Owner/Driver left site - UKPC

SCUD

Hi all and thank you for your support here.

I will tell you my story without revealing too much details based on top contributors advice here after I read a lot of posts. But I just want to be sure that I am doing the right thing.

My car got a Parking Charge Notice on the car windscreen after the driver was visiting a place with a parking controlled by UKPC.

The notice said: Vehicle owner/driver left site.

The driver went there on that day to purchase something, however, after the driver parked the car, the driver thought of checking something out in a shop near by, outside that area which is controlled by UKPC.

The driver returned to the car and found the notice on the windscreen. Went and bought the item came for and left the place.

Now and based on the NEWBIES thread:

I, as the owner, will file an appeal on the UKPC website on or around the day 26 from the notice issue date.

The appeal will be this [taken from the sticky thread] without any edit from my side:

Re PCN number:

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.

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,

Questions:
1) PCN Number [in red] in the quote above, do I replace it with charge reference number?
2) After Yours Faithfully, I add the name and the postal address of the owner of the car, not the driver's, right?
3) On the UKPC website there is an option to view photographs but I need to enter
Parking Charge Reference Number and Vehicle Registration Mark
Shall I do it? or it will trigger something in their system especially we are not near the day 26 to appeal?
4) Am I going to need at a later stage to prove that the driver purchased something from the place controlled by UKPC in order to have that charge cancelled?
Any advice is highly appreciated and I will keep updating this thread until this matter settles, so others can benefit from it in the future.

Coupon-mad

I will file an appeal on the UKPC website on or around the day 26 from the notice issue date.

No, YOU won't, you are the driver and the driver does not send the appeal.

The registered keeper does, unless this is a lease/company car, in which case read the section all about that, and appeal as hirer/lessee.

NEVER the driver.

After Yours Faithfully, I add the name and the postal address of the owner of the car, not myself's, right?

Yes, the registered keeper.

The_Deep

It would be very difficult for a PPC to win a leaving site claim in court.
The last time a PPC tried their solicitor was threatened with imprisonment.

http://www.davidmarq.com/bama/VCS%20v%20Ibottson.pdf

A judge may well consider such a term in a consumer contract as unreasonable, and an MP has stated in the House of Commons that such a condition may breach one's human rights.

Consider this, it is a windy day, it is a windy day, you get out of the car, and the eind blows your brand new £300 Monte Christo over the road, do you not run after it? Of course you do.

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 House of Commons recently

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

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

SCUD

Thank you guys for your replies.

Any thoughts about this:

3) On the UKPC website there is an option to view photographs but I need to enter
Parking Charge Reference Number and Vehicle Registration Mark
Shall I do it? or it will trigger something in their system especially we are not near the day 26 to appeal?
4) Am I going to need at a later stage to prove that the driver purchased something from the place controlled by UKPC in order to have that charge cancelled?

And in general do you advise to write a different appeal letter instead of that? Since the driver bought something from there on the visit. I mean we reason with them instead of going to Popla or escalate things. What do you think?

The_Deep

UKPC do not do reason, read this

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

Mr Davey is a Barrister, they are scammers

https://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

Fruitcake

Viewing the UKPC website will not trigger anything.

Are you happy for The Driver to appeal this, or do you want to follow forum advice so that The Keeper, who has protections in law that The Driver does not, appeals this?

This thread is littered with information about the driver's identity.

Coupon-mad

I always always view and USE the photos on UKPC's website, as they are nice and blurry!

KeithP

As Fruitcake says:

Fruitcake wrote: »

This thread is littered with information about the driver's identity.

SCUD, let me help you further.

You most recent post on this thread would be better looking something like:

Thank you guys for your replies.

Any thoughts about this:

3) On the UKPC website there is an option to view photographs but I need to enter
Parking Charge Reference Number and Vehicle Registration Mark
Shall I do it? or it will trigger something in their system especially we are not near the day 26 to appeal?
4) Am I going to need at a later stage to prove that the driver purchased something from the place controlled by UKPC in order to have that charge cancelled?

And in general do you advise to write a different appeal letter instead of that? Since the driver bought something from there on the visit. I mean we reason with them instead of going to Popla or escalate things. What do you think?

I hope you can spot the subtle differences and can replicate them in your earlier post.

SCUD

Fruitcake wrote: »

Viewing the UKPC website will not trigger anything.

Are you happy for The Driver to appeal this, or do you want to follow forum advice so that The Keeper, who has protections in law that The Driver does not, appeals this?

This thread is littered with information about the driver's identity.

I got it. I will follow the advice here.

KeithP wrote: »

As Fruitcake says:
SCUD, let me help you further.

You most recent post on this thread would be better looking something like:

Thank you guys for your replies.

Any thoughts about this:

3) On the UKPC website there is an option to view photographs but I need to enter
Parking Charge Reference Number and Vehicle Registration Mark
Shall I do it? or it will trigger something in their system especially we are not near the day 26 to appeal?
4) Am I going to need at a later stage to prove that the driver purchased something from the place controlled by UKPC in order to have that charge cancelled?

And in general do you advise to write a different appeal letter instead of that? Since the driver bought something from there on the visit. I mean we reason with them instead of going to Popla or escalate things. What do you think?

I hope you can spot the subtle differences and can replicate them in your earlier post.

done..thank you

Fruitcake

The driver's identity has been revealed in post 1. You need to check all your posts and correct them.

getmore4less

And in quoted posts that have now been changed