Private Parking charge challenge 11 October 2022 at 8:57PM edited 11 October 2022 at 9:09PM in Parking tickets, fines & parking 71 replies 1.8K views

Sledger

Just got your message CM and deleted the draft and resubmitting it here.

Playing ignorant on the blue batch and removed all reference to it and used the wording on the PCN.

 I have asked for T&C and CCTV in standard paragraph 2 

 Got conflicting owners details from various retail outlet and B&Q stated Crown land and then pursued on google and got a kind of dear john buck pass and o write to UKPC.

Has anybody complaint to BPA  on this disabled discrimination as saw your comment on another MSE example on one of your links but lost track

is this now Good to go 

Re PARKING CHARGE PCN number:******

I have been handed this 'parking charge', which I dispute as the keeper of the vehicle. I deny any liability or contractual agreement and am considering making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving, and no assumptions can be drawn. Since your Parking Charge is a vague template, I require an explanation of the allegation and your evidence. You must include a close-up actual photograph of the sign including T&C you contend was at the location on the material date as well as your images of the vehicle including any CCTV footage before it elapses.

1). Disabled Parking Badge discrimination

The UKPC parking Charge has limited information and states "without clearly displaying a valid disabled person's badge "   UKPC demanding drivers to display a disabled badge when using the disabled parking bays, does not mean they are not disabled; the Equality Act does not require the driver to display any sort of badge or permit. Anyone who fits the lawful definition of disability is entitled to make use of the ‘reasonable adjustments. UKPC are adding arbitrary rules to the lawful right of someone to use a ‘reasonable adjustment’, and this could be considered discrimination and a breach of the Equality Act 2010. 

If your sign states only disabled people with a badge can park in a disabled bay its discrimination against people who have a disability and/or protected characteristics under the EA 2010, but don't have a  badge. Since the landowner employ UKPC then they are jointly in breach of the Act.

2). Disabled Passenger

An elderly occupant of the vehicle is disabled with a leg injury,  Please see attached photographs of the swollen leg due to a motor bike accident severing all ligaments from the knee down. The leg frequently becomes infected due to the insertion of a metal Rod causing extreme pain and swelling impairing mobility and will forward the medical report which is in process if needed as support..
 

3). Please Cancel PCN

Accordingly, now you have been made aware of the fact of the disability ( which I assume your warden was not aware of) please close this unnecessary pursuit and cancel this PCN forthwith in order for you NOT to be accused of breaking Disability Discrimination laws.

Name of keeper ________ 

Address________________

Coupon-mad

BPA won't be interested as it's not a breach of their code.  That looks OK, won't be accepted but looks OK to get you a POPLA code, which is the aim!

Sledger

Coupon-mad .Has Plan A failed, then?

This is the dear john on plan A after a long search and still not sure if  they are the current owner.as it may have changed again

Good afternoon,

 Thank you for getting in touch with Royal London, my team have investigated your comments and we cannot provide any advice. As this ticket was given by a private parking firm you will have to go through the channels given to you on the ticker in order to dispute your ticket. We cannot advise as a company as we only own the land we cannot comment on any ticket given. I am sorry we cannot be of any assistance but I do hope you can get this sorted through the appropriate channels. 

 Their investigation did not appear to be concerned about them to "maybe " in the discriminating loop

 I really wanted to include this clause as ownership recently changed and  UKPC may have not updated this 

 Contractual Authority  (as required by BPA Ltd AOS CoP B.7) Is this current and still Valid

Please provide me with a copy of the contact between your company and the Landowner/Landholder that provides the necessary contractual written authority for the issue and enforcement of your PCN

I have not mentioned if the disabled occupant was driving or a passenger which you previously asked. If they do not cancel the PCN  as asked I will  have to provide evidence of the disability which will give their ID  and not sure why UKPC   need to know.  In cases where the disabled person was driving its effectively named the driver.    

Coupon-mad

You won't get a copy of the landowner contract until POPLA stage, so no point asking for that.

