Ticket from UKPC

pappa_golf

civil law , the law that states a company can take you to civil court to get monies owing to them ,


I cannot believe that someone would take a (presumably) timed ticket on entry then drive off (or attempt to ) without paying for the time on site , you say you got a ticket from the machine as you drove in , but yet you say there was a parking ticket on the car when you returned ?


why should they issue you a parking ticket ,on your car when you had collected a timed visitors entance ticket , where still on site and had neither paid on exit or driven off yet


its taken 3 pages on this forum for you to admit a lot of things that you left out in your first post , after the poster mentioning your child's health problems , you have played this sympathy card in almost every posting


good luck with POPLa , and good luck in court later on,,,,,,,,,,,,

helphelphelphelp

I can only assume a) that you dont have children or b) one of them has never been diagnosed with a serious illness. As I said earlier, come back and have a conversation with me once this has happened to you and we can discuss rational actions. Until then, if you can offer no help with the appeal, please dont comment anymore. Ive got enough going on in my life without arguing with a keyboard warrior who is scratching at a wound determined to make it bleed. . So if youve nothing to add, please feel free to move on and leave others to offer constructive advice.

pappa_golf

I will not slam the door on the way out then.


I have made over 4.5k post on this forum , standing up for the motorist against "scummery" , however in this case I can only see that someone parked , not over the line , not for 5 mins more than allowed , not even for a ticket blowing off the dash , but a blatent case of parking without any intent of making payment


bye ,,,,,,,,,,

Coupon-mad

pappa_golf wrote: »

I will not slam the door on the way out then.

I have made over 4.5k post on this forum , standing up for the motorist against "scummery" , however in this case I can only see that someone parked , not over the line , not for 5 mins more than allowed , not even for a ticket blowing off the dash , but a blatent case of parking without any intent of making payment

bye ,,,,,,,,,,

Seems a bit harsh for you, pappa golf. She got the PCN and had every intention to pay on leaving (as the system works like that). But the PCN was slapped on the car anyway...unfairly, when her mind was very preoccupied. I'd have been narked too - she did the right thing and approached Security about it but was told where to get off. I can understand why she then left.

helphelphelphelp wrote: »

Because I saw the ticket on my car. Went to security and explained to them what had happened and they said there was nothing they could do. So angry, upset (the cancer had spread in case you were wondering), got in the car and went home, deciding there was no way I was going to pay after getting a ticket (again, dont even try rationalising the thoughts of a parent whose child has just had this diagnosis).

Thought not to worry, will explain to UKPC, but seems that they have tunnel vision when trying to explain something to them, and compassion doesnt even enter into the vocabulary of these sharks.

Aha, that's what I wanted to know too - and I do understand, the PCN was unfairly slapped on the car before you had had the chance to pay on exit. I get that and I can also understand how preoccupied you were with this awful situation. I hope your DD turns a corner soon and that you can post some happier news on that issue shortly, if you want to post about it any more of course.

In fact, the PCN was issued for 'staff parking in a visitor bay' so whether or not the tariff was paid on exist is (strangely) not relevant. The point is, you were not 'staff parked in a visitor bay' you were a visitor and you had a visitor pass.

Were BOTH passes displayed at the same time on the dash?

Have you looked at UKPC's photos on the website? Always worth a laugh and to use in your appeal because the signage evidence is often woeful, as might be the photos of the dashboard. Take a look, if you haven't already.

Was the PCN slapped there during the 30 mins free time, out of interest?

Have you tried a complaint to PALS or if you can't face that, could your GP or a relative do that for you and ask for compassion, and to explain that the contravention didn't even happen? Doesn't sound to me like the tariff even needs discussing as it is NOT about that.

I think the POPLA appeal needs some work & a re-write as we never recommend an appeal point called: ''1) Unlawful Penalty Charge''

That's an old one someone wrote a year ago and was always a bit dodgy, not a winning point. So this will need some re-writing.

What's the date on the rejection letter?

pappa_golf

helphelphelphelp , would you be so good as to host/post a photo of the ticket that was on the car ON THE DAY. not the follow up letter , yust the one that was in the car ON THE DAY

helphelphelphelp

Thanks for your responses. I have slightly amended point 1 and changed it more around the liquidated losses being a penalty to the consumer as UKPC have suffered no financial loss.

1) Liquidated Losses Should not be a Penalty to the Consumer


The carpark in question is free for the first 30 minutes and £2.40 for the next two hours. The £70 charge is punitive and not any representation of any loss incurred – of which there was none as a monthly amount is taken from my salary to enable the vehicle to be parked on hospital grounds. Indeed, UKPC themselves have advised that I need to inform hospital security if I wish to use the visitor’s spaces whilst displaying a staff permit if I am attending an appointment at the hospital. Therefore this is an action that is allowed by UKPC which does not have them suffer any losses as no additional financial payments are needed to park in this manner. However, there is no signage in the car park advising consumers of this term to their parking conditions. It is therefore not possible for the consumer to be aware of what action to take if the parking operator is not following BPA regulations and informing drivers of where to park and any consequences for not following their terms and conditions. In conclusion, it is not possible for me to have formed a contract as I was not fully aware of the terms.
The vehicle was parked in a visitor’s space when the charge was issued. I maintain that the vehicle was correctly parked as it was being used to take a child to a hospital appointment, and therefore was not a member of staff at the time the charge was issued.
UKPC have not proved, as directed by the Office of Fair Trading, their direct losses caused by the alleged breach of contract. If UKPC are claiming for liquidated damages, these must be a genuine pre-estimate of loss as a liquidated damages clause will not be enforced if its purpose is to punish the wrongdoer/party in breach. As a staff permit is held and paid for, no financial loss has been caused to UKPC. The Office of Fair Trading have also stated that a charge will be automatically recoverable simply because it is stated to be a parking charge and cannot be used to create a loss where none exists, which I maintain is being done in this instance.


This is a copy of the ticket left on the car.

helphelphelphelp

I meant to add I have also writte to the chief exec at the hospital explaining the situation and he has said he will put it to the trust to 'consider' so I don't want to rely on this as it's not a definitive answer. He again refers to a process that as a staff member I'm not aware of to notify security.

pappa_golf

please could you clarify something , did you collect a entrance ticket (timed) when you arrived , was it displayed ,

helphelphelphelp

Hi

The rejection letter date is 20 October. I cannot find the photographic evidence. Will keep looking.

In answer to your other question, no, the ticket was no issued in the 30 minute 'free period'.

there was no ticket (other than the staff permit) displayed in the car, as I had to take this with me to enable me to pay on the way out. However, I could see my car from the pay point, saw the ticket, went to security instead.

Should I ask for photographic evidence?

Thanks

helphelphelphelp

OK, I have found the photos and the sign closest to my car says visitor parking only (doesnt mention 'No Staff - guess it could be interpreted the way I did in that I was a visitor that day). Otherwise it just shows my car in the car park, the staff permit in the windscreen and the ticket once issued attached to the windscreen (together with a photo of the aforementioned sign).