UKPC Ashton Moss

mdawes62

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

Redx

just send the BPA blue text appeal in for now, as keeper

Coupon-mad

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?!).

beamerguy

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

mdawes62

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.

mdawes62

Thank you very much.

Redx

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

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.

mdawes62

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

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?

HubertGrumblethorpe

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.......