UKPC parking ticket for parking in disabled bay with expired blue badge - scotland. pch car.

imran999

A vehicle was parked in a scottish retail park and the occupants were shopping in tesco. On return they had a parking charge notice from UKPC for failing to display a valid blue badge. The blue badge was expired several days and the occupant was awaiting her new badge arriving. (it has since arrived)

The car in question is on lease from BMW FS and on enquiry the occupant was told BMWFS would forward the fine and charge admin fee to the leaser.

Occupant has spoken to tesco manager who said they cannot cancel car park tickets as they don’t own the car park and don’t employ ukpc. 

It is day 26 and the charge is at £100.  Should the occupant just pay the fine or is there a reasonable chance of this being cancelled?  Should they lodge appeal or wait?

Umkomaas

It is day 26 and the charge is at £100.  Should the occupant just pay the fine or is there a reasonable chance of this being cancelled?  Should they lodge appeal or wait?

No need to even consider being railroaded into paying any private parking ticket in Scotland, so hold your horses. 

Wait to see what you receive in the post (which should come from UKPC, not BMWFS), but you must get back to BMWFS to make sure they have formally informed UKPC that you are the lessee, tell them that under no circumstances are they to pay 'on your behalf', as you will be dealing with this from here on. 

Initial phone call to BMWFS, followed up in writing.  Remind them of the agreement (Memorandum of Understanding) between their Trade Body (BVRLA) and the BPA (British Parking Association) for handling lease/hire vehicle private parking charges. 

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

fisherjim

Tesco don't engage UKPC as a rule so you would be better finding out who owns/manages the retail park, but as Umko states very unlikely to get anywhere in Scotland with this so don't engage with UKPC muppet factory.

Fruitcake

It is imperative that the hirer/lessee hooks this away from the hire/lease company, in writing as already advised.
If the vehicle is registered to a Scottish address, then the registered keeper (the hire/lease company) cannot be held liable. They should already know this, but it won't hurt to remind them that they have the choice of ignoring this without ever becoming liable, and without ever incurring any costs.
In the alternative, they can provide the name and address of the hirer/lessee.
Note that they cannot provide the name and address of the driver unless an employee of the hire/lease company was present at the time of the alleged event such that they can swear to the identity of the driver under a signed statement of truth.

If no member of the hire/lease company was present at the time of the alleged event and at the material location, then they cannot identify the driver to the PPC, and to do so would be perjury. 

imran999

I have written to bmwfs to advise them of the above.    In terms of the parking ticket, should i let the 28 days lapse, do i lodge an appeal , or do i do nothing until i get a letter from ukpc (having being referred on by bmwfs)?

Fruitcake

Unless and until the hire/lease company transfers liability to the hirer/lessee by passing their details to the PPC, it is BMW FS's problem.

Nobody else is involved.

If the hirer/lessee receives a NTH then they can deal with it from then on, but not before.

Coupon-mad

Safer to respond to the NTH that is posted to you, with a first stage hirer appeal (as per NEWBIES thread) and attaching proof that the hirer has a renewed Blue Badge.  You can say the hirer was 'an occupant of the car' and displayed the Blue badge they had, and the delay in getting the renewed version was down to the service that issues them having a backlog,

No saying who was driving. Careful wording!

The reason to appeal, is to stop UKPC even thinking about sending another letter to BMW if you are silent.

So respond as hirer/lessee.

imran999

ok some further updates on this.  BMW have forwarded my details to UKPC.  UKPC have sent me a letter stating notice to hirer;  You were the hirer (your information supplied to us by the registered keeper.  Pay £100 etc etc
I have ignored this letter.  2 weeks later, another letter; stamped Final Reminder, 
This time UKPC have stated
Dear MR XX XXX
We wrote to you previously explaining you were the driver of the above mentioned vehicle when the vehicle was recorded on private property as follows...
{notice of parking infringement}
You have been identified as the driver of the above vehicle that parked in breach of the terms and conditions etc etc


So I have not corresponded with UKPC at all.   BMW have said i was the hirer of the vehicle (but haven't stated i was the driver).
Are UKPC trying to pull a fast one and get me to correspond with them by saying i was identified as the driver?

Should i ignore this latest later?  (Dated 20 days ago now)

Coupon-mad

Safer to respond to the NTH that is posted to you, with a first stage hirer appeal (as per NEWBIES thread) and attaching proof that the hirer has a renewed Blue Badge.  You can say the hirer was 'an occupant of the car' and displayed the Blue badge they had, and the delay in getting the renewed version was down to the service that issues them having a backlog,

Given my advice above, and this post by @Umkomaas

Wait to see what you receive in the post (which should come from UKPC,)

...and @Fruitcake's reply here:

If the hirer/lessee receives a NTH then they can deal with it from then on, but not before.

...not sure why you ignored the NTH?  You should be appealing it as the hirer, so that you are confirmed as the hirer to stop UKPC writing to BMWa again.  

Fruitcake explained why:

It is imperative that the hirer/lessee hooks this away from the hire/lease company, in writing as already advised.

imran999

Checking online, i see the bill has risen to £170.   

Yup, i took my eye off the ball.   Going forward.  Do i wait the next letter or write an appeal as per @Umkomaas?

What are my current options?

Coupon-mad

It's not a bill, nor a fine.

Surely the NTH is still in time to appeal to confirm you were the hirer and attach what I told you to attach?  Do it now, online.

Not because the appeal will win but to hook it away from BMW.  That is your ONLY danger, if BMW pay it, which is why we all told you to respond to the NTH.