UKPC ticket for parking in Keepers friends bay

Rangerblue

Hi all

I read through the sticky on parking tickets and I was not able to understand how I would go about resolving my situation as it is slightly different.

Keepers friend moved into an apartment a month ago and had a bay allocated to him within the apartment area. Keeper of the car was slapped a UKPC ticket on the windscreen who claimed the car was parked without displaying permit. Keepers friend does not drive and was not aware that he needed to display a residence permit at all times whilst at bay.

Keeper believes that this ticket should not be paid. Its been just over 14 days and the keeper of the vehicle has not settled it at reduced fee of 60 upon reading guidance. The full amount is GBP100.

Keepers friend tried contacting landlord but has not heard since.

The parking residential area with a password keyin entrance gate has ukpc signs that state
This land is private property and parking control is managed by UKPC. Failure to comply with at any time will result in a £100 parking charge reduced to £60 if paid within 14 days.
Must be parked within designated bay with a valid parking permit displayed.

Keeper read the dispute template but it seems like it says if there any levy for parking over the specified time. But here the case seems different so keeper is not sure if it is applicable.


Any help much appreciated!

Thanks
Rangerblue

Le_Kirk

In the sticky did it state to just send the template letter that you found written in BLUE text? That is what you do, no changes, additions or deletions.

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. Do this before you do anything else.

Then, send the appeal template in blue from post 1 of the NEWBIES unaltered from he Keeper.

The Keeper should then ask their friend to dig out their lease/AST to see what it says and doesn't say about parking, parking permits, and visitor parking.

Also get photos of the site and signage.

The above information will be needed to make an appeal to PoPLA.


Your case is no different to the vast majority we see here, so follow the tried and tested process.

Also complain to your MP about this unregulated scam.

The_Deep

UKPC are fraudsters, read this

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

Most of these residential "own space" claims fail in court because the resident has primacy of contract via their lease/AST. Read this

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

What does your friend's AST say about parking the need for a permit, it may well give him primacy of contract over a scammer's cod T&C.

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.

Rangerblue

Thank you for the comments

The keeper has been informed by his friend that there is no clause in relation to parking in the AST agreement. However, this is an enclosed area of a block of flats and the parking bay has his flat no.

Should the keeper just wait till 26th day and submit an appeal?

Thanks

Fruitcake

Rangerblue wrote: »

Thank you for the comments

The keeper has been informed by his friend that there is no clause in relation to parking in the AST agreement. However, this is an enclosed area of a block of flats and the parking bay has his flat no.

Should the keeper just wait till 26th day and submit an appeal?

Thanks

Appeal as already advised as per the guidance in the NEWBIES. Get a copy of the lease/AST and pics ready for PoPLA as well.

Rangerblue

Thanks all for your responses.

Keeper has a couple of more questions:

1. Is it safe to access UKPC photos on the website before making an appeal? Would they have track of this information?

2. Keeper has got AST from his friend. The schedule in AST says:
Premises:
Property address: XXXX
Together with the garage or parking space (if applicable)
Excluding: None

Keeper believes this confirms that Keepers friend has rightful access to his allocated parking space with his flat no.

Correct me if wrong, keeper will use this evidence at POPLA stage if appeal is refused.

Thanks

Thanks

Coupon-mad

1. Is it safe to access UKPC photos on the website before making an appeal? Would they have track of this information?

Perfectly safe and I do that EVERY time I do a POPLA appeal v UKPC.

I like to screenshot their blurry signage evidence and use it in the POPLA appeal as useful illustrations of the standard appeal point about unclear signs!

2. Keeper has got AST from his friend. The schedule in AST says:
Premises:
Property address: XXXX
Together with the garage or parking space (if applicable)
Excluding: None

Keeper believes this confirms that Keepers friend has rightful access to his allocated parking space with his flat no.

Correct me if wrong, keeper will use this evidence at POPLA stage if appeal is refused.

Yes that shows, with no caveats or exclusions, that the premises includes the parking space (if applicable - can you show it is applicable, maybe by finding the online archive Rightmove advert for the flat, by Googling the address?)

Should the keeper just wait till 26th day and submit an appeal?

Yes, using the template in the NEWBIES thread but replace the bit about PDT machines and wrong VRNs, with a sentence that the driver of the car (who will not be identified) was visiting a resident with their full authority, and whose Assured Shorthold Tenancy gives exclusive rights to the premises, including the parking bay, with no caveats or exclusions to the right to peaceful enjoyment of their property or to exclude visitors parking there.

Be careful when changing wording in the template NOT to imply who was driving; no accidental ''I, me or myself'' and no ticking 'driver' in the UKPC online appeals page.

Rangerblue

Thanks for this.

Keeper tried looking up if the property was in online archive but was unable to find it. Keeper has updated the below. Could you please have a look at it?



Re PCN number: XXX

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 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.

The driver of the vehicle was visiting a resident with their full authority, and whose Assured Shorthold Tenancy gives exclusive rights to the premises, including the parking bay, with no caveats or exclusions to the right to peaceful enjoyment of their property or to exclude visitors parking there.

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,
Keepers name
Keepers address

Coupon-mad

That's fine.