UKPC Parking fine, car broke down

pinkhair

Hi all.

I recently recieved a parking fine in the post from UKPC in a McDonalds car park for exceeded the maximum parking time. However my car battery died in the car park and we waited a considerable amount of time for someone to come with jump leads to rescue me.

I am planning on appealing this of course, but I dont have any evidence I broke down as I didnt call AA, it was a friend who rescued me. I have receipts of buying something from McDonalds if this help.

So for this reason I am unsure what to put in my appeal as in the template I have it says to provide evidence which I cant really do...

Also is it best to appeal by post or to send an email?

Any help would be great!
Thanks

The_Deep

If the car broke down then you were unable to perform your part of the contract, read this

https://en.wikipedia.org/wiki/Frustration_in_English_law

also read about this scammer's criminal behaviour

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

They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

MistyZ

pinkhair wrote: »

So for this reason I am unsure what to put in my appeal as in the template I have it says to provide evidence which I cant really do...

Also is it best to appeal by post or to send an email?

Are you talking about appealing to UKPC? You just send the blue template from the Newbies' thread as it is, no need for anything else.

Email is best.

Have you complained to McDonalds yet? Try the manager and if they fob you off, find out who the CEO is and complain to them. That is 'complain' as in outline the circumstances without identifying the driver and insist on cancellation.

Half_way

before you complain post it here first, say the wrong things and you can make it harder to resolve the situation in your favour.

was this car park just for mc donalds?

steve1500

Ask McDonalds if they have CCTV of where you broke down & ask for it as should show the two cars connected by jump leads.


If they refuse, demand it under the Data Protection Act, via the Subject Access Route

pinkhair

So I am just using the template as a guide and will obviously insert my references/names etc but as a guide I was thinking something along these lines. Will also try and get some proof from mcdonalds.

Dear Sir or Madam,

Ticket number: [insert ticket number]
Vehicle registration number: [insert vehicle registration number]

You issued me with a parking ticket on 24.04.19 but I believe it was unfairly issued.I will not be paying your demand for payment for the following reason:


There are mitigating circumstances to explain why the vehicle was parked where it was and the charge be waived for this reason. The car battery died in the car park after visiting the McDonald’s for food. I waited a considerable amount of time for a friend to come and meet me with jump leads, which is the reason for exceeding the maximum stay time.
I have attached proof of purchase as evidence that I did purchase from McDonald’s, therefore being the reason I was parked in the car park.



If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,

KeithP

No, do not use that template.
For a start, it gives away the identity of the driver.

Use the template that you will find in [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES thread[/URL].

Coupon-mad

pinkhair wrote: »

So I am just using the template as a guide and will obviously insert my references/names etc but as a guide I was thinking something along these lines. Will also try and get some proof from mcdonalds.

Dear Sir or Madam,

Ticket number: [insert ticket number]
Vehicle registration number: [insert vehicle registration number]

You issued me with a parking ticket on 24.04.19 but I believe it was unfairly issued.I will not be paying your demand for payment for the following reason:


There are mitigating circumstances to explain why the vehicle was parked where it was and the charge be waived for this reason. The car battery died in the car park after visiting the McDonald’s for food. I waited a considerable amount of time for a friend to come and meet me with jump leads, which is the reason for exceeding the maximum stay time.
I have attached proof of purchase as evidence that I did purchase from McDonald’s, therefore being the reason I was parked in the car park.



If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,

No way are people advised to use that TERRIBLE MSE template! IT IS AWFUL.

pinkhair

KeithP wrote: »

No, do not use that template.
For a start, it gives away the identity of the driver.

Use the template that you will find in ...

Do you mean this template?

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.

Yours faithfully,

MistyZ

Yep, that's it. There is only one template in blue text on the Newbies' thread.

And how about the complaint to McDonalds? Very worth doing. As Half-way says, it's a good idea to post it here first for peoples' thoughts.

NeilCr

Surely, you do have evidence that you broke down?.

The friend who came to rescue you is a witness.