(IAS Appeal Success) - UKCPS. Told I didn't need to move car but ticketed on a later occasion.

DCTFUK

Long story short I have been parking in an parking space between 2 retail units (one is a supermarket and the other is a pound shop). I have always assumed these spaces belonged to the supermarket and not the Pound Store due to there being no signs close to the spaces (despite there being 10 on the other side of an island near the pound store) and the spaces backing directly on to the supermarket.

On one occasion I went back to my car at lunch to get my gym bag out. There was a guy taking pictures of cars in the pound shop car park and he saw me go to move my car (I did it out of instinct). He told me I didn't need to as that row of spaces wasn't part of their car park (as I thought) so I left it and never got a ticket. This was about 6 months ago and all has been fine.

Yesterday though I got a ticket from the company (UKCPS) and another today. The first one I appealed and told them I had been informed on a previous occasion by their inspectors I could park there and also asked them if they could clarify their boundaries. It wasn't until today that I noticed the reason on both was 'Driver observed leaving site'. I know this is a lie because I wasn't at my car at the times printed and there is no way they would have seen me leaving the site at that time . Frustratingly I put myself as the driver on the drop down box as I didn't come here first (I was convinced they were wrong about their parking boundaries but now think they might have extended them)

I have also contacted the pound store to ask if they can clarify where their car park ends but they said they don't know. I find that ridiculous.

Is my best course of action to appeal on the grounds that they can't prove they have seen me leaving the site or that their inspector has told me in the past that it was ok to park there?

Annoyingly I know I am going to get another 2 of these. The other 2 guys who I know park next to me haven't had any tickets. My car is a bit more distinctive than theirs (mine a white ST, theirs a black corsa and a cooper) so I think the inspector has just noticed me parked there and has given a ticket saying I was observed leaving the site (having only visited the site himself once during the day).

Coupon-mad

parking inspector

UKCPS don't have anyone with such a respected title. PPCs are scammers, Parliament said so in 2018 and we agree.

You need to read NEWBIES PLEASE READ THESE FAQS FIRST as no appeal works with IPC firms (search the forum for IPC ignore unless claim).

No paying them, read other UKCPS threads. They rarely try court.

DCTFUK

Thanks for your reply.

I wasn't expecting my appeal to be successful and I have already received a rejection for my appeal on for the Friday ticket (but not the Thursday ticket).

Can I just check that I understand what I have read on the Newbies thread? Even though UKCPS are listed on the BPA site as a member, they are not an approved operator so I can not appeal through the POPLA, only through the IPC which is a waste of time?

I am slightly worried that because I am expecting 3 more tickets (5 total) that they might pursue through court eventually as it will be £500? Should I even bother to appeal the next 3 tickets when the arrive through UKCPS?

One thing I was going to use for my grounds of appeal is that the signage isn't adequate. They have added a new sign since they realised that they own that part of the carpark (I assume they do now). There are 10 signs on one side of the island but only one on the other and this is it:

Had to remove image as I am not allowed to post a link

It is knee height, about 15 m away from where I was parked (next to a lamp post without a parking sign on it) and obscured whenever any cars park in the spaces near it.

Coupon-mad

UKCPS are parasites; they don't own any car parks.

Even though UKCPS are listed on the BPA site as a member, they are not an approved operator so I can not appeal through the POPLA, only through the IPC which is a waste of time?

Yep.

I am slightly worried that because I am expecting 3 more tickets (5 total) that they might pursue through court eventually as it will be £500? Should I even bother to appeal the next 3 tickets when the arrive through UKCPS?

I would, but if they expect you to write snail mail I'd send one letter citing ALL four PCN numbers and stating that:

- you have evidence that the signage is inadequate, and
- they have failed to produce evidence that the driver 'left the site' and
- this is a new restriction of a roadway that was previously not managed and their own operative gave verbal consent for cars to park there and not be ticketed. Whenever this changed, the IPC CoP required UKCPS to add very clear extra signs, so prominent that a reasonable person, being already familiar with the fact they could park there with no caveats, would not fail to see the new terms. UKCPS have failed.

Had to remove image as I am not allowed to post a link

Well no, you just need to break/change the link like all newbies do in all other threads you read where images have been shown.

DCTFUK

Thank you very much. I really appreciate it. This was the sign anywway:

htt ps://i.imgur.com/9Xu4esA.jpg

The lamp post next to where I was parking with no sign on it:

htt ps://imgur.com/DjqZsQA

A wider view of where I was parked from the side of the car park where the store is (this side of the island has 10 conspicuous and well placed signs). I was parked in the spaces to the left of the white van in the distance. You can see the single sign next to the Lorry on the right hand side.

htt ps://imgur.com/F0rfaSQ

Coupon-mad

https://i.imgur.com/9Xu4esA.jpg

https://imgur.com/DjqZsQA

https://imgur.com/F0rfaSQ

Good photos.

Can't read a sign; what a stupid place to put it, almost as if it's deliberate...oh wait!

I think Brown Trout has posted a UKCPS email before.

nigelbb

This is most likely a new/different UKCPS employee trying to improve their bonus.

DCTFUK

Cheers guys, I will look for the e-mail from Brown Trout

DCTFUK

Also just read on the the IPC code of conduct that any entrance sign should:

d) Identify yourself (where you are a limited company. This should be by
reference to your full company name, your company number and the
jurisdiction within which your company is registered).

This is the only entrance sign they have:

htt ps://imgur.com/MaXF0Xx

The_Deep

Nine times out of ten these tickets are scams 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Coupon-mad

https://imgur.com/MaXF0Xx

Hmmm...you'll need to crop that image to remove the sight of other signs in the background.

But it might be worth 4 x IAS appeals for this one, unusually, when you get the appeal rejection letters (be quick as you only have 21 days for each stage).

Never write an IAS appeal like a POPLA one, and avoid templates.

I would be saying at IAS stage:

- there is no evidence that the driver 'left the site'. This is denied.
- there is no map or boundary defining 'the site'.
- there is ambiguity regarding the enforcement area (car park? road?)
- the car was parked on the road, where a UKCPS told the driver to park as the area was, he said, 'not part of the enforced area'.
- there is no IPC compliant entrance sign as it fails to identify the operator (upload your CROPPED image). Then quote this from the IPC CoP about Entrance Signs: ''d) Identify yourself (where you are a limited company. This should be by reference to your full company name, your company number and the jurisdiction within which your company is registered)''.
- there are a lack of signs at the bays and along the roadway.
- these spaces back directly on to the Supermarket and have never been an enforcement area, and are believed to belong to the Supermarket and not the Pound Store, due to there being no signs at all close to the spaces (despite there being 10 on the other side of an island, near the Pound Store).