Sledger

Coupon-mad said:

  That looks OK, won't be accepted but looks OK to get you a POPLA code, which is the aim!

The UKPC online input exceeds their 2000 limit so end bit will be sent as a screen shot attachment along with the leg JPEG later  this evening 

 Am I likely then to get a generic rejection and what's the normal turn around.? Read here that if they don't send this POPA  code that's a silver bullet and I have a 28-day time limit to lodge it with POLA

There is a lot of learning to do here but can't find much info on the newbies after Plan B on the POPLA process. So do I wait for day 56  for no NTK issued "    If the NTK arrives late, this does not make the PCN 'void' but it means there is 'no keeper liability' possible." and I will advise UKPC accordingly as keeper I have no longer any liability to cancel it and will not enter into any more discussion. the end.

However then why this stage to POPLA.? "You must include 'no keeper liability' at POPLA stage if you do NOT receive a NTK at all in that time, and you will win as long as you make the missing NTK clear to POPLA." Is that the only reason I have to give POPLA or do I need to send them my Challange to UKPC as well.

if i get the NTK before day 56 Do I just sent them my challenge to UKPC . 
 
sorry if this is already described but done so much reading going giddy  and have 3 separate MSE  pages open rather than keep   back paging  and hit links so can read them all separately  Bit computer illiterate

Coupon-mad

You just use the POPLA appeal points already there for you in the third post of the NEWBIES thread.

Sledger

Just Got quite a polite response dated 26 Nov to the 9 October PCN  so now day 48.

looks a bit generic as already advised I will not be naming the driver and no reference was made to the driver as their acknowledgement comment.  Now have a further a 7 day deadline to get the POPLA code 

Thanks again guys for the help and support.

 so on day  day 6 ill simply reply as below where comments /suggestions welcomed 

Thank you for your reply but it does not really address the points raised in my challenge. Accordingly, can you please address what is being asked. 




UNITED KINGDOM Date: Reference: Registration: 26 November 2022 **** Dear Mr****

 Thank you for your recent correspondence in relation to parking charge reference *********. To assist us in making a decision regarding your appeal, please confirm the full name and address of the driver to our Appeals Department within seven days of the date of this letter.

 Schedule 4 of the Protection of Freedoms Act 2012 discusses the recovery of unpaid parking charges. It allows parking operators to hold the registered keeper liable to pay unpaid parking charges if the operator has not been provided the name and a serviceable address of the driver.

Please also attach a valid disabled blue badge. Although a Blue Badge does entitle motorists to park for restricted lengths of time in certain locations, it does not enable motorists to park in contravention of the terms and conditions of parking. It is the drivers responsibility to read the unique signage for each site you visit to check the terms and conditions for parking. Furthermore they can refer to their blue badge scheme rights and responsibilities handbook.

Whilst we acknowledge the comments made by the driver and recognise disabled motorists often require further adjustments to be made in regard to parking arrangements (provision of dedicated bays being one example). Ultimately, however it is fundamentally the responsibility of the motorist to identify the terms of parking when leaving their vehicle on private land.

This information may be confirmed by submitting another appeal on our website at www.ukpcappeals.co.uk, or by post to the address overleaf. Please ensure that if writing to us by post that you include the parking charge reference number and vehicle registration.

Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received. At this stage a POPLA verification code will be provided. The parking charge has been on hold whilst under appeal and may be settled in full at the reduced rate of £60.00.

Yours sincerely

Umkomaas

Standard UKPC reply to try to squeeze out the driver's identity. Just ignore it and your POPLA code will come through at around day 35 from the date of your initial appeal. Nothing to see here. 

Coupon-mad

Yep, ignore that guff.

Sledger

Day 57 and No NTK . Is it worth replying to them now stating. "As Keeper I no longer have any liability as a NTK has not been sent within the required 56 Day time limit. Accordingly, please close this case forthwith with confirmation to avoid wasting any more of my and involving POPLA ;