I want to take cowboy parking firm to court!!

[Deleted User]

Good morning oh wise ones,
UK Parking Control are acting like lawless cowboys and I'm ready for the fight this time!
Last year I helped a colleague fight her ticket in the same place in our local town, I then visited the venue in December and it was the first time I have been to the site so being well aware of the parking system in place I ensured I registered my car for the free parking at the iPad screen at reception. I not only entered the registration number, but waited to confirm also (as I've seen many people posting online caught out this way at this car park by not confirming for a second time) imagine my disgust when I get a ticket anyway! Apart from the witness statements of two independent people, they are relying on the fact that although people are registering using their system, the customer has no proof they entered their details. So many people are commenting this has happened to them and they either pay the full £160 (horrific!) the £100, or as a gesture of 'goodwill' if they can provide a receipt from their time in there from the bar or food, UKPC reduce the invoice to £15!!! Absolute con!! 
The site who have instructed UKPC admit no liability, refuse to provide CCTV in any instance and instead are referring the scores of people to the appeal process from UKPC. The landowners do not respond to any correspondence, and neither do the head office of the firm employing UKPC.
I want to know if 1. Should there be a legal requirement for UKPC to issue a ticket or receipt following registration at their iPad at reception?
2. If I can gather together enough details and witness statements for previous customers being caught out with registering but being told they haven't, whether we have a strong case against UKPC as a group.
3. I am SO happy to proceed all the way to court with them and happy to have my day in court, anyone been in a similar situation as this with actually doing what they were meant to but being fined anyway?
I have followed the first couple of steps and appealed online Monday (7 weeks after the alleged contravention) and I have also issued a SAR request to them. My local MP has already acted on behalf of my colleague so I will approach him and also I have approached the local paper to gain awareness for future visitors!!
I will call down to the venue today and request they double check their registration system in the off chance they have my details, but UKPC don't....got to live in hope!
Thanks

D_P_Dance

Have you read these

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

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Are you familiar with Sir Greg Knight's Private Members Bill?

Le_Kirk

There are no laws surrounding private parking companies, they just make up their own and call them Codes of Practice (CoP)!  I would be voting with my feet and telling the venue exactly why you, your friend and family will not be "darkening their doorstep" again.
To whom does the terminal belong?  If it is inside the venue, surely it belongs to them.  Try submitting a SAR to the venue and asking for "all the data relating to you and your VRM, particularly that data gathered by their terminal.
I always take photographs of terminals if/when they don't issue tickets or proof of registration.
UK Parking Control are a member of BPA AOS, so you might try a complaint to them asking why they allow a form of entrapment, given that they do not issue printed proof of correct registration.  Try an e-mail to Steve Clark or Gemma Dorans at BPA, they are normally quite quick at replying.

nosferatu1001

0) SAR them, including your images from CCTV as your IMAGE is personal data. Just they may have deleted it by now...
1) Should htere be? Yes. There isnt actually one, however
2) No such thing as a group action in the UK. Not really, truly. 
3) Wait, so are you suing them, or ar ethey going to sue you?

Appeal - when was the Notice to Keeper issued? More than 14 days after I presume? If so, do they claim the right to claim from the keeper? if they do then BPA complaint. 

Half_way

Parking companies do what they do, there is plenty of evidence of how they operate available.
If you are a big company /landowner you should have the resources available to understand what these parking companies are, as well as a duty of care to those members of the public who enter your land.

The principal (ie landowner) is responsible the the actions of its agents (ie the parking company)

If you are a farmer, and have dangerous livestock and place those animals in an area open to the public (ie footpath/bridlepath) then you (as the farmer ) would be liable if someone was injured.

With a PPC issue the first point of complaint and action should be against the landowner/who ever contracted the PPC the only exception would be if the landowner is a small one man business, or a local charity such as a village hall/community group

beamerguy

We all know UKPC are cowboys and fraudsters, it's the only way they can earn money.

I have not seen the system where you have to confirm your VRN ????  Knowing that most people will only enter it once, this is a well designed scam

You have no option but to expose this scam, the Daily Mail is a good source plus your local media

Oddly, I was in a car park yesterday that holds probably 1000 plus cars. It was littered with UKPC unreadable signs but ........ they have all gone., Apparently UKPC were kicked out for scamming.
Previously UKPC have been banned by the DVLA twice and the intention is now to get UKPC banned forever. Have you told the DVLA about this as it's an unfair practice.

You could ask the BPA but frankly they are well known for protecting scammers

Castle

nosferatu1001 said:

0) SAR them, including your images from CCTV as your IMAGE is personal data. Just they may have deleted it by now...
1) Should htere be? Yes. There isnt actually one, however
2) No such thing as a group action in the UK. Not really, truly. 
3) Wait, so are you suing them, or ar ethey going to sue you?

Appeal - when was the Notice to Keeper issued? More than 14 days after I presume? If so, do they claim the right to claim from the keeper? if they do then BPA complaint. 

You can bring a class action for data protection breaches following Lloyd v Google (Court of Appeal 2019):-
https://www.twobirds.com/en/news/articles/2019/uk/class-action-data-breach-litigation-under-cpr-19-6

[Deleted User]

Le_Kirk said:

There are no laws surrounding private parking companies, they just make up their own and call them Codes of Practice (CoP)!  I would be voting with my feet and telling the venue exactly why you, your friend and family will not be "darkening their doorstep" again.
To whom does the terminal belong?  If it is inside the venue, surely it belongs to them.  Try submitting a SAR to the venue and asking for "all the data relating to you and your VRM, particularly that data gathered by their terminal.
I always take photographs of terminals if/when they don't issue tickets or proof of registration.
UK Parking Control are a member of BPA AOS, so you might try a complaint to them asking why they allow a form of entrapment, given that they do not issue printed proof of correct registration.  Try an e-mail to Steve Clark or Gemma Dorans at BPA, they are normally quite quick at replying.

Thats great advice thank you, I've sent a SAR to the venue, Superbowl in Macclesfield, and i've also emailed a complaint to BPA. I couldn't find the direct email to Steve Clark on first check but im certain it will be dealt with the same?
Thank you!

D_P_Dance

Have you not complained to your MP?  

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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.

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.

1505grandad

"Thats great advice thank you, I've sent a SAR to the venue................."

Have you sent an SAR to UKPC?

[Deleted User]

I have had this response from BPA which I think is pretty pointless, any need to reply to them??

Thank you for your enquiry. I’m sorry it became necessary to write to us.

 I can confirm UK Parking Control Ltd is a member of the Approved Operator Scheme (AOS), which means they’re required to adhere to our Code of Practice. It might be helpful if I start by explaining that our role is to investigate alleged breaches of our Code by members of our AOS where evidence can be supplied. It is worth noting however that we can’t cancel Parking Charge Notices, nor can we become involved in the appeals process.

 Please be advised that our Code of Practice does not cover payment machinery or terminals, so we are unable to become involved in a dispute on this point. We do not have the means to determine why your VRM failed to register as we are not privy to any information about the terminals our members may use. It would also be difficult for us to investigate this when there is a lack of evidence.

 To clarify on the process, if your appeal is rejected by an operator, the motorist should be provided with details on how to further appeal to POPLA. If the motorist appeals to POPLA and loses their appeal, they will be liable for the full amount of the parking charge, which is not allowed to be any more than £100 as per our Code of Practice. The reduced payment is not available at this time because this is only available for early payment; furthermore, the operator incurs charges when a POPLA appeal is lodged.

 I hope this information is of use.