ukpc responce to appeal

hayter860

Hello, I received the below response from ukpc in December. I am trying to work out what to di next, but I am struggling to navigate this forum for the correct response to this. I origionally appealed using a template from this site. Any help would be gratefully received!! It was a windscreen pcn at an odeon cinema. And was given for being outside the white lines, into a chevron area. ie not over two spaces....


Thank you for your recent correspondence in relation to the above parking charge.

In order to make a final decision regarding your appeal, please can you provide a copy of a valid permit to our Appeals department within 21 days of this letter.

All of our signage is fully compliant with the guidelines set out within the BPA Code of Practice and we reject the notion that is in in any way unclear or ambiguous.

The contract UKPC has with the owner or occupier of the land (which authorises UKPC to enter in a contract with the driver requiring the payment of Parking Charges in respect of parking of the vehicle on the land) contains a confidentiality clause and as such we are not in a position to provide the contract to you.
As a member of the Approved Operator Scheme, UKPC are audited by the British Parking Association to ensure that we have all relevant contracts in place. UKPC will provide the court with a copy of this in full if they require it, or can provide a written statement to this effect from those party to the contract. We are also more than happy to provide confirmation to the independent assessors that we are authorised to manage parking at this site.

We can confirm that parking management at this site has been contracted to UK Parking Control Ltd.

Paragraph 9(2)(b) of the Protection of Freedoms Act 2012, states that we must inform the registered keeper that the driver of a vehicle is required to pay the parking charge in full. It also notes that as we do not know the driver's name or current postal address, the registered keeper, if they were not the driver at the time, should inform the operator (i.e. us) of the name and current address of the driver and pass the notice to them. The Act also warns that if, at the end of the period of 28 days (beginning with the day after the Parking Charge is sent), the parking charge has not been paid in full and the operator does not know both the name and current address of the driver, the operator has the right to recover any unpaid part of the parking charge from the registered keeper. This warning is given under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms act 2012 and is subject to us complying with the applicable conditions under Schedule 4 of that Act (which we consider we do comply with, to the letter).

Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received, at this stage a POPLA verification code will be provided.

Further correspondence can be sent to our postal address below or on our website (unable to provide link but its the appeals website). Please can you ensure that your parking charge details are attached when sending further correspondence.

The Parking charge has been on hold whilst under appeal and may be settled in full at the reduced rate of £60.

PLEASE DO NOT IGNORE THIS LETTER. UKPC REGULARLY TAKES MOTORISTS TO COURT WHO IGNORE THEIR PARKING CHARGES. PLEASE SEE ukparkingcontrol . com / parking - l egalities FOR FURTHER INFORMATION


Thanks in advance

Fruitcake

Ignore all of that and wait for a PoPLA code. When you get it, construct a PoPLA appeal and post it here for comments before you send it.

They are telling lies and telling you that you should tell them the driver's details. This is not acceptable and you should complain to the BPA and DVLA about this.

The DVLA told the BPA to tell their members not to ask for driver's details.

These are the instructions the BPA gave to their membership after being told to do so by the DVLA.

“the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

Particularly reminder the BPA and DVLA that they should very carefully read the first sentence, which clearly shows that what is happening in your case is very much a breach of the Code of Practice, and by their own words, needs to be investigated

So, complain and wait for your PoPLA code.

pappa_golf

well they are under the impression that you had a permit to park on the land ,


perhaps they are now not worried about the bad parking , just the fact that you were on the land


or they are stupid and sent the wrong template letter to you

hayter860

Thank you. I presume when I ignore this that they will send the popla code in due course?

hayter860

In relation to second response, the original offence was for being outside the lines. Its a free car park so as far as I can see no revenue lost for them. Its just the next stage im after. Looks like to ignore this letter and wait for next one!

DoaM

If you don't get the follow up letter with the POPLA code within 35 days of having sent the appeal, send a complaint to both UKPC and the BPA about UKPC flouting the BPA code of practice.

Take the initiative so you don't sleepwalk into the debt collector dirge and possibly court action.

hayter860

I sent the appeal online on the 19th November. Had the above response to the appeal on the 19th December. so now is well out of the 35 days?!?

I moved house since the ticket was issued and provided the new address in the appeal on line. I presume they would of emailed the rejection letter and popla code. Have they just forgotten about this or shall I keep waiting? Anything posted now won't get to me

Fruitcake

hayter860 wrote: »

I sent the appeal online on the 19th November. Had the above response to the appeal on the 19th December. so now is well out of the 35 days?!?

I moved house since the ticket was issued and provided the new address in the appeal on line. I presume they would of emailed the rejection letter and popla code. Have they just forgotten about this or shall I keep waiting? Anything posted now won't get to me

It is not too late to pay for postal redirect. Something I suggest everyone does who has moved home.

Complain to the BPA and DVLA as well as the above complaint that you have not received your PoPLA code which is outside the 35 days required. Send both a copy of your correspondence showing that you gave the scammers your new address.

hayter860

I have just looked at the bpa rules about the 35 days. Basically the way Ukpc have worded it means the 35 days is flexible and can be as long as they want to make it! Surely this can't be right. I have cut and pasted from the bpa rule book below....

You must acknowledge or reply to the challenge within 14 days of receiving it. If at rst you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept
or reject the challenge in writing not more than 35
days after the information required to resolve it has
been received from the motorist. It is acknowledged
that in exceptional circumstances, an investigation into
a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times

meater

Do UKPC still have access to DVLA database? Were they not banned for doctoring evidence etc?

beamerguy

meater wrote: »

Do UKPC still have access to DVLA database? Were they not banned for doctoring evidence etc?

YES, it was only a 3 month ban.

As it was fraud, the best question to ask the DVLA is why they were not given a lifetime ban