Driver observed leaving site PCN

ChristianDior

Hey all,

Thanks for taking the time out of your days to respond to forum posts on here, have been trying to find a case similar to this however from the ones I had read, a lot of them didn't receive their NTK within 14 days unlike this situation!  

The backstory of this is that the driver has parked in a parking bay of a medical practice and a restaurant car park at around 9pm on a Saturday (the medical practice isn't even open at this time), driver has gone to pick up a food order from a food place across the street from the car park (not part of the car park) and the UKCPS man has got pictures of the driver leaving the drivers side car door and leaving the site).

Below is a timeline of events so far:

1. Driver parked in an empty bay. (no ticket on windshield)
2. Keeper of vehicle received an NTK letter (not sure what day as the keeper was on holiday and came back to it in the letterbox)
3. Using the template in the 'Newbies' post, the keeper appealed.
4. Keeper has tried to appeal to the land owner, first by going through the medical practice who said that they don't handle these requests anymore now they use UKCPS as the medical practice rents the land. They gave me the contact details of the land owners however the keeper has called over 15 times, no answer, no callbacks to voicemails or emails so the keeper doesn't think going down this route is going to work. 
5. Keeper then received a letter advising that the appeal has been rejected stating that "the location where the vehicle was parked is private land where parking is permitted for use of the onsite facilities only. By parking the vehicle on the land, the driver agrees to remain on-site throughout the entire period of parking. By parking the vehicle and not remaining on the site the driver contractually agrees to pay a parking charge."

Heard mixed things regarding appealing through IAS but was wondering what else could be done? Heard people say that these claims get dropped by IAS for leaving site however the newbies post says to not even try IAS?

Any responses are appreciated  

Will append images of the signs at the site soon.

Kind Regards,

Umkomaas

The NEWBIES FAQ Announcement advice has changed slightly. The thread cannot be updated as and when because it needs the MSE administrators to open it and close it, so there is a tendency to only ask them to do that when there are major edits/additions to put in place. 

You can appeal to the IAS (no template, just pile in with any evidence and ask that UKCPS proves their case) but don't over anticipate success. However for a 'leaving the site' it might be worth a punt. As I write UKCPS have been litigiously benign for a number of years, and given the difficulty in proving a 'leaving the site' case, I can't see them relighting their candle with your case. 

For a look at the last 'leaving the site' court case, read the following link. Please note that much water has passed under the bridge since then and some of the points of defence are now somewhat redundant - mitigation of loss being a key non-starter these days. Read it as some light background reading with one or two points you might use in your IAS appeal - if you decide to go down that route. 

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231) 

Coupon-mad

I agree.

UKCPS have no evidence, so don't admit it and there's no case they can continue with at IAS. They'll give up.

See other exact same threads.

95Rollers

The driver should not admit.  I would request a SAR asking them to include all pictorial, video/ CCTV and written evidence of this accusation. I would argue that their Ticketer behaved predatory. He could of called the driver back and advised them of this "rule" and prevent this "breach" ever occurring in the first place. I'd also revisit or at least use Google Streetview to get location of signs - I'd hazard a guess this wouldn't be on the Entrance and is probably buried in amongst the small print on a wordy above head height sign in the far corners of this particular carpark. 

UKPC are very predatory. Their staff have spoken of KPI targets and I've witnessed them first hand acting predatory on both Stevenage and Park Royal (Acton) Leisure Parks. In the latter the ticketer Parked his own unmarked car in the pick up bays in front of a sign then lurked behind q Bush and waited for people to park temporarily and then photo the car and whip on a fast ticket. He was uniformed in normal clothes (jeans, jacket) and whipped on a hi viz vest as he placed the ticket on and ran off.  

This is their M.O.

How can one possibly ID the driver unless they provide a photo of them?! And a video to prove it was them in the driver seat then left?!?  See what they can come up with - likely sweet FA!

Umkomaas

UKPC are very predatory. Their staff have spoken of KPI targets and I've witnessed them first hand acting predatory on both Stevenage and Park Royal (Acton) Leisure Parks. In the latter the ticketer Parked his own unmarked car in the pick up bays in front of a sign then lurked behind q Bush and waited for people to park temporarily and then photo the car and whip on a fast ticket. He was uniformed in normal clothes (jeans, jacket) and whipped on a hi viz vest as he placed the ticket on and ran off.  

Psst, Roller, this is a UKCPS PCN. 🤫

Le_Kirk

95Rollers said:

I would request submit a SAR asking them to include all pictorial, video/ CCTV and written evidence of this accusation. I would argue that their Ticketer behaved in a predatory manner. He could of have called the driver back and advised them of this "rule" 

Just a gentle nudge on a couple of points.

Fruitcake

Above all else, tell the driver not to park where they are not supposed to. This is one of the reasons why PPCs exist in the first place.

PPCs don't have a database of vehicle keepers mugshots, nor do the DVLA, so unless someone tells the PPC the identity of the driver, it will be all but impossible for them to determine who it was who actually left site.

Snakes_Belly

You can use IAS as a means of requesting information from the PPC, photographs, logs (where applicable). It wastes their time especially if you keep responding. Still need to submit a SAR.

Grizebeck

These are quite simply the easiest cases to win at the IAS.

95Rollers

Le_Kirk said:

95Rollers said:

I would request submit a SAR asking them to include all pictorial, video/ CCTV and written evidence of this accusation. I would argue that their Ticketer behaved in a predatory manner. He could of have called the driver back and advised them of this "rule" 

Just a gentle nudge on a couple of points.

For some reason when I use this site on the phone it misses words out and the text comes out a bit jumbled due to auto-correct. But this.

Le_Kirk

The forum is not brilliant on a phone, as you have discovered.