UKPS parking fine on own allocated space for no tdisplaying permit

jbepari

Hello all,

A friend has referred me to this website as I've got an issue with a UKPS parking fine on 11/06/2016.

We live in a rented flat and have a allocated car park which is clearly mentioned in my lease agreement. Few week before my car was issued with a parking fine outside my home which was stuck to my wind screen.


I am new to this country and I don’t know before that permits is required to be displayed even if you have a allocated parking and the next day the car was issued a fine.


This is highly frustrating as it was a simple error made on my behalf,
and I shouldn’t have to pay the fine when I have a permit and I parked outside my own property.

After that I made an appeal on 21/06/2016 that I have valid permit to access my parking space and asked them to show prove whether UKPS have any contract with my landlord.
Please refer below my letter of appeal to UKPS.
My Appeal to UKPS:

“Dear Sir/Madam,

Ticket number: ______
Vehicle registration number: __________ (Rented Car)

You issued a parking penalty charge on 11/06/2016 but I believe as an owner of that parking space where I parked my car, the penalty charge notice was issued unfairly / illegally. I will not be paying your demand for payment for the following reasons:


1. The alleged contravention did not occur
Quite simply, the parking attendant got it wrong and the vehicle was not parked inappropriately at the time the ticket was issued. This is due to the fact that I parked in my allocated parking space meaning you had no authority to issue a ticket. Please see attached evidence of the page of my “Tenant Agreement clearly stating my Allocated Parking Number 73” mentioned in Tenancy Terms and Conditions PART ONE Clause No. 1.3, as proof of my claim.

2. Lack of standing/authority from landowner

I require UKPS to provide a full copy of the contemporaneous, signed & dated contract with the landowner. I say that any contract is not compliant with the requirements set out in the BPA Code of Practice and does not allow them to charge and issue proceedings for this sum for this alleged contravention in this car park. In order to refute this it will not be sufficient for the Operator merely to supply a site agreement or witness statement, as these do not show sufficient detail (such as the restrictions, charges and revenue sharing arrangements agreed with a landowner) and may well be signed by a non-landholder such as another agent. In order to comply with paragraph 7 of the BPA Code of Practice, a non-landowner private parking company must have a specifically-worded contract with the landowner - not merely an 'agreement' with a non-landholder managing agent - otherwise there is no authority.


Further Questions:

To begin our discussions, as this is purely a claim under a purported contract, and you have no statutory footing to issue penalties, I wish to make you aware of the following details and require the specific information so that I can assess the validity of your claim:

1. Who is the party that contracted with UKPS (NW) Ltd for the provision of their services at the site of the alleged to have taken place in __________ Car Park.
2. What is the full legal identity of the landowner?
3. As you are not the landowner, please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that UKPS (NW) Ltd
have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner .
4. Is your charge based on damages for breach of contract? - Yes or no?
5. If the charge is based on damages for breach of contract, please provide justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? - Yes or no?
7. If the charge is based on a contractually agreed sum for the provision of parking please, provide a valid VAT invoice as you make no mention on VAT in any correspondence.


I therefore respectfully request that my appeal is upheld and the charge is dismissed.

Yours faithfully,

---

“

But UKPS didn't answer any of question and simply rejected my appeal stating that:

“Thanks you for your appeal. We have given careful consideration to the points you have raised.
Essentially, the law relating to parking land is a matter of contract, and unlike in criminal law, mitigation does not affect the breach of that contract. The contract terms are clearly displayed on the signs at the entrance to and within the car park and by parking there you are deemed to have accepted those terms. May I add, the Road traffic Act does not apply on private land.
We operate parking management on many car parks for various landowners, some of whom have multiple sites. These are identified numerically and are assigned to particular sites or areas as determined by the land owner. The permit is only applicable to that site and should it not be clearly displayed then it could be abused. The inability of the Parking Control Officer to identify the precise details on the permit due to poor or no display will give rise to the issue of a Parking Charge Notice (PCN) in accordance with the contractual terms.

In the circumstances and in accordance with the evidence provided, we are satisfied that you have breached the aforementioned contract and therefore you appeal is rejected. In order to appeal to the IAS who provides an Alternative Dispute Resolution scheme they will need your parking charge number , your vehicle reg and the date the charge was originally issued. Please be aware that any appeal rejected at the IAS stage at the face value of £100.”

Please suggest do I need to pay??

