UKPC Mcdonalds Overstayed parking

jyaseen786

Hi all,


I am a new member to the forum and want to thank everyone's input and advice in advance. I have been reading many of the threads, and also Newbies section. I think this forum and members are great in its support that is given victims of these money thieving cowboys. So let me share with you my ongoing story so far...


I received a postal parking charge notice (PCN) from UKPC, dated 21st August 2018 (actually arrived 25th August!) for a ransom- sorry i mean bill of £100 as my car had overstayed the prescribed parking at Mcdonalds on 31/07/2018. Prescribed parking is 1h30, but my vehicle has been picked up by ANPR camera (pictures supplied with PCN) entering and leaving the facility 1h48mins apart. I HAVE NOT BEEN ABLE TO ESTABLISH WHO THE DRIVER IS. UKPC have written to me explaining that they have not been able to establish who the driver is and have asked me to provide them with information for the driver.


So what steps have i taken.


1. I read the newbie section.
2. I read the newbie section again.
3. I read the newbie section once again and then read parkingfine-appeals.co.uk
4. I complained to Mcdonalds- repeatedly for this hassling. They pretty much don't care.
5. I noted that the date for their invoice is 21 days since the event took place. Noting that in accordance with POFA 2012, the registered keeper is not liable for the fees associated to the driver. I'm not in a position to stitch up the driver, so have decided to appeal and use the formatted letter below.
5.a I haven't been able to see a "missing section" on the letter (both sides), but i haven't also seen any reference to POFA 2012 or Keeper liability on either page. If someone could give me an example of how it would look, i would very much appreciate it. There is a slight space on the main page, which i suppose i could take a pic and share on here perhaps to see what you guys think.
6. I also noted that the overstayed time is 18 mins, i know i have read on the forum a few times that there is a grace period for arriving and leaving. I feel like this incident is somewhat related to this but was hoping someone could explain it to me in more layman terms.
7. The ANPR camera and pictures has only picked up the vehicle entering and leaving the premises, no pictures of the vehicle actually parked. Given that there is an overstay of 18mins, i think its very probable that the driver could have experienced issues in terms of finding a parking space, and then leaving the premises.


With these points, and support from this forum i drafted the letter below and sent it across to appeal on UKPC website, print screening the pages also. I found it very distasteful that they have a feature on the page that reverts the "who are you" drop down box to "driver" by default, despite putting in clearly "keeper of the vehicle". Shocking really. Anyhow, i sent the following letter.




Re PCN number: xxx

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.




As your Notice to Keeper has not been delivered within the strict timescales required by the Protection of Freedoms Act 2012, there can be no keeper liability and you must therefore take the matter up directly with the driver who, as mentioned will not be identified. Your only realistic option is to cancel.



Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.

Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).

I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Formal note:

Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.

Yours faithfully,

UKPC, have now sent me a letter once again confirming receipt of my appeal and explaining that they are unaware of who the driver is and have asked me to provide this information, informing me that i have up to 14 days to reply from date of their letter. They have quite cheekily sent this letter dated 7th September, despite the letter arriving on the 13th September. I mean seriously what delivery system are they using?? I feel like this is fraudulent behaviour on their half, complete sham. I have not replied to this letter yet, but don't believe i should, given that i have already addressed everything in the initial appeal.


Apologies for the long winded thread. But I hope i have covered everything and not left anything out, its very easy to miss some information and let people get carried away with misleading info.


Should you guys have any advise, please give some input, i would be really grateful and appreciative.


thank you all!

KeithP

Ignore their request for driver details and wait patiently for your PoPLA code.

jyaseen786

Thanks Keith