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Left site - made appeal, probably wrong first move. Way back?

Hi,
!
I'd be grateful if anyone has an informed opinion on this one please?
!
A familiar topic: parked up and left site. Within <15 minutes it seems a ticket was issued (TIME FIRST SEEN 9:26 ISSUE TIME 9:39). Looks like there are cameras all over the site!
!
I've read the threads saying what I should have done... unfortunately it wasn’t until I had gone to!parking company's website and entered what i thought was a legit appeal, to then be turned down flatly, that I started looking into all this properly. Seems I shouldn't have done the initial appeal, or given my details at this stage. I've also read the templates on how I should have responded. If only I’d been more sceptical to start with!
!
So: I have said I was the driver. They have my name / address etc. My initial appeal was basically that there were no photo's showing anyone leaving the site, just the car, so the evidence doesn't bear any relation to the stated "breach"; and in any case, there is no boundary or sign that says "you are leaving the site" as such - along the lines of, define "site". That was Monday.
!
Now Wednesday, I’ve!received the email which is pasted below. Is there any realistic route out of this one?!
!
The other thing to mention is!that I do happen to!be in possession!a receipt from a retailer on the site, which related to a purchase within the two hour time limit. It may or may not have been my receipt....!Could submitting that lead to a serious worsening of the situation in the long run, or could it be the silver bullet?
!
!
"Thank you for your recent correspondence in relation to the above Parking Charge.
!
We ensure that signage containing the terms and conditions of parking is ample, clear, visible and in line with the
!
British Parking Association’s Code of Practice to ensure the driver is bound by them when they enter and remain on
!
site, so that all users of the car park are obliged to follow these terms and conditions of parking. It is settled law
!
that a driver is deemed to have accepted the terms and conditions of parking by the act of parking in the car park.
!
In order to make a final decision regarding your appeal, please can you provide evidence to show you were using
!
the facilities on site to our Appeals Department within 14 days of the date of this 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 at ---.ukpca--eals.-o.-k.
!
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 £60.00."
!

Comments

  • strugglong
    !
    to
    !
    read
    !
    that


    who is the parking company involved , please ensure you have the correct initials , if necessary state the address
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My initial appeal was basically that there were no photo's showing anyone leaving the site, just the car, so the evidence doesn't bear any relation to the stated "breach"; and in any case, there is no boundary or sign that says "you are leaving the site" as such - along the lines of, define "site".

    Sounds OK as an appeal in fact. UKPC can never prove who was/wasn't on site and would struggle if ever this went to a small claim. It is a shame the keeper didn't make the appeal without saying who was driving but too late now.

    I would include that receipt in a POPLA appeal which first of all repeats what you said in your first appeal, embeds a scan of that receipt (just vaguely call it a receipt from a retailer that day).

    then add the usual templates from the NEWBIES thread opost #3:

    - unclear signs
    - no landowner authority
    - and find one distinguishing this case from the Beavis case (look at some recent POPLA appeals for that paragraph).

    Make the POPLA appeal LONG, it is deliberate. It is then submitted under 'OTHER' on the awful POPLA website, uploaded as a PDF. Show us the entire draft first, though.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I'm really sorry I have no idea why when I posted it produced lots of "!" on each line!
  • Thanks, Coupon-mad. So just to clarify the plan - I don't respond to the email at this stage. It sounds as if UKPC wait 14 days to see if I submit evidence. If not they come to a decision and may provide a POPLA verification code. At that point I go to the POPLA website and, using the code, submit an appeal along the lines discussed (which I will share first). Is that correct? At the moment the 'charge' is £60, will I have the opportunity to run through the appeal and still pay that if turned down or does it revert to the £100?
  • will I have the opportunity to run through the appeal and win and pay nothing


    yes!
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It remains at £100. Do not see £60 as an 'opportunity'! We prefer zero.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    If you can't supply the evidence they want, I would reply along the lines of it's their job to prove that all occupants of the vehicle left site, not yours, and please provide this now as you will definitely require this for any future court case and suggest to them that they Google "Ibbotson Wilkes Mcilwaine VCS" before wasting any more time or money on this fruitless pursuit.
This discussion has been closed.
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