UKCPS and IAS appeal successful

fannarr

First time poster here but over the last couple of weeks I've trawled through the various experiences and advice on these forums regarding a private ticket I got recently.

There are many different stories and situations. I've also noticed that there's differing advice on whether to even interact with them at all - so to that end I just wanted to add my experience in case there's anyone like me who is trawling the internet looking for either advice or similar experiences.

I parked in a car park which serves a few shops, it doesn't charge and indeed is usually 90% empty whenever I've been there. There's a limit of an hour and half for parking and although I didn't know at the time, a stipulation that drivers must remain on site at all times. I popped over to another shop across the road, then returned 20 minutes later and visited the shops that the car park serves. I didn't find what I wanted to buy so then left.

A few days later I received and invoice from UKCPS stating that I'd been observed as leaving the site (clearly there had been someone lurking in a van somewhere watching) - there was a photo of my car on the paperwork and when I logged in to see my case online, there were 8 or so other photos taken of my car from different angles. They were wanting £100 which would be reduced to £60 if paid within 2 weeks.

I immediately appealed to UKCPS who within 24 hours had predictably rejected my appeal. I then went online to investigate what I should do. I'd already gone against the advice of many, which was to not even bother to interact with them. Further advice continued that I shouldn't then appeal to the IAS as it was pointless - however, I thought, I've got nothing to lose by doing so, especially since I figured I had a good few arguments as to why their ticket wouldn't be upheld should they want to take it further.

I accept that my situation was more simple than some others I've read about. My invoice was singular and not for a lot of money. The signs, while new, were located too far away from where most cars parked and as such practically pointless in terms of providing information about a contract I had supposedly entered into. And finally, as the car park was not camera controlled, they had no hard evidence I had left the site.

I therefore listed 4 different reasons why I was appealing:

1) The wording on the signs was ambiguous as to what was meant by 'the site'. There were no mentions or descriptions of what the boundaries of the site were.

2) The invoice stated I had left the site yet only offered photos of my correctly parked car. Not one bit of evidence of me physically leaving the site. Given that was what I had been accused of, I'm fairly sure this would be considered important. I stated that the burden of proof was on UKCPS and the word of a UKCPS employee was not sufficient evidence.

3) The signs were located too far away from where the vast majority of car parking takes place and supported this with photos I took, illustrating an A3 size sign from 25 yards away isn't a useful sign.

4) That the size of the 'fine' was extravagant considering the car park doesn't charge in the first place and when compared to the City council park park penalties which are some 50% smaller.

Now, I don't know which of these was worth listing to them but I figured I'd list them all in the hope that at least one would hit home.

I posted my appeal and within 48 hours I had my response which was that "The operator conceded this appeal due to mitigation".
So not an out and out appeal victory as they decided to just let it go - but the end result is the same.

I know my case isn't the same as everyone else's. Mine was made considerably easier thanks to their inability to prove I'd done what I was accused of. However I wanted to post this as my experience - like I say, it might give someone out there a crumb of comfort if they face a similar situation.

Redx

Result , but a few observations

A PCN is issued against the actions of a driver , not you personally , they don't know you

It would have said that the driver left the site , which they construe as a breach of contract , but is difficult to win in court

1) is correct and a typical appeal or Defence argument

2) correct , they monitor vehicles , not people , so need to prove their case

3) correct , signage is a very important factor

4) this argument died 6 years ago in the Barry Beavis case , so no legs at all

Well done

Ps , the rules are

1) always , always appeal to the claimant parking company , as long as they are BPA or IPC members

2) second stage ADR can also be tried , especially POPLA

3) ignore debt collector letters , period !

4) never ignore a formal LBC or court claim papers

5) ALWAYS complain to the landowner or the retailer ASAP

D_P_Dance

Leaving site is almost impossible for them to prove and may be an ubnfaire term in a consumer contract anyway.

fannarr

Redx said:

Result , but a few observations

A PCN is issued against the actions of a driver , not you personally , they don't know you

It would have said that the driver left the site , which they construe as a breach of contract , but is difficult to win in court

1) is correct and a typical appeal or Defence argument

2) correct , they monitor vehicles , not people , so need to prove their case

3) correct , signage is a very important factor

4) this argument died 6 years ago in the Barry Beavis case , so no legs at all

Well done

Thank you!
Yes I was a pleasant feeling to see the result, and this morning the subsequent email confirming things.

Yes indeed, the PCN did say driver, however in my exuberance and panic (this was the first time I'd got one of these, so acted without doing the research  - I'm now toughened and grizzled from my experience), I admitted I was the driver to the first UKCPS appeal. However in my appeal to IAS I knew better and didn't admit a thing. 

I worded my appeal to them better and more lavishly than I posted above. Did a decent job, if I say so myself!

I did a check on various sites and forums regarding the "leaving the site" scenario, in order to figure the likely outcome, but I found nothing.
Hopefully, if something useful can come from my post here it's to illustrate that if they have no proof of anyone leaving the site, they can't do anything. It sounds straight forward now to me, but for those caught up in the panic of the moment, logical thought isn't always the first thing that happens.

Given what I know now, I'm tempted to keep parking there, but I'm not sure I'll push it too much, plus there's other options nearby anyway.

But yes, result!

Redx

Find the Court claim case several years ago where the legal representative was told by the judge to bring their toothbrush if it happened again

It's probably on parking pranksters website , a very well known case !  👍👍

D_P_Dance

here yer go

https://www.dailymail.co.uk/news/article-2150551/Thousands-beat-parking-fines-judge-tackles-766k-Mr-Clampit-landmark-penalty-claim-case.html