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UKPC parking over marked bay

So sorry for posting as I’m sure it’s been asked a million times. I’ve read through the Newbie thread a lot but just want to clarify...

Driver given a windscreen parking fine at retail shopping car park by UKPC who are part of BPA. 2 mins after issuing it, driver returned to car. Was told nothing can be done. Given for parking over marked bay lines. Car park was fairly empty as was before shops opened. Yes driver had parked over white lines. When logged on to parking charge there are 3-4 pictures showing this. Although car park was empty so no real obstruction.

I have followed guidelines on the newbie thread. Appealed using the blue text. I have complained to only address I can find for who may own the land.

Question is, can the driver realistically appeal if there is photographic evidence showing car parked over marked bays? So scared of having to pay more if I keep the process going even though from what I’ve read I think I should still as I think UKPC are pretty dodgy and can’t technically make you pay? Not sure if I’m right though.

Any help/advice given is hugely appreciated.

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 3 November 2019 at 3:33PM
    Question is, can the driver realistically appeal if there is photographic evidence showing car parked over marked bays?

    Of course. Very many judges regard these so called breach of contract claims as a trifle,

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

    and scammers who take these to court do so at their peril, especially is this is mentioned in court.

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

    [FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

    [/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    [/FONT]
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 59,419 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 November 2019 at 3:35PM
    Nobody was given a fine.

    Why are you asking about an appeal by the driver? Only the keeper should be involved.

    If/when the initial appeal is rejected, get pics of the site and signage then create a draft appeal using all the template points available to you from post 3 of the NEWBIES.

    UKPC signs do not normally comply with the BPA CoP. They are dodgy as you have suggested. They were caught doctoring time stamps on their photo' evidence last year. They do take people to court as well, which is why you need to kill this at PoPLA.

    Post your draft here for checking before you submit it.

    You should also complain to your MP about this unregulated scam. If they are standing for re-election you could suggest their response will help you decide who you are going to vote for.
    I married my cousin. I had to...
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  • Umkomaas
    Umkomaas Posts: 42,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What does the signage say about parking between the lines? If it does have that information on it, why did the driver ignore it? Private car parks are bear traps, reading the signs and complying with them must be an essential part of parking, otherwise motorists are inviting grief!

    Why don't people park between the lines - especially in a virtually empty car park? Makes no sense.

    Do you have photos of the signage? If not, you know what needs to be done.

    Did you send your initial appeal around day 26?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • I need to go and double check the signage. Yes appealed on day 26. Have complained to MP. It was a complete mistake. Baby was crying, parked right at the back got out quickly to sort out baby. Didn’t even look at the car parked afterwards. This is what I’m asking though, as driver has clearly parked over the lines is there any point in continuing with appeal. Driver clearly in the wrong. As parking is free I didn’t even know there were signs and restrictions.

    Thanks very much for all responses.
  • Coupon-mad
    Coupon-mad Posts: 148,400 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This is what I’m asking though, as driver has clearly parked over the lines is there any point in continuing with appeal
    Yes. You appear to have missed the entire point of appealing on day 26.

    Read the bit in the NEWBIES thread that explains WHY you waited till day 26 and you will realise how you win!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 42,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As parking is free I didn’t even know there were signs and restrictions.
    That's why so many are caught out with £100 penalties and even greater hassle to deal with to try to avoid. Complacency costs dear!

    Please don't ever get caught out by scammers again. Park between the lines, not on hatched areas, not anywhere you might think a scammer could appear to catch you out. Read the signage and comply. Not every car park has a warden, in fact the majority now utilise ANPR cameras, read further on here to learn how they work. Whenever you enter almost any car park be aware that there's some outfit there looking to snatch £100 from you.

    Just develop the senses and instincts of an African springbok, otherwise it gets eaten by lions. Private car parks are the new Masai Mara - right here in the UK!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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