Parking Fine for allegedly parking and leaving site.

toeknee2

I am beginning the process appealing a parking fine for allegedly parking and leaving the site.

I understand and will use the NEWBIES template - I would like to point out a few things in this case and unsure if I should add them.

The firm in question is UKPC.

1. The receipt with with fine doesn't legibly show the time the vehicle was first seen OR the fine amount OR the parking attendant ID.
2. The sign doesn't not say what is considered the 'site' and it was unclear.

If I were to pay the fine the receipt lists a debit/credit handling fee - I believe this was outlawed in January.

Thanks in advance for your advice!

Fruitcake

It is not a fine.

Appeal as per the template from the NEWNIES. If/when it is rejected, create a PoPLA appeal from the templates in post 3 of the NEWBIES and post it here for checking before you submit it. Do a forum search of other "UKPC leaving site" or "leaving site" threads, setting your search parameters to "search posts".

Leaving site is virtually impossible for the scammers to prove, and have come a cropper trying this in court.
Properly dealt with you will kill this at PoPLA.

Credit card charges are indeed prohibited, but this is a very minor appeal point compared with all the others.

What happened when you complained to the landowner/retail manager?

Please complain to your MP about this unregulated scam.

Umkomaas

1. The receipt with with fine doesn't legibly show the time the vehicle was first seen OR the fine amount OR the parking attendant ID.

Something to pad out your POPLA appeal with, but won't count for anything much.

2. The sign doesn't not say what is considered the 'site' and it was unclear.

Could be important - have you got photos of the signage, including legible close ups of the wording on the signs? If not, get some now!

If I were to pay the fine the receipt lists a debit/credit handling fee - I believe this was outlawed in January.

Won't win your case for you, nothing to do with POPLA. Trading Standards might be interested.

There are numerous UKPC/Leaving the Site threads posted over the past few months. Do a forum search on 'UKPC Leaving Site' to find them and read how they are progressing.

HOW TO USE THE FORUM SEARCH FUNCTION:

Use the Forum Jump button (one near the top and one near bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.

Here is a 'folklore' Leaving the Site court case, which will give you an insight into the issues to consider, but 'mitigation of loss' is, per se, all but dead in the water, although there was nothing to stop the parking goon (other than his bonus) from shouting out to you a warning that he would ticket you if you left!

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

There's never been a 'Leaving the Site' court case since this one!

toeknee2

Thank you so much for your advice and getting back to me so quickly.

I'll keep this updated as I progress.

beamerguy

toeknee2 wrote: »

Thank you so much for your advice and getting back to me so quickly.

I'll keep this updated as I progress.

This is a fairly new wheeze by UKPC so such a claim must
be proved .... right
Maybe they will admit to predator action by following
a person with a camera.

Charging for using a debit/credit card is now illegal but
that won't worry UKPC as they are fraudsters because
they fake pictures

Don't even think about paying them

In your appeal, you need proof of their claim.

Let us know what they say and if they provide proof

toeknee2

Thanks for all the help so far.

Quick question. I see that you are advised to start the appeal around the 25th day.

If I have appealed already will that significantly affect the outcome?

Edit---

I have read the reason you appeal on the 25th days. Just want to know the significance!

Redx

the significance is only there in the hope that a PPC will forget to issue the postal NTK to the keeper between day 29 and day 56 , which fails POFA2012 , PROVIDING that a windscreen ticket was issued on the day

it also helps to string it out a bit

if they do not cancel the pcn and issue a popla code, providing the driver has not been outed then pofa2012 can help to protect the keeper in a popla appeal (or court case)

The_Deep

Leaving site is a silly madeup scam which has been declared a breach of one's human rights by some MPs. What happens if you drop a £50 note and the wind blows it away, do you not try to retrieve it?

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

toeknee2

Ok! Thanks for clarifying!

toeknee2

Update: They cancelled the fine! - Thanks for everyone's advice.

Just a note for anyone in a similar situation, I submitted the appeal earlier than the forum recommend (by accident) and I was successful.

Umkomaas

toeknee2 wrote: »

Update: They cancelled the fine! - Thanks for everyone's advice.

Just a note for anyone in a similar situation, I submitted the appeal earlier than the forum recommend (by accident) and I was successful.

Excellente! :T

Did you use the template forum appeal as per the NEWBIES FAQ sticky, post #1? Did you add anything further to it? Or something entirely different?

UKPC are on very thin ice with this latest wheeze of theirs. And seem to realise so.