UKPC Parking Charge - Do I have a case? Residential Flat Visitor Space

Hello, and thanks in advance for taking the time to read this.

I have lived in a flat with a gated private car park for almost 3 years. We are paying a mortgage for the property as opposed to renting. I pay a management fee regularly which I assume pays towards UKPS and their exploits. There are 2 cars in my household. In the entire time we've lived here, we've been parking one of our cars in our designated space, and the other one in a visitor space. Both have the appropriate tickets displayed on the dash board. Up until October 2019 nothing has been given to us, ticket-wise.

On 2 separate dates in October 19 I was issued with a Parking Charge Notice on the Visitor space car. Shortly before these happened, someone who lived in the building has attached a template appeal letter for everyone to take photos of and use in case anything happened, which it soon did. I used the appeal template letter on both occasions a few days after receiving each ticket. I realise after reading a lot of threads on here that I should have waited 26ish days to appeal.

Remember that for over 2 years it appeared that no one cared that the visitor car was always in a visitor space for over the allotted time (3 hours). I don't know if they have new staff patrolling now but someone is extremely hot on it. I'm now moving our second car twice a day as I work from home.

What I'm really asking is whether or not I have any case not to pay the fines? I appealed both, and so far I have received 1 letter back in the post, asking me to confirm the full name and address of the driver. My original appeal didn't contain this information.

If anyone wants anymore info please ask and I'll do my best to provide it. I really appreciate the frequent and knowledgeable forum posters who help so many! :A

TIA

Replies

  • Coupon-madCoupon-mad
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    You say 'UKPC' then you say UKPS? Which one?
    What I'm really asking is whether or not I have any case
    Yes. As a leaseholder you have primacy of contract here.
    not to pay the fines?
    They are not fines.

    Are you at POPLA stage then, with 2 x rejection letters?
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  • Thanks for replying so quickly. :j
    You say 'UKPC' then you say UKPS? Which one?

    Sorry, I meant UKPC both times.
    Are you at POPLA stage then, with 2 x rejection letters?

    I have received 1 letter back from them, with regards to the first ticket I got on my windscreen, and therefore it's a response for the first appeal I sent. It reads as follows (I don't think it's a rejection letter):

    Thank you for your recent correspondence in relation to the above parking charge.
    To assist us in making a decision regarding your appeal, please confirm the full name and address of the driver to our Appeals Department within seven days of the date of this letter.

    This information may be confirmed by submitting another appeal on our website at ........, or by post to the address overleaf. Please ensure that if writing to us by post that you include the parking charge reference number and vehicle registration.

    Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received. At this stage a POPLA verification code will be provided.

    The parking charge has been on hold whilst under appeal and may be settled in full at the reduced rate of £60

    PLEASE DO NOT IGNORE THIS LETTER. UKPC REGULARLY TAKES MOTORISTS TO COURT WHO IGNORE THEIR PARKING........FOR FURTHER INFORMATION.
    Yours faithfully,


    So no I don't believe I'm at the Popla stage yet. Based on what I've said so far do you have any info on my next move? Thanks again.
  • KeithPKeithP Forumite
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    Ignore that letter and wait patiently for your appeal refusal letter.

    Whilst waiting, prepare yourself by reading post #3 of the NEWBIES thread.
  • FruitcakeFruitcake Forumite
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    That's a bog standard fishing letter from the scammers.
    Wait for the rejection and PoPLA code.

    What happened when you complained to the landowner/MA about the introduction of this unregulated scam?

    Have you complained to your MP yet about this unregulated scam.

    What does your lease/AST say about parking/permits etcetera. Just as importantly, what doesn't it say?
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  • edited 31 October 2019 at 9:05PM
    NeilCrNeilCr Forumite
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    edited 31 October 2019 at 9:05PM
    Fruitcake wrote: »

    What does your lease/AST say about parking/permits etcetera. Just as importantly, what doesn't it say?

    This

    And were the same PPC in situ when you moved in?

    If so, (or likely even if not) it may be that a resident/residents has/have complained about misuse of the visitors spaces. We have had a few visitors space threads on here and, generally, action has been triggered by other residents. What's the ratio of owned to visitors spaces?

    I assume by appropriate permit you mean that the car parked in the visitors space has a visitors permit. To be honest I don't think that is the appropriate permit but that's by the by. As Fruitcake says, though, what is - or is not - in the lease will be key

    ETA.

    Who owns the freehold of the estate? Is it the property owners or a separate freeholder?
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