Read the Newbies guide but still need some pointers about parking ticket (sorry, I'm stuck)

themightypea

Hi.

I've gone through the Newbie guide a couple of times but I'm struggling as there are a couple of points that I need clarificaiton on.

Firstly - The situation

I received a parking ticket on 17/09/2022 in a KFC Car Park in Liverpool at around 9.30am. I had just gone through the McDonalds Drive Through (where I purchased breakfast) and drove around the corner and unknowingly entered the KFC Carpark (I thought it was all part of the same complex as it was also next to a larger shopping center car park as well. The Carpark "Opening Time" is 10am and I didn't see the signs as I entered into that section fo the retail park. I was there about 30minutes and then left.

Points that are / might be of some importance.

The first time I was aware of this was when I received a "FINAL REMINDER" from UKPC dated 1st October (received on the 8th October)

The letter states that "Despite issuing a Parking Charge Notice on the Vehicles" (They did not do this because I never left the car and I think I would have noticed) and "and writing to you previously" - No previous letter has been received. Are they in breach of any timescales here at all because surely if they are saying that they issued a ticket on the vehicle I should be getting a 28 day period to pay before receiving a final reminder (which is what they have sent 15 days after the "violation" was committed)?

The offence happened in England but I live, reside and the car is registered in Scotland. I'm not sure what effec this has on things like POPLA or replying as the "registered keeper" some steer on thiis would be useful please.

Despite the letter being received on the 8th of October I am now (according to the letter) outside of the 28days allowed for appeals. What should I do here? Still appeal to UKPC or should I wait to see who it is passed on to from here.

Next Steps

If someone could please let me know what my next action should be from here I would appreciate it as I'm a little overwhelmed by all of the content and because there are the variations above I'm a little confused as to what I should do right now.

Thanks in advance.

Fruitcake

No violation or offence has occurred.

Plan A is always for the keeper to complain to the landowner and their MP.

The law of England and Wales cannot be applied to a Scottish resident. I suggest the keeper complains to UKPC stating that there was no notice to driver given at the time of the alleged event, and in any case the keeper cannot be held liable since the PoFA 2012 was never enacted in Scotland.
They should cease and desist now to save themselves money or issue a claim in the Scottish Courts using the Simple Procedure rules/Act of Sederunt.

Do not under any circumstances reveal the driver's identity. Do not use any of the terms you used in your first post.
Only refer to The Driver and The Keeper, who are two different people as far as the law is concerned.

Warning! Thanks to the actions of your Dear Leader, keeper liability will be introduced into Scottish law in the near future. So much for wanting independence from south of the border.
When this happens Scottish motorists and Scottish courts are going to get a nasty surprise.

themightypea

Fruitcake said:

No violation or offence has occurred.

Plan A is always for the keeper to complain to the landowner and their MP.

The law of England and Wales cannot be applied to a Scottish resident. I suggest the keeper complains to UKPC stating that there was no notice to driver given at the time of the alleged event, and in any case the keeper cannot be held liable since the PoFA 2012 was never enacted in Scotland.
They should cease and desist now to save themselves money or issue a claim in the Scottish Courts using the Simple Procedure rules/Act of Sederunt.

Do not under any circumstances reveal the driver's identity. Do not use any of the terms you used in your first post.
Only refer to The Driver and The Keeper, who are two different people as far as the law is concerned.

Warning! Thanks to the actions of your Dear Leader, keeper liability will be introduced into Scottish law in the near future. So much for wanting independence from south of the border.
When this happens Scottish motorists and Scottish courts are going to get a nasty surprise.

Thanks for this Fruitcake. Just like to clarify that she is in no way shape or form "MY" Dear Leader. I'd rather vote for a tartan dressed haggis.

Coupon-mad

LOL! That's what we think about her South if the Border, too. Seems to have her own agendas.

Anyway you can ignore a private PCN in Scotland and all the debt demands.  But make complaints to try to get the monkey off your back.

Sounds like you need to complain to the retail park and it'll be cancelled. If you can drive round from the McD drive thru at 9.30am (presumably on a Sunday) then WHY are PCNs being issued?  Clearly the drive thru is open so the terms are operating unfairly.

Make a fuss but WITHOUT SAYING YOU WERE DRIVING.

You should also complain to the BPA online about UKPC failing to send you a Notice to Keeper or any PCN.  Again, use careful language not implying who was in the car.