UKPC ticket "parking on roadway" in residential estate I live in. POPLA appeal stage. Please help.

xninjanon

Hello all,

I've already posted this on Legal Beagles but due to POPLA appeal deadline being tomorrow and not having had a response yet on my post since my last message yesterday I thought I would try my luck by posting here as well. To save everyone the hassle of reading through an unstructured post here, I will try linking the LB post in a reply but if it doesn't work I can copy-paste the main points on here. Please could you help me with whether I should now submit a POPLA appeal or if I should be doing something else?

Thanks everyone in advance.

xninjanon

legalbeagles (dot) info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/1613320-ukpc-charge-for-parking-on-roadway-in-residential-estate-i-live-in-please-help

trying a workaround. Please replace the " (dot) "  with a .

Coupon-mad

POPLA Codes last 33 days not 28.

Tell us more about what happened and show us UKPC's photos found on their website (redact your numberplate).

xninjanon

Hi @Coupon-mad Thanks for your response. Please see below a summary of events so far. Also, I double check POPLA website and their FAQs state "You have 28 days to submit your appeal with us from the date the operator rejects your appeal". It's the 28th day today so do I submit something tonight? I'm not sure what to write in the appeal so please could you help? Work and uni have been so hectic I've not been able to catch up with this.

- 22/04/2022 - 01:31AM:
UKPC put a load of parking charge notices on all cars parked on the road around the residential estate I live in. My girlfriend's car parked out front of the flat got a ticket. There are clear double yellow lines around the estate but no one was parked on that. Everyone that got a ticket was just parked on the road without yellow lines and wasn't blocking entrance or access in any way. There is a sign around the estate for "No unauthorised parking" but people have been parking on the estate like this for years. I've lived here for over 2 years and never had this issue. Pictures I've taken at in the link below (please replace " (dot) " with ".".

photos (dot) app (dot) goo (dot) gl/v9ZZ57WNQNRJPJCz9

- 17/05/2022 (25th day):
Submitted appeal as keeper to UKPC online. I can post it here if it helps.

- 06/06/2022:
UKPC emailed a letter asking for driver details. Again, happy to post it here if it helps.

- 19/06/2022:
Responded to UKPC through another online appeal saying I'm under no obligation to provide driver details

- 10/07/2022:
My girlfriend received the final appeal response (declining the appeal) and NTK through the post at her address, which is 79 days since the parking event. We video recorded the opening of the letter for proof.

I've attached the NTK and final appeal response letter along with the UKPC photos you requested.

Whilst this has been ongoing we've tried to contact DVLA through phone, online chat, and multiple email addresses to find out when UKPC requested keeper details but keep being told to submit V888 form which is chargeable and will take 8 weeks to get a response to. I've seen on some forum posts that people were able to get a response from DVLA via email so not sure where I'm going wrong.

Coupon-mad

Please don't double check the POPLA website. We know what it says. No need to check.  Forget what they say.  What they don't tell you is they add five days for service of the rejection letter/email. POPLA Codes work and I always do them on day 32 or 33.

No need to rush.

xninjanon

Coupon-mad said:

Please don't double check the POPLA website. We know what it says. No need to check.  Forget what they say.  What they don't tell you is they add five days for service of the rejection letter/email. POPLA Codes work and I always do them on day 32 or 33.

No need to rush.

Ah ok. Sorry, didn't realise that. I was just panicking 

What's my best course of action now? Should I be appealing to POPLA or I can see on some forum posts that people were able to get it canceled by emailing BPA 

Coupon-mad

Do you rent or own a flat or house?

Why did the residents agree to the Managing Agent bringing in UKPC?

No-one should agree to that...or were you completely unaware, or was it foisted on you with some sort of pointless permit scheme?

xninjanon

Coupon-mad said:

Do you rent or own a flat or house?

Why did the residents agree to the Managing Agent bringing in UKPC?

No-one should agree to that...or were you completely unaware, or was it foisted on you with some sort of pointless permit scheme?

My sister owns the flat but these are leaseholds so she pays ground rent to the land owners.

The estate has a bunch of flats and is around 15 years old, managed by HML. I'm not sure why they have UKPC involved but as I understand it they've had that set up since they built the estate. From what I've heard, everyone in the estate is unhappy with how useless HML are. They overcharge for everything and do very little to actually maintain the estate. 

We've contacted HML multiple times about getting UKPC to cancel the tickets and ensure they don't ticket people parked here but we scarcely get a response and even we do it's just "we'll look into it". 

Coupon-mad

What does her lease say about her rights to park?  Needs looking at as it will be needed as court evidence.

Johnersh

Quite good photos. 

1. Not lit (that's a flash photo)
2. Not readable from the ground
3. No road markings. 
4. Nearest sign in another car park/near other cars, not clear the same in any event

Etc etc

pinkelephant12

@xninjanon I have dealt with HML in the past.  Their complaints procedure is quite effective.  As I recall, you complain about poor service (including their failure to help you cancel parking tickets0 to the Property Manager, then escalate to Customer Services, then to Director level.  From there you can complain to The Property Ombudsman.  If you make it clear to Customer Services that you intend to go all the way to The Property Ombudsman, if necessary, they usually take you more seriously.  Taking a case to the Ombudsman costs them about £300-£400 each time a complaint is upheld now, so they are more likely to try to resolve it.  Contact the Head of Customer Service (based in Croydon) and ask him to intervene.  It might work.  They provided me with the evidence I needed to sue a parking company and the property manager helped to get my parking tickets cancelled.  I was VERY persistent. It might have changed since I last dealt with them.