UKPC - POPLA or not?

nigelb60

Hi
I've come to this forum (and the wealth of information) a little late, in that I've already appealed my ticket and received a rejection (and POPLA reference) from UKPC.
I worked at a client's site that is situated inside Stretford Mall one weekend and attempted to pay by credit card - I'd checked card payment facilities were available prior to parking. By the time I left the site around 7:45pm, the Mall was closed.
I'd appealed the charge based on the following:-
1. the payment machines did not accept credit card - I tried 3 credit cards and a debit card in 3 different machines (I have video evidence of card payment attempt)
2. during subsequent calls to the Mall's management, they advised me that the machines were not accepting cards as they had run out of paper, and they emailed UKPC requesting the charge be cancelled. I have a copy of this email, which I included with my appeal.
3. I made numerous efforts to pay both prior to leaving the car park (via UKPC's phone line and web site), and subsequently offered to pay the Mall via cheque or bank transfer.

My dilemma is whether to use the POPLA appeals process, as I don't intend to pay the charge regardless of the outcome. Information on this site appears to suggest this an appeal to POPLA may legitimise the ticket and act in the favour of UKPC in any subsequent court action.

Many thanks in advance for your advice.

Fruitcake

UKPC are easy to beat at PoPLA. If you have a PoPLA code, use it.

Use the template appeal points from the NEWBIES thread plus any relevant points from recent successful appeals in the POPLA Decisions thread.

UKPC always lose on signage.

Did you appeal as keeper or driver. The former gives you additional appeal points.

Have you asked the client/landowner to cancel the ticket?

Redx

you would be foolish not to appeal to popla using legal arguments (its rarely about "what happened) , so read recent popla appeal examples for inspiration

if you dont , the judge could take a dim view in court , because you are expected to try to settle the matter long before any court case , especially in cases of frustration of contract

it costs nothing to appeal to popla , and the decision isnt binding upon you either , but it is on UKPC if and when you win your appeal

so read the NEWBIES sticky thread, draft up a popla appeal based on examples from the last 6 months only , and post on here for critique , minus personal info

Umkomaas

Winning the appeal at POPLA will kill this dead. Your reasons why not to appeal POPLA are unfounded. I don't know of anything on this forum that corresponds with what you are saying - can you point that information out?

If you do not appeal to POPLA you face 6 years of potential hassle and possibly a court case against you.

If you have the landowner's confirmation that the charge is cancelled and UKPC are continuing to ignore that and pursue you, written complaints to both the BPA and the DVLA should be made.

When is the deadline for your POPLA appeal?

nigelb60

Many thanks for all your speedy replies - I will take your advice and use the POPLA appeal process.

Just to answer some of the points raised in your responses:-
1. I appealed as driver - I did say I was a little late to the forum :-(
2. I have a copy of an email from the Stretford Mall duty manager to an individual in UKPC asking for the charge to be cancelled in advance
3. POPLA deadline within 28 days of 21st December

There was a couple of paragraphs on moneysavingexpert_reclaim_private-parking-tickets (sorry can't post URL's) that prompted the post...
"It's worth noting that the court may take your previous appeal rejection into account, so a win may be harder."
"It's worth understanding though that by using this appeals process it does mean you're accepting the legitimacy of the ticket and the appeals system."

Again, thanks for the advice, it is much appreciated.

Fruitcake

nigelb60 wrote: »

Many thanks for all your speedy replies - I will take your advice and use the POPLA appeal process.

Just to answer some of the points raised in your responses:-
1. I appealed as driver - I did say I was a little late to the forum :-(
2. I have a copy of an email from the Stretford Mall duty manager to an individual in UKPC asking for the charge to be cancelled in advance
3. POPLA deadline within 28 days of 21st December

There was a couple of paragraphs on moneysavingexpert_reclaim_private-parking-tickets (sorry can't post URL's) that prompted the post...
"It's worth noting that the court may take your previous appeal rejection into account, so a win may be harder."
"It's worth understanding though that by using this appeals process it does mean you're accepting the legitimacy of the ticket and the appeals system."

Again, thanks for the advice, it is much appreciated.

The "official" MSE advice on private parking is dreadful and actually provides a template that gives away the driver's details. The regulars have complained repeatedly and the "official" site has been updated only last week, but it still contains that dreadful, awful advice and I would suggest you pay no further attention to that part of MSE.

The best, most up to date info is here on this forum.

You will need to use inadequate signage as one of your main appeal points. UKPC send very poor stock images of signs which will not be from your location.
Show the PoPLA assesor how the scammers' signs fail to meet the BPA CoP requirements. Take pics of the signs of your location if you can as they may even be worse than the ones UKPC send to you.

Post your draft appeal here for checking before you send it.

Coupon-mad

There was a couple of paragraphs on moneysavingexpert_reclaim_private-parking-tickets (sorry can't post URL's)

And we don't want you to show that URL anyway, because that advice is out of date and pretty awful (I have been asked twice for comments by MSE Megan and MSE Marcel and still there are errors in the MSE advice).

Stay on the forum, you have already given away the driver which was a mistake and MSE cause people to do this by telling people to talk about what happened. But you have a chance to win at POPLA, despite throwing away the slam-dunk winning point of appealing as keeper and making the parking firm forget to issue a 'NTK' (as happens all the time when people do as advised here).

Too late for that now but look at post #3 of the NEWBIES thread for the POPLA template appeal points to put together. Bartos1976 just did exactly that this weekend, templates used in minutes to make a POPLA appeal (others have done the same and already won).

nigelb60

Hi, just one quick question if I may.
As my car is a lease vehicle, UKPC contacted the lease company who in turn sent me notification of the impending PCN (for which I had the privilege of paying a £12 admin fee).
Thinking that I had sufficient evidence to appeal the PCN quickly (stupidly naive in retrospect), I used the reference number in the letter from the lease company to appeal the PCN on UKPC's web site. I haven't yet had any correspondence from UKPC regarding the original "offence" - only the appeal rejection letter.
In hindsight I should have waited for the PCN from UKPC - but would there be any benefit in requesting this now, or just cracking on with the POPLA appeal?

Thanks

Coupon-mad

Oooh that really helps! UKPC have failed to fulfil the requirements of para 13 and 14 of the POFA Schedule 4. Here's one example of many POPLA appeals pointing out the PPC should have enclosed certain documents defined in the Schedule, and they did not:

https://forums.moneysavingexpert.com/discussion/comment/71720909#Comment_71720909

Get this right and it's a slam-dunk win for you.

nigelb60

I'd expected my next post on here to be a draft POPLA. However, out of the blue I received a letter from UKPC telling me that the charge has been cancelled, despite the previous appeal rejection!

I can only assume that the default response to an appeal is to reject it - regardless of any supporting evidence, and that the email from the retailer to UKPC has eventually reached someone who took action???

Anyhow, thanks for your help.

beamerguy

nigelb60 wrote: »

I'd expected my next post on here to be a draft POPLA. However, out of the blue I received a letter from UKPC telling me that the charge has been cancelled, despite the previous appeal rejection!

I can only assume that the default response to an appeal is to reject it - regardless of any supporting evidence, and that the email from the retailer to UKPC has eventually reached someone who took action???

Anyhow, thanks for your help.

Well done, someone has turned the corkscrew into UKPC.