Help- POPLA appeal rejected-threat of court

mellyworm

Hi there, I'm really sorry to start a new thread. I'm not very technical and I have been trying to go through threads but I think I'm checking the wrong ones.
I received a parking ticket on my windscreen down my own road from UKPC last year. (we signed a tenancy agreement in feb and UKPC started operating later in the year so there's no mention of them in our tenancy agreement) I had no idea these threads existed at the time, so I appealed against them myself, as they stated 'not parked within bay', my reason for appeal was that I had a permit, and was parked on the roadside, along with all my neighbours, who hadn't received a ticket and the roadside has no bays at all. They rejected and told me to appeal through POPLA or pay. I appealed and included my reasoning and also a map from the managing agent showing clearly that the road is okay to park on. POPLA came back and rejected the appeal stating that signage said I couldn't park around the bin store perimeter. I was shocked as this had never been mentioned in any of the POPLA appeal from UKPC. I don't want to pay the ticket as I genuinely believe I am in the right, and UKPC are just bullying yet another person. I don't know however if I have the strength to defend myself against such a big company, and I have started receiving letters threatening court action and now the charge has gone from £60 up to £160. I keep thinking I'll just phone and arrange a repayment arrangement as my mental health is suffering recently and this is just contributing. I just wondered if anyone is willing to help me. I would happily pay someone for advice if they would be happy to have a look at my appeal and evidence. I am kicking myself for not researching earlier, as I probably could've avoided this.
I really appreciate that there are many new posts each day and I shouldn't start my own- I just have no idea where to start. Thank you in advance for any advice you may have to offer.

mellyworm

I must ad, I also contacted my managing agent further to POPLA's decision, and they said they can't help because POPLA got involved.

The_Deep

Let this stiffen you resolve to fight these scammers

[FONT=Times New Roman, serif]UKPC are former clampers who have been involved in quite a number of sordid scams, for example[/FONT]

[FONT=Times New Roman, serif]Hull Trading Standards took them to court on 15 counts of fraud. UKPC won all but one, but only because they had a better lawyer, a Q.C. If I recall correctly[/FONT]

[FONT=Times New Roman, serif]http://forums.pepipoo.com/index.php?showtopic=63597[/FONT]

[FONT=Times New Roman, serif]They were bested by a Winchester barrister [/FONT]

[FONT=Times New Roman, serif]http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**[/FONT]

[FONT=Times New Roman, serif]They were involved in a large scale scam which resulted in a DVLA suspension[/FONT]

[FONT=Times New Roman, serif]http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html[/FONT]

[FONT=Times New Roman, serif]Then they had another go, this one is still being investigated[/FONT]

[FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/discussion/5390608[/FONT]

[FONT=Times New Roman, serif]And then of course there was Tracey Kiss[/FONT]

[FONT=Times New Roman, serif]http://www.tracykiss.com/product-reviews/my-ukpc-parking-charge/[/FONT]

catfunt

mellyworm wrote: »

I must ad, I also contacted my managing agent further to POPLA's decision, and they said they can't help because POPLA got involved.

That is bolleaux - the landowner is the principal and can demand that UKPC cancel the charge. If they did, UKPC would have no prospect of winning any court case.
Perhaps speak again to the management agent and demand that they cancel the charge if it was they who employed the PPC in the first place.
Have you been in touch with the landowner?

mellyworm

Hi catfunt- I haven't contacted the landowner. I'll ask the managing agent for their details. I was disappointed when they replied with:
Thank you for your email, I can confirm that we have been in contact with UKPC. However they have informed that, the parking ticket dispute has gone through with POPLA.

Unfortunately, as this dispute has gone through an independent adjudicator, we are unable to argue your case with UKPC.

Ill contact them and try to fight it with them.

mellyworm

Thank you By The Deep. I'm
Going to read up on these tonight.

Coupon-mad

mellyworm wrote: »

Unfortunately, as this dispute has gone through an independent adjudicator, we are unable to argue your case with UKPC.

That's just a lie. Not true at all that they cannot just cancel it at any stage (except after court proceedings, which are rare). Tell them you are not asking them to 'argue a case' or 'appeal on your behalf'! The parking firm are their agents and they are the principal so they can just require a cancellation for a resident, end of story.

The_Deep

Unfortunately, as this dispute has gone through an independent adjudicator, we are unable to argue your case with UKPC.


