Ukps response from appeal

Coupon-mad

Just an observation (no need to do anything at the mo):

They've proved by their reply that there was no contract on offer.  If parking was unauthorised then it is always open to a landowner to seek actual/proportionate damages.  But a PPC can't dress that up as if it was a contract!

I've just been re-reading the DFT Guidance to Section 56 of POFA (what became Schedule 4) and there is a flowchart and a section about 'trespass' in it, that makes it clear that it is either trespass or contract. 

In law, the former requires a 'damages' model, not a contractual charge dressed up.

I have a baby about a week away so considering paying the reduced amount but wanted to have you thoughts. 

Good luck wth the baby!  And don't panic about debt collection letters and don't try the IAS stage.

Maybe try this if you get time over the Summer, but I doubt that will be your priority right now!

If I manage to find the landowner and make my complaint do we still need to be careful about who the driver was. I would imagine this makes it a little more difficult to complain to the landowner with a story without admitting liability. 

Yes, just say ''we'' and not ''I'' about the parkig  event, keep the driver unidentified.

Come back if you get a claim in the end = defendable on unclear signs and no contract on offer (the trespass issue) meaning there is no cause of action by this third party.  Prohibitive signs have been covered a lot on this forum.

Half_way

CCTV as opposed to anpr has a few extra considerations.
their system MUST be registered with the ICO, and they must make the footage available to whoever it captures.
My guess is that the parking company doesn't know is !!!!!! from its elbow, however the difference between 
Automatic Number Plate Recognition and CCTV  is distinct

D_P_Dance

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 in some cases, cancellation. 

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,

Just as the clampers were finally closed down, so hopefully will many 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/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

carnut1234

Again thank you all for your support on this.
I have reached out to the landowner to see if this can be rectified and I have also reached out to the local MP using the guidance above and within the newbies sticky.
lets see what happens

carnut1234

Well a turn for the books. I've received an email response from the landowner instructing Aiden at Ukps to cancel my PCN. 

So what should I get to make sure this has gone away?
I would imagine that this actual email from the owner is enough to put an end to this anyway. 

Again huge thanks to you all, the amount of advice on here is staggering. 

beamerguy

Great news proving that landowner cancellation is vital.

Aiden has been instructed to cancel by his master.   That should now be the end of it.  Keep the email just in case he is a rebel who thinks he knows best.  NICE ONE

MistyZ

Fantastic!  
Perhaps leave it a day or two then check UKPC's website to see if the PCN has been cancelled.
Best wishes for the next big event!

Coupon-mad

UKPC or UKPS?

carnut1234

Sorry ukps... Typo

Redx

well done

we keep telling people ad nauseum that a landowner complaint is best, yet few believe us

see this one here https://forums.moneysavingexpert.com/discussion/6160664/pcm-uk-pcn-notice#latest

you know different now