Advice needed - UKPC appeal failed. Popla failed. What next?

Redx

Lol , they have form for s #mming people and clearly they now realise they cannot keep being caught out and won't want to be sanctioned yet again

Coupon-mad

Haha...the industry is particularly jumpy at the moment, wonder why!!

beamerguy

Joe_Challenger said:

Amazingly enough, UKPC have responded already and say they will be taking another look at the evidence and will get back to me.
So lets see what happens and I will update again.

SCARED UKPC ?    They will attempt to wriggle out but have no option but to cancel. A feeble excuse

The most worrying thing is that the BPA support UKPC, whoops forgot, it's the subscription fee ?
And the DVLA just love every £2.50 from UKPC to provide data.

Umkomaas

A 'gotcha' moment!

Joe_Challenger

Update - Still waiting on UKPC to get back to me but the MPs office just called up and asked about the details of this case and they have created a file and asked me to keep them updated and offered assistance should any be needed.

D_P_Dance

And people accuse  me of posting spam.

nosferatu1001

Sounding good  

Follow through with MA tho. DId you make it clear you didnt entere a contract to display the permit - it was just a courtesy? This is important. 

Joe_Challenger

Update - still no response from UKPC. So I guess they have it on "hold" for now. Seems they wanted to check the POPLA evidence and assessment even though they had it already.

POPLA responded to the complaint I filed with them though. That was quite funny as they tried to justify blatant fabrication of facts and twisting my statements to sound like admissions of fault. I replied to them to point out that the so called terms and conditions they said was on signage that the permit had to be displayed clearly on the dashboard and visible via the windscreen to the warden, that they used as the crux of their reasons my appeal failed does not actually exist on any of the signage provided by UKPC in their photo evidence and that it actually just says "vehicle must be parked in bay with a valid permit displayed". They even tried to tell me its not the job of a warden to search for the permit being displayed.
They said that the photos i provided as evidence were not allowed as no date time stamp on them as it could have been taken after the parking event and the permit might not be where it is shown in the picture at the time of the penalty was given. When am I meant to have taken the pictures thenif not after? Beforehand or during the warden writing the PCN? I told them in law, the burden of proof is on the parking operator to prove my claim is not true, not vice versa.
They also said my complaint that they do not tell you anywhere in their appeal process that photos have to be date timestamped to be valid and acceptable evidence is not for them to inform you as the appellant, as it could alter the outcome in your favour!!!!??? They have to remain impartial of their own appeal system and telling you how it works it seems.
I know its not much point complaining to them as they claim impartiality even though they clearly are not and are funded entirely by the parking operators. Hardly going to bite the hands that feed them .. just the occasional acceptable nibble to prove they are "impartial".
I copied in BPA and my MP again for good measure though and visibility.
I think the guy at POPLA responding thought he was being really clever but just dug a great big hole for themselves.

Joe_Challenger

Update - UKPC came back and after "review" believes that the permit is not visible in the photos their warden took (thats the whole point we are here) and since POPLA agree then the PCN stands. I do believe they are actually insane and seriously do not understand the burden of proof.
I have responded to tell them if they wish to pursue their charge and have confidence in their photo evidence then I will see them in court should they decide to take it there within the next 6 years.
Also said since we are both fully aware of our situations that attempting to add additional costs and using powerless debt recovery agents will be considered deliberate harrassment.
I will post updates should I ever actually get a summons.

Redx

you will not receive a "summons", its not a criminal matter, its a civil matter, so any court claim is an MCOL claim pack from the CCBC in Northampton