A Request for Advice

claire.ck

Hi,
I received a parking ticket and have followed the guide to appeal it. The appeal has been rejected. I am very reluctant to pay and wonder if anyone can advise me as to how to resolve the issue?
This is my appeal letter;

17/03/2016


Dear Sir or Madam,

Issue number: ******
Vehicle registration number:*****


You issued me with a parking ticket on Wednesday 9th March 2016 but I believe it was unfairly issued. I will not be paying your demand for payment for the following reasons;

I am entitled to use a disabled parking space as i am a blue badge holder. On the 9th march the weather was particularly poor with extreme wind (please contact the met office for details about the weather on the day in question). I believe that my blue badge was blown from the dashboard after being placed for display.
I have been advised to refrain from sharing copies of my Blue badge with anyone other than official organisations. You can contact the Blue Badge Team, ********************* for confirmation of my entitlement to park in a disabled space.
The car park is free to use. The property owner will not have lost any profit from the alleged contravention.
The parking attendant who issued the ticket has incorrectly logged the contravention on your company's system. When I contacted your company, I was informed that your company had records of the fine being issued in *********************, not *********************. See attached document.


If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,

Claire

And This is their reply;

ISSUE NUMBER: ________
REASON FOR ISSUE: In a disabled bay without valid badge displayed VRM ________
LOCATION: _______ Retail Park [THE COMPANY IS STILL STATING THE INCORRECT LOCATION]
DATE: 09 Mar 2016 14:00
REJECTED
Dear ________,
Thank you for your appeal regarding the above parking notice charge.
Disabled bays are provided for the use of motorists who display a valid disabled badge clearly in the windscreen of their vehicle. This parking restriction is clearly stated on numerous signs at the car park which state the badge should be displayed with all appropriate details clearly visible for checking purposes. Prior to leaving the vehicle it is the responsibility of the motorist to ensure the Disabled Badge is clearly on display and not dislodged. By parking the vehicle in a disabled bay the driver contractually agrees to display a valid disabled badge or pay a parking charge of £100 (reduced to £60 for early settlement if paid with 14 days from the day of original ticket issue), which remains unpaid. Whilst we sympathise with the situation, the parking charge was correctly issued.
As your appeal has now been rejected you may now: 1 Pay the Parking Charge Notice within 14 days. Please note that after this time any discounted rate, which may have existed, will not be applicable and the Parking Charge Notice will be 100GBP. 2 If you believe this decision is incorrect,you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. Please visit *** for full details. Please note if you make an appeal to the IAS then the discounted rate is no longer available. The Independent Appeals Service provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection. 3 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.
Your Parking Charge was issued under the IPC code of practice
UKCPS can only address the factual issues of where and how you parked. We will not enter into discussions about the legality of parking on private land or of the landowners right to impose parking conditions on their property. We will only answer points relevant to the specific parking event all other points you may have made are irrelevant to the appeal.
UKCPS Ltd provide national car parking solutions. Our ICO registration number is Z968298X and we have electronic access to the DVLA database of Registered Keepers. We are accredited AOS operators with our ATA (Approved Trade Association).
Regards,
UKCPS Appeals Department BS UKCPS Ltd Registered Company Number 5090613
Registered in England; 1200 Century Way Thorpe Business
Park, Cotton, Leeds, West Yorkshire.
1515 87.A.

Thank you for taking the time to read this, and also thank you in advance to anyone who is able to offer advice.

pappa_golf

and they have answered you , and given you details on how to escalate the appeal


you have or almost have admitted to being the driver (bad move)


have you read the newbies thread , its cunningly hidden as a stickie at the top of the forum and is entitled Newbies! Need help with a private parking ticket? Read this before posting!!


https://forums.moneysavingexpert.com/discussion/4816822

Redx

blue badges dont have much relevance on private land, please read your blue booklet

the EA2010 may apply, but your BB does not

Guys_Dad

They have put a condition in place that certain spaces are reserved for motorists displaying Blue Badges and you faiuled to do that. They may pursue you for breaching these conditions.

They could equally have some bays designated for red cars only and ticket any black cars parking there!

The landowner should be contacted giving them the details of your blue badge etc.

Ultimately, you can appeal to IAS. but don't hold your breath.

I suspect you will have to wait and see if they issue court papers or try it on with Debt Collectors or fake solicitors.

Umkomaas

Like others, I'd go no further on this unless you receive a formal Letter Before Claim (from UKCPS) or real court papers. I think you'd have a very good prospect putting this in front of a Judge, with a sound defence. I guess UKCPS will know that too and won't chance pursuing this to court - but who knows.

They do 'specialise' in Blue Badge cases, especially with fly parkers/chancers in disabled bays.

You are likely to face a shed load of debt collector letters, but they carry no real threat. Ignore those. Read the newbies sticky, post #4 to learn about dealing with debt collectors. Come back if you need any further advice/reassurance.

claire.ck

Thank you for your advice. I'll contact the shops.
I wasn't sure that as they Logged the location incorrectly the PCN would be nullified?

Coupon-mad

claire.ck wrote: »

Thank you for your advice. I'll contact the shops.
I wasn't sure that as they Logged the location incorrectly the PCN would be nullified?

Well, maybe...sort of...could be useful.

I am toying with a suggestion that people may like to 'register intent' to IAS appeal, which gets you a sneak preview of the 'prima facie case' and even then you do not have to proceed with the appeal.

I think I would register intent (for the free IAS procedure) and see UKCPS' hand first. You can be a guinea pig for this new approach, come back and show us once you have 'registered intent' and UKCPS have supplied their 'evidence' because I am interested about that wrong location issue you have mentioned, it may make their case a bit easier to blow apart.

Very similar UKCPS case here where I am helping the OP try the new approach:

https://forums.moneysavingexpert.com/discussion/5442470

Strangely enough, another UKCPS 'wrong location'.

You may wish to send a pm to bluetoffee1878 to compare notes and follow his lead. I do not accept pm's, generally too busy so ask bluetoffee1878 how he gets on and register intent, do NOT use the £15 paid-for version of IAS and do not just submit an appeal when you are given 7 days to do so, come back here FIRST or you will likely lose, there are no mitigating circumstances that will work, it needs more thought for IAS and a good look at their 'evidence'.

Either way, we won't be telling you to pay this scummy, moneygrabbing firm who operate from behind a dingy Leeds pub.

bluetoffee1878

Happy to help if you would like to contact me.

claire.ck

I am going to e-mail the owners of the land and will copy in the relevant store managers. I will explain the situation and my intended future actions regarding the PCN.
I will also register intent to appeal with the IAS.
Can anyone suggest how I might subtly suggest to the land owner that I will be commenting on my experience via social media? Also that positive publicity, whereby commonsense judgement and actions taken by them can be beneficial for their public image?
When I have asked family and friends for their opinion about what I should do all I have been told is to pay up for fear that costs will escalate. I see this (and many other parking companies) as being bullies and if I didn't have the tech skills or very limited knowledge that I have I would have paid up immediately.
Thank you again for the advice and support.

pappa_golf

start reading up on the equality act ,and retaliate to the land owner and parking Co with a vengeance if they are stupid enough to pursue this to court,


a nice holiday in hot climes might be beneficial to your health.

Ralph-y

"When I have asked family and friends for their opinion about what I should do all I have been told is to pay up for fear that costs will escalate"

that's why the scamsters are still going :mad:

its a good job there are people like you out there ......

Good luck

Ralph:cool: