Ukps response from appeal
Following the newbie thread I sent the email in blue back to Ukps. This was an incident when the vehicle was parked for less than 15 mins by McDonald's drive thru which is owned by a pub. Cars have been parking here for 20 plus years but I would imagine that is why they have ukps.
Anyway I've received the response and unsure what to do. I have a baby about a week away so considering paying the reduced amount but wanted to have you thoughts.
FULL & FINAL RESPONSE WITHOUT PREJUDICE:
Thank you for your recent communication concerning the above Parking Charge. Please rest assured that our Appeals Manager has personally reviewed this case and carefully considered the various points raised. Their view, however, is that the Parking Charge is neither unreasonable nor unjust and so we will not be waiving this parking charge.
This is PRIVATE LAND that the landowner has designated for Permit Holders only and customers of The Waterside Inn ONLY. As the Inn is currently on lockdown due to the current COVID-19 pandemic, there is NO PARKING allowed WITHOUT the prior permission of the landowner.
Our CCTV operative provided the following account of the contravention:
"Drove on-site from McDonald's. Parked up in Waterside Inn car park & then drove away - unauthorised parking."
Therefore, the driver of the vehicle was in DIRECT CONTRAVENTION of the site terms and conditions.
The signs are clear and have been audited by the UKPS Limited Company Lawyers and the IPC.
UKPS Ltd is still trying to resolve the situation and still willing to accept the reduced rate fee of £60, this offer is available for the next 7 days after which it will revert to the balance without the price reduction.
The contract that UKPS Limited has with the owner or occupier of the land (which authorises UKPS Limited to enter into a contract with the driver requiring the payment of Parking Charges in respect of parking of the vehicle on the land) contains a confidentially clause and as such we are not in a position to provide the contract to you.
As a member of the Approved Operator Scheme, UKPS Limited are audited by the IPC to ensure that we have all relevant contracts in place. UKPS Limited will provide the court with a copy of this in full if they require it, or can provide a written statement to this effect from those party to the contract. We are also more than happy to provide confirmation to the independent assessors that we are authorised to manage parking at this site. We can confirm that parking management at this site has been contracted to UKPS Limited.
All of our signage is fully compliant with the guidelines set our within the IPC Code of Practice and we reject the notion that it is in any way unclear or ambiguous.
The highest court in the UK, the Supreme Court, has unambiguously confirmed that parking charges issued on private land are fully enforceable. In the case of ParkingEye v Beavis (2015) UKSC 67 their Lordships stated that private parking charges were enforceable because they served a legitimate interest and were in the interests of the public generally. The case confirmed that the amount of the charge does not have to reflect any loss that might have been caused by breach of the terms and conditions of parking.
The Supreme Court decision is binding law on all other courts throughout the UK.
Another Court decision: http://www.bbc.co.uk/news/uk-scotland-tayside-central-39478203
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We appreciate that this is not the outcome you will have hoped for. Unless you have any additional information that you have not already brought to our attention this decision is final.
In light of the contents of this letter you now have a number of options:
1. Payment offer of reduced rate for the charge above at the reduced rate of £60; to UKPS Limited. PLEASE REFER BELOW FOR PAYMENT OPTIONS AND ADDRESS DETAILS.
2. If you are not happy with our decision you can contact the IAS (www.theias.org) standard Appeals service within 21 days of this appeal being declined.
By law we are also required to inform you that the Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to IAS, as explained above.
3. If you choose to do nothing the parking charge will automatically increase after 7 days from the date of this letter to £100 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £60, in accordance with our terms and conditions of parking and further charges will be claimed if Court action is taken against you. Any unpaid Court Judgement may adversely affect your credit rating.
PLEASE DO NOT IGNORE THIS LETTER, UKPS LIMITED REGULARLY TAKES MOTORIST TO COURT WHO IGNORE THEIR PARKING CHARGES.
Account UKPS LTD
Account No: 25006760
Sort Code: 30-99-15
Or Cheque / Postal Order
UKPS Ltd Appeals Team
Phone: 01926 356 747
Email: [email protected]