Ukpc - pcn - help please

IKFit

Firstly i would like to apologise if i have created this thread if there is one already that answers my questions.

I'm a complete noob and haven't ever used a forum before, in fact, I had to google how to "post a thread"... Now to the query at hand if any could help/advise I'd be really grateful.

So today the driver went to Merry Hill shopping centre (large intu retail outlet) they were with an elderley lady and the car park was literally full with not a single space anywhere, they parked behind a row of vehicles which were parked along a kerb next to parking bays. The ground at the time was still covered in snow and dirty ice, they looked to see if there were any red lines or road markings to indicate parking wasn't allowed. There wasn't any, after seeing this along with the many other cars parked they assumed it was safe & It had just started to trickle rain at the time.

They then came back to the car an hour or so later & noticed the dreaded PCN on the windscreen to their shock, the offence was listed as "Not parked correctly within marking of the bay or space".

There was a parking sign near the car which was several feet up in the air that wasn't really visible due to being covered with snow at the time, it had rained since and the sign was now visible however they'd argue that the writing is still difficult to see with it being in small font and so high up and the sign still being a bit murky.

After logging onto the UKPC website to view the evidence they have pictures of the car parked as stated and with the sign showing in view also. Now if the driver is in the wrong they would normally hold hands up and pay any fines but they do feel very hard done by here, its a £90 fine or £50 reduced if paid within 14 days, but they genuinely didn't see any signs due to the weather and they did check to see if there were any road marking before they parked. I feel this is a mitigating circumstance if there ever was one and it was really the one safe and convenient place to park where the elderley passenger could get into the shopping centre without having to walk a considerable distance in the rain if they were to look for another parking spot outside the retail park.

They haven't filed an appeal, i just wanted to see if anybody could give me any advice as to what they should do and if there's any realistic chance of success in overturning this fine

Again i apologise if i have recreated a thread..

Redx

as this was a windscreen ticket, send them the blue text appeal in 26 days

the blue text appeal is in the NEWBIES sticky thread near the top of this forum

please read it thoroughly

appeal as KEEPER, do not tell them who was driving, nor anyone else

IKFit

Thanks for the reply..

But...

If i send in 26 days won't i lose the option of the £50 reduced penalty and be liable for the £90 full fine?

Should i appeal and explain the mitigating circumstances within the 14 days?

Fruitcake

Do as advised by Redx, but first edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people.
Parking scammers read these fora.

IKFit

thank you... will edit now..

Fruitcake

IKFit wrote: »

Thanks for the reply..

But...

If i send in 26 days won't i lose the option of the £50 reduced penalty and be liable for the £90 full fine?

Should i appeal and explain the mitigating circumstances within the 14 days?

It is not a fine or a penalty.

The mugs discount is for mugs. You want the 100% MSE discount.

You have asked for advice and have been given the best there is on the internet, for free. I suggest you use it rather than reinvent the wheel. The NEWBIES explains why you should wait until day 26.

IKFit

RedX is this the blue text appeal you we're referring too?

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,

KeithP

How many 'blue text appeal is in the NEWBIES sticky thread' did you find?

As advised by Redx, do not sent it until day twenty-six.

IKFit

Lol i did say im a complete NOOB.

So if i send that on day 26, what are they most likely to come back with? are they likely to drag it out further and take me to court etc, or is it a high probability that they see that response and drop it?

Thanks

KeithP

They cannot go to the DVLA for keeper details until day 28.
By sending your appeal close to that date, you are hoping to distract the PPC such that they forget to get keeper details and instead process your appeal.

You can expect them to reject your initial appeal, but if they do not obtain keeper details in the right timescale then you will win this easily at PoPLA appeal stage.

IKFit

What is the time scale they have to get driver details after the 28 days have passed?