UK Parking Control Ltd fine - can I appeal?

Hannah4518

Please can someone help me? I read the sticky thread and still not sure what to do.


The driver parked in an empty private retail car park at night with the sign "No unauthorised parking" and didn't realise this also applied after shop closing hours.

The driver got a windscreen ticket from UK Parking Control Ltd, and I've googled and they are a BPA member.


Is there any chance of appealing or should they just pay quickly within 14 days?


If the driver does appeal, do they wait for their letter in the post first or do they just wait 25 days (as mentioned in the sticky thread) and write them a letter using the template? Or is the appeal done with BPA online?




Sorry if this info was in the sticky thread, I read it all and still confused what to do. If someone could please give me some tips I would appreciate it a lot.

Fruitcake

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.
The Keeper has protections in law that The Driver does not.

Do this before you do anything else.

Next, appeal to the scammers using the blue template appeal from the NEWBIES exactly as it tells you to do. Wait 26 days before you appeal as you got a NTD.

If/when it is rejected then you make a PoPLA appeal as per post 3 of the NEWQBIES.
Get your own pics of the signs, which appear to be forbidding and therefore in your favour.

You need to spend more time reading the NEWBIES as this is all explained there.

Don't forget to complain to your MP about this unregulated scam.

Hannah4518

Thanks Fruitcake.


Can you please help to explain why the forbidden parking sign is in the driver's favour? I thought that goes against the driver because it says clearly not to park But there was no mention of the charge or if there was it was in tiny font.


You mention an NTD - is that just the parking fine notice on the windscreen? I'm confused between NTD and NTK which I thought would come in the post.




I will use the below blue template wording on day 26:




Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

KeithP

Hannah4518 wrote: »

If the driver does appeal...

It is most important that it is the keeper that appeals along the lines suggested by Fruitcake.

Fruitcake

Forbidding signs mean there is no offer of parking therefore no contract can be formed.

Common acronyms are explained in post 5 of the NEWBIES. I did say you need to spend more time reading the NEWBIES. Print off or write out the acronyms for reference.

The_Deep

Is there any chance of appealing or should they just pay quickly within 14 days?

Pay UKPC, are you nuts, read this

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

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. It has cleared Parliament and hopefully, this will become law shortly.

Le_Kirk

You mention an NTD - is that just the parking fine notice on the windscreen? I'm confused between NTD and NTK which I thought would come in the post.

NTD = Windscreen Ticket, Notice to Driver
NTK = Posted, Notice to Keeper

Coupon-mad

I will use the below blue template wording on day 26:

Good, no more advice needed until POPLA stage, then.

PLEASE do not come back and ask us about UKPC asking who was driving!

I cannot begin to tell you how annoying it is to have people on endless UKPC threads, week after week, actually coming to post that email and asking: 'do I reply?' when the entire point of appealing on day 26 as 'keeper' s NOT to say who was driving, and to await your POPLA code.

Hannah4518

Fruitcake wrote: »

Forbidding signs mean there is no offer of parking therefore no contract can be formed.

Thank you, that makes sense!

Le_Kirk wrote: »

NTD = Windscreen Ticket, Notice to Driver
NTK = Posted, Notice to Keeper

Thanks so much for explaining

Coupon-mad wrote: »

Good, no more advice needed until POPLA stage, then.

PLEASE do not come back and ask us about UKPC asking who was driving!

I cannot begin to tell you how annoying it is to have people on endless UKPC threads, week after week, actually coming to post that email and asking: 'do I reply?' when the entire point of appealing on day 26 as 'keeper' s NOT to say who was driving, and to await your POPLA code.

Sorry for the annoying thread and thanks for your tips, I definitely won't reply to say who the driver is.