UKPC -Driver Parked in a retail carpark space which thought was a space

dmo84

just out of curiosity, whats the onus on if you dont hear anything back within the "we will respond to the appeal within XX days" if it goes over this could this work against any driver?





"That might work against the OP, because the retail park might not have permission for it to be a parking space ( though gains the benefit of it being used as one ).

If the OP is supposedly in a "contract" with the parking company, and agrees to pay a huge sum for parking not in a bay ; I think the onus should be on the parking company to demonstrate that it was clearly marked to the contrary. See :


Does Google have an aerial / Streetview photo showing a car there ? If there is enough evidence of drivers not being ticketed / warned off ; that might be a breach of the site's planning permission."



Cant see anything on arial view as it looks like image was taken when it was all closed.

dmo84

Anyone?


just out of curiosity, whats the onus on if you dont hear anything back within the "we will respond to the appeal within XX days" if it goes over this could this work against any driver?

Umkomaas

dmo84 wrote: »

Anyone?


just out of curiosity, whats the onus on if you dont hear anything back within the "we will respond to the appeal within XX days" if it goes over this could this work against any driver?

If the response (and POPLA code) is not received by the 35th day, you make a strong complaint to the BPA and DVLA.

But it's not a showstopper!

Loadsofchildren123

does the sign define how the bays are to be marked? You would say the brickwork was such marking. They will say the marking was painted lines. But does the sign say that?

dmo84

Umkomaas wrote: »

If the response (and POPLA code) is not received by the 35th day, you make a strong complaint to the BPA and DVLA.

But it's not a showstopper!

Thanks



and RE the sign:

the driver said the sign states


"UKPC
UK Parking Control
No unauthorised parking
terms of parking apply at all times

this land is private property blah blah

failure to comply with the following at any time will result in a £100 parking charge (reduced to £60 if paid within 14 days) being issued to the vehicle driver

mentions around disability badges

"all vechicals must be in parked only within marked bays" then it has a blue sign with a white car and two lines next to it (if you google image ukpc sign you will see the icon) "

3 hour max stay

in the event that a parking charge remains unpaid, uk parking control ltd may contact the dvla and request the keepers address etc.

dmo84

Hi,

Update:

Driver had a reply to the appeal....

What do they do next? There is no detail in signs about white marked lines, it says designated bays, we believe the driver thought he was in a designated bay due to the markings in the brickwork.




Dear Mr XXXXXXXX
Thank you for your recent correspondence in relation to the above Parking Charge.
We have investigated your appeal based on the information you have submitted and confirm that this Parking Charge was correctly issued because there are sufficient signs at City Link Retail Park warning drivers that there is no parking outside designated bays.
Our Appeals process is now concluded, you may now pick one of the following options:
1. Pay the parking charge detailed above at the reduced rate of £60 to UK Parking Control Ltd. PLEASE REFER OVERLEAF FOR PAYMENT OPTIONS AND ADDRESS DETAILS.
2. Make an appeal to POPLA – Submit an appeal online at www.popla.co.uk within 28 days of the date of this letter using the verification code above. “Alternatively if you do not have internet access, you can send a letter to POPLA, PO Box 1270, Warrington, WA4 9RL within 28 days of the date of this letter using the verification code above.” Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60, and should POPLA’s decision not go in your favour you will be required to pay the full amount of £100. If you opt to pay the parking charge you will be unable to appeal to POPLA. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
3. If you choose to do nothing the parking charge will automatically increase after 35 days from the date of this letter to £100 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £60, in accordance with our terms and conditions of parking, and further charges will be claimed if Court action is taken against you. Any unpaid Court Judgement may adversely affect your credit rating.
PLEASE DO NOT IGNORE THIS LETTER. UKPC REGULARLY TAKES MOTORISTS TO COURT WHO IGNORE THEIR PARKING CHARGES. PLEASE SEE: www.ukparkingcontrol.com/parking-legalities FOR FURTHER INFORMATION.

Quentin

Next up is your POPLA appeal.


See the newbies faq thread for advice on constructing the appeal and post it up here for comments

dmo84

Even though the driver has already identified himself? they wasnt aware of the not appealing up front.


Can you point in the right direction of which POPLA appeal? is it this one?




Template appeal for BPA members - copy this wording into the online appeal box or into an email:




Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, 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. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,






Or is it a second stage popla appeal?

Sorry just want to make sure that is the right one im looking at

or do you do it through the popla website? http://www.popla.co.uk/poplaappealprocess

Quentin

Not that! (Which is a first stage appeal to the PPC)


Read up in the newbies faq thread on POPLA appeals (#3)

dmo84

I am looking at some templates but I really dont see one that caters for their situation, situation


I have found something like this.... but I am not sure if this suites, even after amending...


https://forums.moneysavingexpert.com/discussion/comment/71383972#Comment_71383972