Is it a private road?

minttea1

Hi again,
Just to say I've received my first (of probably 4) rejections from UKPC, so planning to write up a brief appeal to POPLA.


I'm only including non-compliance with para3 POFA2012 (relevant land), as signage etc don't really stand up to argument on a public road.


Anything else I should mention, do let me know

Umkomaas

Why are you not using the NEWBIES FAQ sticky initial appeal?

minttea1

Umkomaas wrote: »

Why are you not using the NEWBIES FAQ sticky initial appeal?

because I've done that already..

Umkomaas

minttea1 wrote: »

because I've done that already..

Sorry, it's been a long day - skim reading, which is essential for dealing with the volume (I've dealt with 25 cases today) sometimes goes awry.

yotmon

minttea1 wrote: »

Hi again,
planning to write up a brief appeal to POPLA.


I'm only including non-compliance with para3 POFA2012 (relevant land), as signage etc don't really stand up to argument on a public road.


Anything else I should mention, do let me know

Lots ! You need to throw everything and anything at them, including the kitchen sink !

Never rely on just one appeal point - who knows if popla will agree with you. There are plenty of recent popla appeals on the forum, look them up and match them to your bespoke appeal.

minttea1

Appeal letter as below, successfully upheld.
As keeper of vehicle with registration XXXX XXXXX, I would like to exercise my right to appeal to a parking charge notice issued on xxth Xxxxx 2016 on Xxxxx Xxxxxx (as attached).
Paragraph 3 of Protection of Freedoms Act 2012 states:
“Relevant land” means any land (including land above or below ground level) other than — (a) a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980).
XXX XXXX is in fact, a highway maintainable at public expense, which can be confirmed on XXX XXXXx Council’s Highways land search register located here: http://xxxxxxxx.gov.uk/highways_land_search_register
UKPC Ltd has no authority to issue parking charge notices at the location specified on the ticket, and has therefore not fulfilled a basic condition of doing so according to Protection of Freedoms Act 2012. If UKPC Ltd would like to pursue the penalty charge further, I ask that it proves it has authority to issue tickets on a public highway - Xxxxxxxx xxxxx.
UKPC Ltd claims it has a contract with the landowner. Therefore, I would request that it provides a copy of this so I may ascertain its policy on cancelling this charge, and to obtain the process for complaints. This is within my right to request under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
UKPC Ltd has sought to seek recovery of parking charges by requesting keeper details, but is in breach of the Kadoe agreement, which states that it must reasonable cause to request those details. Parking on the public road is not a reasonable reason.
In conclusion, I believe there is due reason to uphold this appeal and therefore cancel the charge issued.

Umkomaas

Well done on winning your POPLA appeal and for updating the POPLA Decisions sticky - I've put a link there back to this original thread.

Did you get confirmation from the council that UKPC were in fact ticketing on a public highway?

UKPC seem to have droppped this like a hot potato; one can only draw an inference (perhaps)!

minttea1

Hi
I've had 4 tickets from ukpc, of which 3 have been successfully upheld on appeal.

However, the 4th seems tohave got through the net. UKPC have passed it on to debt recovery. Having spoken to them this morning, they've told me that i was sent a popla code, although I've not received it. Obviously doesn't leave me with much option but to pay it. Personally don't have the time to go through county court etc.

Any advice welcome.

fisherjim

minttea1 wrote: »

Hi
I've had 4 tickets from ukpc, of which 3 have been successfully upheld on appeal.

However, the 4th seems tohave got through the net. UKPC have passed it on to debt recovery. Having spoken to them this morning, they've told me that i was sent a popla code, although I've not received it. Obviously doesn't leave me with much option but to pay it. Personally don't have the time to go through county court etc.

Any advice welcome.

Are you being serious, why do you think that?

You certainly should not have any communication with Debt Recovery plus or pay them their £60 on top cost, ignore them as they can't do anything and see what transpires.

Do you think UKPC would try court after loosing three times at POPLA?

minttea1

I'd appreciate useful advice rather than 'are you being serious'.

Thanks,