Parking charge addressed to wrong name

PanHandle

DH has received a parking charge notice through the post. Letter addressed to Mr First Name Middle Name (no surname)

He was parked for 12 minutes on private land, the private land being a pub which closed pre lockdown which was unable to validate customer parking. Once he saw the signage he went to buy a drink to avoid ticket then found pub was derelict.

I have read the newbie post, would you send the standard appeal email in this instance?

Umkomaas

Standard blue text initial appeal template. The failure to show the full name is of little consequence. Check out how the name is showing on the V5C (logbook) as that's the electronic data (and its layout) that's lifted electronically from the DVLA. 

fisherjim

So basically no driver can possibly abide by the terms of parking which makes their claim ridiculous, frustration of contract IMO

Grizebeck

Appeal will be declined " after being personally reviewed by the appeals manager" 🤣

PanHandle

Thanks all. I'll try the standard appeal letter and go from there, suspect I will get the response as above

PanHandle

Would you mention the issue of the pub being shut down on the initial appeal therefore unable to verify parking using tablet as per signage? 

Umkomaas

PanHandle said:

Would you mention the issue of the pub being shut down on the initial appeal therefore unable to verify parking using tablet as per signage? 

It won't help you any. 

PanHandle

Quick response, as expected:
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Dear NAME,

FULL & FINAL RESPONSE WITHOUT PREJUDICE:

Thank you for your recent communication concerning the above Parking Charge Notice. When receiving a Parking Charge Notice it is natural to look for help online and there are plenty of advice websites that offer help in getting a Parking Charge Notice cancelled. All that the fake websites do is give false hope and increase the motorist costs and more importantly, waste your time.

As you are failing to name the driver, UKPS Limited will immediately exercise the right to pursue the registered keeper in accordance to POFa2012.

Please be advised that all photographic evidence can be viewed by typing: pay.theukps.com in to your top address browser.

This is private land that the landowner has protected with Contract Law and has designated the land for permit holders only. Other parking is only allowed with advanced direct permission or authorisation from the landowner. Any driver of a vehicle that parks on this private land has a consideration period of five minutes to read the site terms and conditions to make an informed decision as to whether or not to remain on the land. Should the driver of the vehicle decide to remain on the land, then the driver automatically accepts the terms and conditions. The consideration period is not a period of free parking. With this in mind, our CCTV operative provided the following account of the contravention:
'Vehicle arrived on site and parked in a bay in front of the tree line. 4 people walked off-site into McDonald's & back to the vehicle from McDonald's then Drove offsite. At no point did any occupant attempt to read the signage located across the site, therefore the driver of the vehicle automatically accepted the site terms and conditions. No permit registered to the VRM - No permission from the landowner - unauthorised parking session. CCTV footage will fully support the contravention.'
Therefore, the driver of the vehicle was in direct contravention of the site terms and conditions. The signs are clear and have been audited and approved by the trade governing body, the IPC.

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: http://www.bbc.co.uk/news/uk-scotland-tayside-central-39478203

We appreciate that this is not the outcome you will have hoped for, however this decision is final.

If you are not happy with our decision, you can contact the IAS (www.theias.org) standard Appeals service within 21 days of this appeal being declined. Please note that should you choose to appeal with the IAS and they dismiss your appeal, you will no longer have the option to pay the reduced amount of £60.00 and will be required to pay the full amount of £100.00.

If you choose to do nothing, after 56 days from the incident date, the parking charge will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £60, in accordance with our terms and conditions of parking and further charges will be claimed if Court action is taken against you. Any unpaid Court Judgement may adversely affect your credit rating.

PLEASE DO NOT IGNORE THIS LETTER. UKPS LIMITED REGULARLY TAKES MOTORISTS TO COURT WHO IGNORE THEIR PARKING CHARGES.

Their bank details any payment methods here 
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"Vehicle arrived on site and parked in a bay in front of the tree line. 4 people walked off-site into McDonald's & back to the vehicle from McDonald's then Drove offsite. At no point did any occupant attempt to read the signage located across the site, therefore the driver of the vehicle automatically accepted the site terms and conditions. No permit registered to the VRM - No permission from the landowner - unauthorised parking session. CCTV footage will fully support the contravention.'
Therefore, the driver of the vehicle was in direct contravention of the site terms and conditions. The signs are clear and have been audited and approved by the trade governing body, the IPC."

They fail to recognise that after they saw the sign they tried to access the pub to buy a drink only to find it derelict, there was no possible way to access the VRM to register and get permission. He also saw and read the signage as he took a photograph at the time. 

PanHandle

Sorry for posting herr again, I've read the newbie guide many times and I'm unsure...

The appeal was rejected (no surprise there) what is the next course of action, should I complain to the IAS? 

Coupon-mad

Ask them for the CCTV moving footage in full, not just cherry picked still images.  Tell them that their operative's account is completely wrong and that's why the CCTV footage itself is needed, which you know will not have been deleted yet so you want a copy now, under your SAR rights.

And tell them this (below) is hilarious and we are all laughing about their reply on MSE and of course no-one has advised to use the self-serving 'kangaroo court' of IAS which everyone knows would be futile.

When receiving a Parking Charge Notice it is natural to look for help online and there are plenty of advice websites that offer help in getting a Parking Charge Notice cancelled. All that the fake websites do is give false hope and increase the motorist costs and more importantly, waste your time.

'Fake websites! They sound like Trump. By being here you are being advised by someone on the Govt Steering Group (me).  Nothing fake about what we do here, we are very well respected.

PanHandle

Thanks Coupon-mad, appreciate you taking the time to respond. I was expecting their next paragraph to suggest drinking bleach 

From looking at the IAS site something felt odd, I'm glad I checked