The appeal was not up to snuff, a better argument should have one. The MA instructed the PPC, they can instruct the PPC to cancel


The purpose of PPCs is to make life easier for occupants to park, not interfere with their "quiet enjoyment" of their property as guaranteed by their lease/AST.

mellyworm

Hi all, I wrote to the managing agent again and they came back with the landowner details. I wrote to them to ask them to help and they have replied with this:
Good morning,

Thank you for email below.

Our client is sorry to hear that you are experiencing issues with parking at the development.

Under the terms of the lease our client is not responsible for any maintenance or management of the development and this is beyond our remit. However we can advise that generally parking regulators are put in place by the management company to manage parking on site for the greater benefit of all residents at the development and this results in residents having to follow specific rules and parking guidelines. Designated permits are not a licence to park anywhere on the development.

All parking issues would need to be pursued through the management company Trinity Estates, and as you have previously advised they are not prepared to take this matter further. We understand that you have had two rejected appeals from two different bodies and your management company are in favour of the decision made. We can therefore only suggest that it’s in your best interest to pay the fine on this occasion and moving forward liaise with your managing agent so that this doesn’t happen again as we understand this is an inconvenience to you.


We appreciate that this was not the response you may have been hoping for but unfortunately there is nothing our client as freeholder can do here as we hold no maintenance or management obligations or enforcements under the terms of the lease.

We apologise hat we couldn’t be of further assistance on this occasion.

I am really disappointed with their response. I literally panicked and picked up the phone to pay the charge just to make it go away. But I've just been reading through the forum again and feel so angry that they are able to bully people that I think I should fight it. Do you think I would have a good case?

salmosalaris

For God's sake don't pay
Gather some evidence , photo's of the sign wording ( this is often bolleaux) , where the signs are placed , where you parked etc . Compare with any signage map provided .
Await a letter before action or court claim othewise ignore

Coupon-mad

Just ignore them, in the absence of court papers (and defend with our help if that happens). This is UKPC, a notorious bunch let loose by your managing agents 'for the greater benefit of all residents':

http://www.mirror.co.uk/news/uk-news/parking-company-workers-doctored-photos-6420974

Hmmm...not to be paid. They are not deserving of your money.

I would be replying and giving the agents that link and saying:




Thankyou for you reply.

I appreciate your opinion but I will not be paying UKPC, a notorious firm for countless unfair PCNs who narrowly escaped being kicked out of their Trade Body for apparent fraudulent activity by their staff recently {link}.

I am astonished that your client and Trinity Estates support this bullying and admit the charge is in fact a 'fine'. Thankyou for confirming that it is purely penal and therefore unenforceable and the polar opposite of the type of 'charge' upheld in ParkingEye v Beavis. I will use your confirmation that this is merely aimed as a penalty, if I am required to fight this in court and would intend call your client as a witness.

UKPC are not a firm that should be on site ruining residents' peaceful enjoyment, threatening legitimate visitors and bringing down the reputation of the estate. We'll have to agree to disagree this time, although the landowner and trinity Estates should know I remain incensed by this regime imposed by an ex-clamping firm, who you choose to support instead of residents. How you can believe a resident should pay £100 'penalty' is beyond my understanding and I will not be doing so.

I sincerely hope Trinity Estates takes the reality of UKPC's true colours on board when the contract is up for renewal because only legitimate residents and visitors are suffering by this high-handed treatment which has no justification at all here.


You could then say you are donating the money to a named charity so that the landowner can see you are not the 'bad' party here. Copy in Trinity Estates so they all know you are not backing down but have the moral high ground.




Then ignore the debt collector letter chain - and please don't post about it here. We never need posts about the boring old DRPlus and Zenith letter chain, ignored here for a decade and covered on pointless threads, more times than we've had hot dinners.

DO NOT fold at the next letter, next month or the month after that! Do not phone and make any arrangement to pay, just Google each letter each time you get one. Choose a short phrase from it with the name of the firm, e.g. 'Debt Recovery plus landmark court case' finds umpteen zillion unnecessary discussions about nothing.

Only respond to a debt collector and PPC (both by email, keep proof) if you move house, to update your address to avoid a default CCJ.

Come back if UKPC or their solicitors actually send a LBCCC or court papers arrive.