UKCPS Ticket Validity

Sware1

Morning all,


I have read through a lot of the threads and cant really work out what I need to do.


UKCPS issued a ticket for "Without a valid permit/ticket or authority"


What I am trying to understand is what exactly the 'authority' part of that means? The car was parked in a business park with no yellow lines but it does have signage. My car was displaying a valid permit but was parked on the street not in a bay. Does the 'authority' part of this mean parking on the street? Or have they got this wrong and therefore invalidating the ticket?


They only observed the car for 13 minutes, is there any recourse there?


The vehicle was not parked in a dangerous or obstructing position and costed the landowner nothing in loss of earnings nor in unpaid tickets (no charges on the site). The ticket is for £100 and it is a parking charge notice.


I have received a letter after ignoring the initial ticket asking for payment. I was going to use the appeals process (letter template from this site) outlining the above points as making the charge invalid.


Any additional help or statements I should look to make?


Thanks in advance

Umkomaas

I wouldn't spend any time trying to decipher specific words like 'authority'. Their tickets are generic, using catch-all statements to use at a variety of sites wherever they rock up.

The ticket needs fighting and the NEWBIES FAQ sticky, post #1 for now, guides you through the process. When you say this

I have received a letter after ignoring the initial ticket asking for payment. I was going to use the appeals process (letter template from this site) outlining the above points as making the charge invalid.

... did you mean the one from the NEWBIES sticky or the one from the overall MSE advisory note on fighting parking charges? If it's the latter, forget it. It's old, doesn't reflect modern thinking on fighting these charges, and hands the driver to the PPC on a plate.

But you do realise that whatever you say to UKCPS in your appeal, they will reject it. This isn't a 'fair' industry you are dealing with. Rejection is all but guaranteed.

As a member of the IPC their second stage appeal service is also designed to favour the PPC - so we don't recommend appealing there either, you just won't win.

It's in for the long haul on this, ultimately needing a judge to determine whether the charge is payable or not. We can help with a defence (if they issue court papers) and we win in 99% of cases. UKCPS have 6 years to pursue through the small claims court.

Have you asked the landowner to intervene and get this cancelled - it's your best bet to get this killed off?

Sware1

Thanks for the information. Yes I was referring to the generic letter which I have tailored. I have also used pertinent points from the sticky post. I assumed that it would be rejected. Once they reject it should I appeal through the regulator as well? even though, as you say, it will also most likely be rejected. I have tried to find details of the landowner and also asked that UKCPS provide their details. I will then look to go through that process.

Umkomaas

If you want to flash up your draft we'll look it over. Often when adding/changing things, some posters succeed at the first step in blowing off a few of their toes.

Sware1

That would be perfect, thanks. Please see draft below:




Dear Sir or Madam,

Invoice number:
Vehicle registration number:

You issued me with a parking charge notice on 10/4/17 at 1121am on Bristol Business Park, but I believe it was unfairly issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reasons:

My vehicle displays a permanently fixed, valid permit at all times. Proof of issue can be obtained via a log kept within my place of work which details name, date of issue and vehicle details. Please note that the valid permit is affixed to the dashboard due to the requirement to visit MOD establishments.

The parking area in question has no yellow lines, nor does it have any adjacent lines marked at intervals down the roads. The signage is so small and fails the test of ‘large lettering’ or prominence, that only now have I seen and noticed it. At the time of observing these signs, I have noted that 2 signs near the location in question were obscured by trees and/or bushes.

I note that the invoice was issued at 1121am and was observed from 1108am. This period of time is not what can be reasonable assumed as acceptable to observe a vehicle. This vehicle is often used to move heavy equipment from and to multiple buildings on the business park and therefore, could require, on occasion to park close to a building to avoid potential for injury. 13 minutes of observation does not therefore constitute a valid amount of time to witness an alleged offence.

The vehicle has never been parked in a location which could be considered dangerous or obstructing or in a position that could cause the landowner loss of earnings. I therefore see the fine as disproportionate and invalid.

Paragraph reflecting a personal circumstance that warrants the appeal process to continue (prefer not to post this online)

Additional questions:

• Who is the party that contracted with your company and are they the landowner?
• Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver
• Please provide all photographs taken of this vehicle
• Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines
• Is your charge based on damages for breach of contract? Answer yes or no

Should you have obtained the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter. I have kept a record of this appeal submission and look forward to your reply.

Yours faithfully,

Umkomaas

You issued [STRIKE]me[/STRIKE] the above vehicle with a parking charge notice

[STRIKE]My[/STRIKE] The vehicle displays a permanently fixed,

The signage is so small and fails the test of ‘large lettering’ or prominence, [STRIKE]that only now have I seen and noticed it[/STRIKE]. At the time of observing these signs, [STRIKE]I have noted that[/STRIKE] 2 [STRIKE]signs[/STRIKE] near the location in question were obscured by trees and/or bushes.

[STRIKE]I note that [/STRIKE]The invoice was issued at 1121am and was observed from 1108am.

It's best to remove as many 'first person' statements as possible, to avoid them having any excuse to perceive inferences.

[STRIKE]I therefore see[/STRIKE] The [STRIKE]fine as[/STRIKE] charge is therefore disproportionate and invalid.

Shaky ground post-Beavis, but no damage done by leaving it in at this stage.

Paragraph reflecting a personal circumstance that warrants the appeal process to continue (prefer not to post this online)

Fair enough, but just be careful with any first person statements (although, as this will be a more personal paragraph, they might be hard to avoid) which might identify the driver.

HTH