UKCPS - “No Stopping” Parking Charge

Umkomaas

Chrissy21 wrote: »

Hi does anyone know if you do appeal and lose if you still have to pay the £100 instead of £60.

Very angry! :mad:

Nobody pays unless a Judge orders you to pay. Every appeal to UKCPS will be rejected. But that is no reason whatsoever to pay any amount, be it £60 or £100.

Jaz_syed

I have received 4 x penalties all in the month of November for stopping and dropping passengers off at this location. Have been dropping off at this location for many years and wasn't an issue but suddenly out of the blue in October this road has a new NO STOPPING restriction which I wasn't aware of .The main sign at the entrance is not visible to traffic turning left down this road as its mounted high and facing away from you ,easily missed and many ending up with this penalty. Will appeal or take it all the way to the courts

Fruitcake

Jaz_syed wrote: »

I have received 4 x penalties all in the month of November for stopping and dropping passengers off at this location. Have been dropping off at this location for many years and wasn't an issue but suddenly out of the blue in October this road has a new NO STOPPING restriction which I wasn't aware of .The main sign at the entrance is not visible to traffic turning left down this road as its mounted high and facing away from you ,easily missed and many ending up with this penalty. Will appeal or take it all the way to the courts

Send the appeal template in blue from the NEWBIES.

Start your own thread if you need further help.

Coupon-mad

Don't appeal these to the IAS. If newbie posters don't know why not, then Google the words IAS kangaroo court Hurley.

Don't pay. If newbies don't know why not, please read the NEWBIES thread. We win these cases in court but there is NO appeal wort trying.

Jaz_syed

Couple of colleagues of mine both received same penalties same circumstances as me , appealed to ppc got rejected but we're successful with kangroo court IAS . Unfortunately my appeal got rejected .

I'm taking this all the way to the judge.

dickturpinparking

I have appealed a charge on this same stretch of road citing Freedom to Operate 2012 section 4, as the PCN was not received within 14 days, and this was their reply:-
The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.

I am satisfied that the Appellant was parked in an area where the Operator has authority to issue Parking Charge Notices and to take the necessary steps to enforce them.

A number of images have been provided to me by the Operator which shows the signage displayed on this site. After viewing those images I am satisfied that the signage is sufficient to have brought to the attention of the Appellant the terms and conditions that apply to parking on this site.

In this Appeal it is clear from the images provided that the Appellant's vehicle was stationary within the restricted area in contravention of the terms and conditions which were prominently displayed throughout the site. The extensive signage on site makes it clear that no stopping is permitted in any circumstances. Unfortunately for the Appellant by stopping at all he breached the terms for entering and as a result the Appellant is liable for the parking charge.

The Appellant raises as an issue the Protection of Freedoms Act 2012 and purports that the Operator has failed to comply with the requirements therein.
I must point out that whilst the Act does need to be complied with in cases where the Operator wishes to avail themselves of the keeper liability provisions under Schedule 4, they are not obliged to do so where they do not. Instead, the operator is entitled to rely either on the legal presumption that the keeper of the vehicle was also the driver (which they are entitled to do in the absence of credible evidence to the contrary) or on an acceptance that they were driving at the material time.
On the present facts, the compliance or otherwise with the Act, is not a relevant issue.

I have considered all the issues raised by both parties in this Appeal and I am satisfied that the Operator has established that the Parking Charge Notice was properly issued in accordance with the law and therefore this Appeal is dismissed. "

Do I have to still pay this charge, or should I challenge it in the courts?

Redx

The latter , Challenge in the courts

Nobody has to pay unless a judge says so , it hasn't even been to Court yet

Le_Kirk

POPLA decisions are not binding on the motorist. If, having read the NEWBIE sticky, you still have a question, can I ask you to start your own thread where you will receive bespoke answers whereas hi-jacking another thread could confuse matters.

NO21x

Hi, I have also been issued with one of these 'parking charges' reason for issue: no stopping from UKCPS.

I always use this entrance to drop off my partner but this must be a recent thing and I didn't noticed the sign on the visit of which this charge was issued but i did on a return visit a week later so i turned around which did take a few mins as pedestrians here just walk around the car whilst trying to move so i hope i dont get another one!

Another person who was picking someone up at the same time has also been issued with one of them and has had their appeal rejected. However, they didn't use one of the templates on the forum they just said they pulled in because they were changing driver.

I was stopped in the parking bay (which is still there even though it says no stopping!) but I cant remember how long for as I had been there quite a few times over consecutive weeks. I've logged on to their website and they have 2 images from 18:00:30 and 18:01:00.

The NTK says parking charge but you can clearly see in the images my lights are on & i never left the car.

The letter says date issued 8th Nov but the date of sending this notice is actually 9th December but we only received it last week! I am going to appeal as i think its unfair that there is no clear signage until you are already parked!

Have read through the newbies thread and just wanted to check that at this stage is it the below template I should be appealing with to UKCPS?

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,

KeithP

NO21x wrote: »

Have read through the newbies thread and just wanted to check that at this stage is it the below template I should be appealing with to UKCPS?

Yes, that's the right template. It is the keeper that appeals.

Please start your own thread if you need further help as trying to deal with the issues of more than one person in a single thread can only lead to confusion.