PCN during vehicle breakdown

Avol

Hi all,

Can anyone advise on what to answer to a parking operator.
My circumstances: I have received a PCN from approx a month ago, when I have visited a pets shop located within a retail park. When I have entered the car park I have hit one of the kerbs in front of the shop (which is unusually elevated) and one of my tyres exploded following the impact. To cut the story short, I wasn’t able to drive the car out of the car park immediately as it would
further damage my rim so I called my neighbour ( for the record I live in the area) who came to help me as I was unable to remove the wheel. My neighbour arrived with all necessary tools and helped me to put the spare wheel on. The whole situation took around 3 hrs before I have left the car park. Now the money grabbing !!!!!! (UKPC) were very quick in issuing a PCN which I have immediately challenged ( I have also attached a time stamped photo from
the site while working on my wheel, which I was lucky to take at the time in order to send it to my wife ) however now they have sent me another email trying to carry on with the charge. I’m so !!!!!! off that I feel like I’m going to explode, the times are difficult and these unethical companies are consistently trying to rip people off especially when there is so obvious that the situation could not be avoided. Please see below the reply I have got from them. What is your advice? Should I recognised that I was the driver? What else did they expect me to have done?? The car was simply not fit for driving, plus I have never left the car unattended for a minute as I and my neighbour were both there trying to replace the wheel.

” Thank you for your recent correspondence in relation to parking charge reference xxxxxx.

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.

Also, please provide us with a breakdown recovery invoice/receipt.

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,

Appeals Department UK Parking Control Ltd”

Umkomaas

I would get your neighbour to provide a witness statement to confirm the work he did on your vehicle. Send that with a covering note to UKPC, but I wouldn't bother responding on who the driver was. 

This is a 'minor vicissitude' which judges have determined should not incur parking charges. Use that phrase in your covering note. 

Fruitcake

Plan A is always to complain to the landowner and your MP.

Don't name the driver. If UKPC are asking for the driver's details, then it may mean the NTK was non PoFA compliant which will mean it would be easy to beat at PoPLA.

Do as advised by Umkomaas above but only refer to The Driver and The Keeper who are two different people as far as the law is concerned. Include a copy of the replacement tyre receipt if you have it. If UKPC won't cancel it then the keeper should complain to the BPA.

Alternatively wait for your rejection and PoPLA code then make a PoPLA appeal.

Avol

Thanks to both of you for advice.
I have a receipt from the garage where the work has been done but it is from the day after the date of the incident.
I have also asked my neighbour to put together a brief statement for me. Is there anything in particular that the witness statement should include?

Umkomaas

The distance from his home to car park, the time to get to the car after your first contact (reasons like traffic conditions if delayed), confirmation of the damage, the work necessary to rectify, the amount of time taken to rectify (very important), weather/light conditions (if helpful).  There's a few ideas. 

Avol

Thanks 
I’ll keep you updated with the response 

diystarter7

OP
Did you not consider paying a few quid to get another ticket, etc?
Just asking as it would have saved you a lot of trouble.

The "unusually elevated curb"  could be a design fault and a hazard to drivers and if so have you considered claiming compensation?

I hope it's all sorted out quickly. Good luckD

Umkomaas

diystarter7 said:

OP
Did you not consider paying a few quid to get another ticket, etc?
Just asking as it would have saved you a lot of trouble.

The "unusually elevated curb"  could be a design fault and a hazard to drivers and if so have you considered claiming compensation?

I hope it's all sorted out quickly. Good luckD

How do you do that in what appears to be a free car park?  If it was an ANPR P&D car park, it is often not possible to 'feed' the machine for additional time; the system expects you to drive out of the car park within the original purchased time, then re-enter to create a new and separate parking event, that's often the only way to avoid a £100 PCN. 

Avol

@diystarter7
It was just a normal
retail car park that I visit on a regular bases, especially to shop at B&M and Pets at home. No ticket machine or anything like that, plus when it happened I was so frustrated as I couldn’t even remove my wheel with my normal torque wrench that’s why I had to call my neighbour who I know has a auto park. Even he struggled with it, so last thing that crossed my mind was to worry about the parking ticket. Claiming compensation I don’t know what to say, the kerb itself has a lot of marks from other vehicles coming in contact with it so definitely not very well constructed , but at the same time it was on my blind spot so I swerved right into it..not sure how that would pan out if I claimed compensation, just too much headache. All I want is for them to cancel this ticket as there was no way for me to drive the vehicle out of the premises without putting myself and others at risk.

Coupon-mad

The retail park is bound to get this cancelled if you write & complain, ask them to step in and get it cancelled and tell them if they do, you will call it quits and will not pursue the damage caused by their extremely and unusually high kerb that they may be well advised to lower.

Word it politely but firmly, making it clear what you want them to do, and I think they'll get the PCN cancelled.

Avol

I have sent UKPC a copy of the witness statement written by my neighbour together with a receipt from the garage that have replaced both front tyres and repaired my rim. Additionally they also have a time stamped photo taken at the location while we were working to put the spare wheel on…so not sure what else they will need. Will see what their response is.