UKPC Parking Charge Issued Office Car Park

KeithP

IP1103 wrote: »

would you advise to then just 'appeal' on the both grounds, I.e. first one was wrong on teh basis of incorrect VRN and second one doesn't comply or should I wait on POPLA code first then attack.

As in post #38...

nosferatu1001 wrote: »

You appeal
Require them to provide a POPLA code, and an explanation of the incorrect VRM, and that they admit they cannot hold the Hirer / Lessee liable as they have a) provided incorrect details and b) have not provided the required enclosures under POFA2012 Schedule 4 para 13 and 14.

There are sample hirer/lessee appeal texts towards the bottom of post #1 of the NEWBIES FAQ sticky thread.

IP1103

Will prepare something post here to make sure I don’t make any rookie mistakes. Thanks to everyone again for their help.

IP1103

Hi Guys,

As per the advice here, I have prepared the following appeal after receiving NTH utilising the previous drafts prepared and posted on the Newbie thread.

any comments would be most welcome.

Dear Sir,

Parking Charge Notice XXXXXXXX ‘superceded’ by XXXXXXXX Vehicle Registration XXXXXXX

I refer to the above-detailed Parking Charge Notice(s) (“PCN”) issued to me by UK Parking Control Ltd (“UKPC”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN for the reasons set out below.

Firstly, the PCN attached to the vehicle’s windscreen did not correctly specify the Vehicle in accordance with the requirements of Schedule 4 of POFA. The initial PCN that you have referred to incorrectly noted the Vehicle’s Registration Number as XXXXXXX.

Secondly, you will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why UKPC’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

To summarise your duties:

- you were required to issue the PCN with the relevant vehicle’s details
- You were required to send me the information provided to you in accordance with paragraph 13 of Schedule 4 of POFA within 21 days after receiving them from the lease/hire company.
- Therefore I should have received these documents no later than 19 October 2018.
- As this has not happened, you cannot use POFA to assume keeper liability. I should add, is more than one driver of the vehicle which you placed a PCN on.

In Summary...
- your PCN was incorrectly issued and does not specify the correct Vehicle Details;
- I am not obliged to disclose the identity of the driver and this does not affect my liability in this matter .
- notwithstanding the vehicle’s details, as UKPC has not complied with paragraphs 13 (2) and 14 (2) of POFA 2012, you cannot rely on the provisions of the Act and hold me liable as keeper.
- You will need to pursue this claim with the driver once you identify them.

Further Questions
To begin our discussions, as this is purely a claim under a purported contract, and you have no statutory footing to issue penalties, I wish to make you aware of the following details and require the specific information so that I can assess the validity of your claim:

1. Who is the party that contracted with UKPC for the provision of their services at the site of the alleged to have taken place?
2. What is the full legal identity of the landowner?
3. As you are not the landowner, please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that UKPC have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner .
4. Is your charge based on damages for breach of contract? - Yes or no?
5. If the charge is based on damages for breach of contract, please provide justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? - Yes or no?
7. If the charge is based on a contractually agreed sum for the provision of parking please, provide a valid VAT invoice as you make no mention on VAT in any correspondence.
8. The signage to the site (from a seated position in the vehicle as it enters the car park is impossible to read and any specific rules regarding stopping on yellow lines being strictly prohibited at any time. Please provide a copy of the sign that purportedly forms the basis of the contract entered into by the driver for my records.
9. what is the explanation for the incorrect Vehicle Registration Number listed on the PCN.

Next Steps
When I receive a full reply to all these questions I will be in a position to be able to furnish you with a full response.

Alternatively, given the summary above it appears that UKPC has forfeited its right to Hirer/Keeper liability please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Coupon-mad

Next Steps
When I receive a full reply to all these questions I will be in a position to be able to furnish you with a full response.

Don't put that bit. The ball is firmly in THEIR court to cancel or give you a POPLA code. The rest is good!

Please no post about the letter/email they always send, begging to know who was driving...spare us a post on that!