UKPS PCN: Private land

prob_solver1

Dear all,  

My friend received a PCN in post (attached) and she responded to the PCN online using the TEMPLATE ''ONE SIZE FITS ALL'‘ within 3-5 days. (one thing she added, there is no contravention code on the letter).

She received this response three days ago (via email). Can anyone pls advice what the next course of action should be? UKPS is using court decision stories to patronize. Additionally, they have all the photographic evidences to back what they are saying below:

FULL & FINAL RESPONSE WITHOUT PREJUDICE:

Thank you for your recent communication concerning the above Parking Charge. Our Appeals Manager has personally reviewed this case and has carefully considered the appeal by reviewing the various factors involved. 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 OR customers of #SHOP NAME# only, and when parking on the private land the driver must remain onsite and ENTER THEIR VEHICLE REGISTRATION into the parking tablet at the #SHOP NAME# counter. The signage is clear and has been audited by our company lawyers and the governing trade association. Our CCTV operative provided the following account:

"Permit required - Driver parked vehicle on site then exited the site in the opposite direction to #SHOP NAME# & returned from the opposite direction to #SHOP NAME# - unauthorised parking."

As the driver of the vehicle failed to enter the vehicle registration details into the on site tablet, the driver of the vehicle was therefore in direct contravention of the site terms and conditions. The signs are clear and in abundance across the site and have been audited and approved by the trade governing body, 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 14 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 out 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: added link to a story from BBC

Please be advised that all photographic evidence can be viewed by typing:

pay.theukps.com

in to your top address browser.

Kind Regards,
prob_solver1

Coupon-mad

"Permit required - Driver parked vehicle on site then exited the site in the opposite direction to #SHOP NAME# & returned from the opposite direction to #SHOP NAME# - unauthorised parking."

Ask for their evidence and why they have not offered a £20 settlement for a major keying error, if the driver failed to key in their VRM.

D_P_Dance

Many judges consider keying errors as a waste of court time, read this and comolain to your MP.

https://en.wikipedia.org/wiki/De_minimis#:~:text=De minimis is a Latin,court refuses to consider trifling

prob_solver1

Coupon-mad said:

"Permit required - Driver parked vehicle on site then exited the site in the opposite direction to #SHOP NAME# & returned from the opposite direction to #SHOP NAME# - unauthorised parking."

Ask for their evidence and why they have not offered a £20 settlement for a major keying error, if the driver failed to key in their VRM.

Hi Coupon-mad thanks for taking time to review and reply.
Upon logging into pay.theukps.com, we could see that they have all the images showing the driver bringing the car in the private car park, parking up and leaving the car park and walking in a direction opposite to the shop that this car park was intended to be used for. It gives a lot of anxiety to my friend seeing her images and making her portray like a criminal.
Should we still respond back to the email requesting for any further evidence, what kind of  evidence are we after? Or do you reckon us asking them to offer £20 settlement for keying error?

Kind Regards,
prob_solver1

Redx

Not if she did not use the shop

Yes if she did use the shop but didn't use the terminal or if she mistyped the VRM details into the machine

Playing devils advocate , she should not park on private property if not complying with the signage , anywhere at all , drivers are expected to comply with all signage , everywhere , otherwise it results in these issues

It's not a crime , so she is not a criminal but it could well be breach of contract

If she orders a sofa and it doesn't arrive , breach of contract , a civil matter

They don't reimburse her , she takes them to court , for breach of contract !! , A civil matter

Coupon-mad

I really wish drivers knew NOT TO SEEK OUT A CAR PARK TO PARK THEIR CAR TO GO TO A SHOP.  An important life lesson for drives.

If you are popping to a shop, find a bay on street even if you need to pay for those minutes.  Avoid private scam car parks. Stay on street!  Tell everyone you know, just don't go into private car parks (any car park).  That is the last place to stop unless you are using the facility/shop.pub on site.  Never use car parks in the evening in particular (why do people do that...unless you are in London and even then streets are generally free after 8pm when most permit restrictions end).

Parkng is what the street is for.  There are bays, and double and single yellows are there for quick loading/unloading.  You can stop in a bay and go to a shop and will never get a PCN and if it's a Pay and Display bay it will only cost about 50p.

I wish driving instructors would teach people that they can't get a PCN by post from a local authority because Councils are banned from using ANPR and CCTV, for good reason. As you say, it's horrifically intrusive to se a CCTV camera has tracked you, so don't go in.  Hopefully you will in future avoid looking for a car park, to park the car.

I know someone who used to drive to and pay for a car park in the Chichester area, right next to free streets. What is wrong with drivers who do that?!

However, I wouldn't pay this because the signs can't have been clear enough if she didn't see them.  Sit tight and ignore debt letters.  Come back if they try a claim.  And if you move house, tell the parking firm your new address and keep proof of telling them.

D_P_Dance

Have you complained to your MP.  Many are very well aware of these scams.