UKPC Parking Charge Advice - Should I Appeal?

J4321

Hello,

I have read the stickies on the forum but I have a question as to whether I could be successful in appealing my Parking Charge from UKPC.

The charge was received in the private parking outside my flat. I returned home one night from work and there were no spaces so, seeing as I have seen other car park users do this before and there were no double yellow lines on the road, I parked up on path ensuring people can still use the path. Suffice to say next morning I had a Parking Charge on my windscreen for not parking correctly within the markings of the bay or space.

The sign in the car park does say that this is not allowed however the writing on the sign and it’s position makes it so you have to go and stand underneath it to actually read this. Also seeing as I have a permit to park in the area I don’t understand what the other party’s loss would be.

This is the first time I’ve ever got a parking ticket so I wonder if anyone could just advise me whether I should appeal after 25/26 days and go via POPLA?

Many thanks for any help!

Redx

yes you should send the blue text template on day 25/26

yes you should go to popla after the inevitable rejection

so start drafting your popla appeal in the next few weeks, based on the usual legal arguments used at popla (which wont be about "what happened" - but will be about signage , no contract , any POFA2012 failures , any NTK failures etc

you will see examples in the NEWBIES sticky thread , popla section

even if you lost you do not have to pay , not unless they take you to court and a judge says so

if you have a permit to park, then there should be a space for you , so they failed in not providing one to remain free

J4321

Perfect, I thought so! Thanks for confirming that for me. I shall start drafting my popla appeal. Once it's drafted could you possibly have a look at it?


Many thanks for your help.

Redx

if I dont , somebody will , plus there should be recent examples from others in a similar position

when you draft it , leave the personal details out for now, putting dummy details in for the draft, then post it from notepad onto here for critique , especially as you have plenty of time if you start now (this will take 2 to 3 months from start to finish)

and complain to your MA or whover organises this contract that residents vehicles should be on a "whitelist" as the aim is to deter non-residents and non-visitors, not target a resident`s vehicle in this manner , no matter where it was parked

if you have a permit , you demand a space and use it , reporting any "trespassers" to your space

J4321

Thank you very much for the advice.


You're right, I will complain to whoever organises the contract too. A parking list would be very good idea.


Many thanks again.

Fruitcake

What does your lease/tenancy agreement say about parking. This is the most important weapon in your arsenal. Parking companies cannot add on rules that don't exist in your original agreement.

Start with the BPA template in blue as advised around day 25, but please let us know what your lease/AST says.

J4321

Sorry, didn't see your message.

My tenancy agreement only mentions that (if applicable) the parking space is defined as "the Premises" and nothing else. No mention of any other rules regarding parking or UKPC.

Coupon-mad

I wonder if anyone could just advise me whether I should appeal after 25/26 days and go via POPLA?

Yes, do that as registered keeper and ignore any letter asking who was driving.

J4321

Hi everyone,

Once again thanks for your advice before.

I received my reply letter from UKPF today. They have sent me a Notice to Keeper (which says I now owe £100) and a letter asking me to say who the driver was and that I can pay just £60. They say I won't be given a POPLA number until 14 days, should I not reply to their current letter.
Of course they also have the threat that UKPC regularly take motorists to court who ignore their PCNs.

So I assume I just ignore this letter, receive the next and then appeal to POPLA?
Should I lose the POPLA appeal, UKPC would still only be looking for £100 off me right?

Thanks for your help

Fruitcake

J4321 wrote: »

Hi everyone,

Once again thanks for your advice before.

I received my reply letter from UKPF today. They have sent me a Notice to Keeper (which says I now owe £100) and a letter asking me to say who the driver was and that I can pay just £60. They say I won't be given a POPLA number until 14 days, should I not reply to their current letter.
Of course they also have the threat that UKPC regularly take motorists to court who ignore their PCNs.

So I assume I just ignore this letter, receive the next and then appeal to POPLA?
Should I lose the POPLA appeal, UKPC would still only be looking for £100 off me right?

Thanks for your help

Yes.

If you do this properly, and with our help, you will not lose at PoPLA.

You should also complain to your MP and also Andrew Jones MP who is supposed to be looking into private parking scams. Make sure they both know that your tenancy/lease says you can park without hindrance and that a third party, UKPC, cannot add on terms and conditions to your existing agreement, lease/AST.

Lease trumps scammers Ts and Cs will be one of your main appeal points. Loo at Jopson vs Homeguard on the Parking Prankster's blogspot for information about this case, and others.

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

Have you complained to your landlord about this.

J4321

OK, I will complain to my MP and Andrew Jones.

My tenancy agreement only mentions that (if applicable) the parking space is defined as "the Premises" and nothing else. No mention of any other rules regarding parking or UKPC. Is that enough to argue that UKPC cannot add on terms?

The car was parked up on the path in the car park outside my flat. There were no double yellow lines, there was easily enough space to cars to pass and space for people to walk on the path.

Looking at the nearest sign the segment that they are quoting at me is in small writing. Definitely not readable whilst drive and in fact the image of the sign doesn't have the focus to even make it out particularly well..

I haven't spoken to my tenancy agency or landlord yet. Should I ask them who actually owns the car park?