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UKPC Ashton Moss

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Hi I'm new on here but I really need some advice on a parking ticket.
My wife and I had a rare day together so we decided to do some shopping and go for dinner at Frankie and Bennies at Ashton moss. I do not have a car; I drive a van, owned by my company, of which I am a director. After the meal, I went back to my van to find a parking ticket. My crime, driving a van not a car. There were signs up but I have never known a car park not to allow a van to park on it before. Only after getting the ticket did I actually read the sign, which says "No trade vehicles"
I was absolutely discussed and was adamant that I wasn't paying it and I was just going to ignore the letters, however, to be honest I've started panicking a bit now with the letters threatening court action etc. I read through the appeals advice on here and it says to appear ASAP if it’s a company vehicle and I didn’t, I'm on my second letter now, and the fine is up to £90.
I have to say it is not the money; it is the principal of the thing. They should really advertise the fact that if it is a van you drive you are not welcome.
Advice please :)
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    just send the BPA blue text appeal in for now, as keeper
  • Coupon-mad
    Coupon-mad Posts: 151,700 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 June 2017 at 5:43PM
    I wouldn't panic about UKPC, considered by many here, to be scumbag ex-clampers extraordinaire:

    http://forums.pepipoo.com/index.php?showtopic=63597

    http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

    If the sign is so vague that it merely says: "No trade vehicles" then there are two things that jump out at me straight away that means they haven't got a cause of action in contract law:

    1) If they are saying yours is a 'trade vehicle' then they have not offered you any licence to park, they've actually prohibited parking. So, the best that could be claimed would be a nominal sum (£1 maybe) for trespass - which is something only a landowner can claim, under tort. Not going to happen, and UKPC are not the landowners, so they can't claim under tort.

    2) The fact is, this wasn't a 'trade vehicle', it was your own vehicle which happens to be a van, and you were a patron of the retail park on a personal shopping trip. Nothing to do with 'trade'. Where an allegedly contractual term is ambiguous (which 'trade vehicle' is, especially the way they've applied the term), it MUST be interpreted in law in the way that most favours the consumer (you).

    The only reason the advice says to appeal a company vehicle case early, is if the appellant is not the owner (e.g. company cars used by employees). In your case, you are the owner anyway so it doesn't matter, you are in the driving seat - excuse the pun, and don't tell UKPC who was driving!

    I would send a complaint email to the site managing agents - Google the place, to find who runs it and get them to cancel the PCN issued by their rogue contractor. And send the usual appeal to UKPC, even though it's late (so what?!).
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    mdawes62 wrote: »
    Hi I'm new on here but I really need some advice on a parking ticket.
    My wife and I had a rare day together so we decided to do some shopping and go for dinner at Frankie and Bennies at Ashton moss. I do not have a car; I drive a van, owned by my company, of which I am a director. After the meal, I went back to my van to find a parking ticket. My crime, driving a van not a car. There were signs up but I have never known a car park not to allow a van to park on it before. Only after getting the ticket did I actually read the sign, which says "No trade vehicles"
    I was absolutely discussed and was adamant that I wasn't paying it and I was just going to ignore the letters, however, to be honest I've started panicking a bit now with the letters threatening court action etc. I read through the appeals advice on here and it says to appear ASAP if it’s a company vehicle and I didn’t, I'm on my second letter now, and the fine is up to £90.
    I have to say it is not the money; it is the principal of the thing. They should really advertise the fact that if it is a van you drive you are not welcome.
    Advice please :)

    Is your van marked or is it a plain white van.

    What has Frankie and Bennies said about this, is it their car park or general retail
  • It is an unmarked transit custom. I have not contacted Frankie and Bennies or the retail park managment, but I will if I can find an email address. The car park is just a general car park for many food places and other entertainment places.
  • Thank you very much.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    beamerguy wrote: »

    What has Frankie and Bennies said about this, is it their car park or general retail

    its a large retail park, nothing to do with frankie and bennys , there is a bowling alley , several food outlets , a cinema , pubs and various other retailers onsite

    if any complaints are made then it goes to the MA or landholder , frankies wont help

    this same site has featured on here a few times already
  • Coupon-mad
    Coupon-mad Posts: 151,700 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Found this, just by putting 'Ashton Moss' into the forum search facility using: 'search this board>show posts':

    https://forums.moneysavingexpert.com/discussion/comment/70518738#Comment_70518738

    Or Google 'Ashton Moss' and read articles/adverts about the place, that will give you an email address.
    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
  • Hi
    Just thought I would post an update on my parking fine situation.
    I wrote to the management on site at Ashton Moss explaining that I was only there as a customer of the retail park, spending money at one of their places and also to UKPC with the pre writen letters available and I am pleased to say that the fine was cancelled. Result, although I am still distusted at the underhand tactics of both parties.
    I won't be going to Ashton Moss again and I tell everyone about this which I'm sure will put them off from going there also.

    Thank you for your help.
  • Umkomaas
    Umkomaas Posts: 43,351 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Good result, well done on making a successful complaint.
    I won't be going to Ashton Moss again and I tell everyone about this which I'm sure will put them off from going there also.
    Use social media - do they have a Facebook or Twitter account? - jump in on these. What about TripAdvisor?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • According to this .. http://www.ukcarparks.info/ashton-moss-car-park-ashton-moss#sthash.BnggXNxL.dpbs it's owned by Transport for Greater Manchester if it's the same place. The name rang a bell, I've never been but I've been asked to attend something there in September. Knowing it's infested by UKPC, I shall be on my guard.......
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