UKPC appeal letter review before sending

mobonez

Hello,

I would be really grateful if anyone could help me out by reading over my appeal letter before i send it off.

For initial background information, I received a window 'PCN' by UKPC while visiting a retail park. The reason for the charge being issued is due to not displaying a valid disabled badge whilst parked in a disabled bay.

To the best of our knowledge we displayed the badge correctly however upon returning to the vehicle found it to be on the front passenger seat.

My appeal letter is constructed from the blue text found in the newbie thread and also a few bits added in by myself to get my point across.

Please could someone kindly give this a read through and let me know if i should make any changes or would it be fine to use it as it is, also if possible, what kind of reply should i be expecting to receive from UKPC in regards to this.

Date

Dear Sirs

Re: PCN No. XXXXXXXXXXXX

I challenge this 'PCN' as keeper of the car.

An occupant of the car is disabled and did correctly display their Blue badge to the best of their knowledge, upon returning to the vehicle, it was found on the front passenger seat, assuming it had somehow fallen whilst exiting the car and closing the door - see attached scan for your information. If rejecting this appeal please explain your reasons for failing to make a reasonable adjustment as part of your statutory duties as a service provider, which flow from the Equality Act 2010.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.
Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

XXXXXXXXXXXX

Fruitcake

I am not an expert, but it looks OK to me. Just remember not to send it too soon. For a windscreen ticket it needs to go out as near to the appeal deadline as possible without actually missing it.
I suggest you add a copy of the BB with the appeal.

As for what to expect as a reply, it is unlikely you will get anything other than a rejection. You will then have to construct a PoPLA appeal. Post it here for the regulars to check.

The reason why the badge fell off the dash could be because it as very windy that day, or because someone performed a jolly jape by bouncing up and down on the car. I have no idea who would do such a thing or what they would hope to gain from it.

You should be aware that UKPC have been investigated several times for dodgy behaviour, and were caught doctoring time stamps last year on photo' "evidence."

How did you get on when you complained to the managers of the stores you visited in the retail park?

Boxer999

I am in exactly the same situation with regards to owning a blue badge and getting a pcn in a disabled bay. Will the letter above be used when appealing to the ppc or at the popla stage

Coupon-mad

That's just for the PPC, submitted around day 26 from the windscreen ticket Deliberate timing to hope that no NTK is issued.

POPLA stage is covered in post #3 of the NEWBIES thread and involves a very long appeal, deliberately so, to get shot of 'em.