Thank you in advance

Coupon-mad

No. Just ignore them all the time they send silly letters like that.

Do not try the IAS. Do not think about it. Do not answer any private message offering to 'help' you, always from people with less than 1000 posts who might have a vested interest. Don't reply.

Do not ring the parking company. Do not pay!

Come back here if you get actual Court papers or a letter from 'Gladstones' or other solicitor. It is a HUGE shame you put ''where I parked my car'' in your appeal, which is the last thing to tell them - next time, do not use that appeal, use ours from this forum. Now they know who the driver was which will make it a bit easier for them if they try a small claim in the end- but you can still defend it if you need to.

You do not need to tell us about every letter (but do keep them all). Just tell us about any solicitor or Court claim!

jbepari

Thanks for replying. As we are new to this country we were not aware of all rules and regulatons here. After getting ticket we researched, and were confused whether to make an appeal or not because in some forums peoples are advicing to ignor it totally but in some they are suggesting to make appeal. So ended in appealing UKPS but now we are regretting our decision that we contacted them:(:(. Now we want to understand what will be the consequences if we didn't pay?

Redx

there are no rules and regulations regarding parking on private land, that is part of the problem (parking on private land is not regulated)

we always tell people to appeal the first invoice, then ignore anything else from IPC members, unless its an LBC or an MCOL

the worst that can happen is a court claim (a bit like Judge Rinder) in the civil court (not criminal court) and you defend yourself in front of a judge (if it gets to a hearing)

if you lose , you pay what the judge tells you to pay , typically £175 to £225 , in the time period you are told to pay in , typically between 14 and 28 days

the PPC has 6 years to try a court claim

Coupon-mad

jbepari wrote: »

So ended in appealing UKPS but now we are regretting our decision that we contacted them. Now we want to understand what will be the consequences if we didn't pay?

We do suggest one appeal, but not saying who was driving. Saying 'I parked' was a complete no-no. Never mind. No sad face needed.

Have you ever watched 'Judge Rinder' on daytime TV? The worst case scenario is a court hearing a little tiny bit like that but without the joking or gurning from the Judge and without TV cameras. And if you lose the Judge tells you to pay and that's the end of it. That's all. No black mark against you.

And most cases never go that far. Most people just get silly letters. Keep them but do not reply. RELAX. You have not done anything wrong and have not broken any law.

Come back and tell us in the end if you do get court papers and we can discuss defence words.

Antoniaaaaaaaa

I'm really sorry to intrude but this is the only UKPS forum I could find from 2016!

I got a ticket last May (2015) but I heard that they have to wait 5 minutes before putting a ticket on your car and I had been honestly less than 3 minutes. My friends father told me not to pay it and not to appeal, to just ignore it. I did that and didn't get any letters until 1 year later, this May! i ignored that letter (advice on here told me that they send a few letters and give up) but I received another one today which obviously has worried me. I know that's how they get to you, by making you worried! It's gone up to £199 now with an 'admin fee'.
I did some research today and some forums I read are now saying that ignoring them doesn't work anymore because a law changed recently and they actually will beat you in court and then you'll have to pay court fees as well. I'm most worried because I was parked where I should not have been but for less than 5 minutes. I feel like they probably would take me to court because they will win?

What can you suggest please?

Fruitcake

Antoniaaaaaaaa wrote: »

I'm really sorry to intrude but this is the only UKPS forum I could find from 2016!

I got a ticket last May (2015) but I heard that they have to wait 5 minutes before putting a ticket on your car and I had been honestly less than 3 minutes. My friends father told me not to pay it and not to appeal, to just ignore it. I did that and didn't get any letters until 1 year later, this May! i ignored that letter (advice on here told me that they send a few letters and give up) but I received another one today which obviously has worried me. I know that's how they get to you, by making you worried! It's gone up to £199 now with an 'admin fee'.
I did some research today and some forums I read are now saying that ignoring them doesn't work anymore because a law changed recently and they actually will beat you in court and then you'll have to pay court fees as well. I'm most worried because I was parked where I should not have been but for less than 5 minutes. I feel like they probably would take me to court because they will win?

What can you suggest please?

Ignoring has not been advised on this site since the law changed in 2012, so not really a recent change.

You should read the Sticky thread for NEWBIE then start your own thread. Any advice here will be for the benefit of the original poster. By starting your own thread you will get advice specific to your case.