Advice please re UKPC Final Reminder. Newbies thread has been read.
You have issued me with a Final Reminder dated 28/10/2023. It refers to having written previously but does not quote the date. I did not receive it. The Final Reminder was delivered on 9th November 2023. I believe it was unfairly issued.
If you contend that a Notice to Keeper was issued at the appropriate time, I invite you to forward to me a full copy with proof of posting. Without that, it can only reinforce my assertion that none was issued and I would invite a court to draw the same inference.
I will anyway not be paying your Final Demand for payment for the following reasons:
There was insufficient signage
The car park in question has no clear signage to explain the parking restriction that you allege that I contravened. This means that no contract can be formed with the landowner and the ticket was issued illegally. Your letter includes a photo of the vehicle parked in the XXXXXX car park on 7/11/2023. It shows that the car is parked against a fence and does not provide any form of obstruction or prevent anyone having access to anything. And this is in a car park that is open to the public. The letter refers to additional images being available on a website. Those photos include one which shows a white piece of paper on the dashboard – being a ticket for the correct time to remain in the car park. Payment for that ticket can be confirmed from Credit Card records. The website photos include one of a sign. However the sign cannot be read even when the image is enlarged so there is no point including the photo. The car park was very busy that day and there were several attendants on duty – presumably employees of yours or of a company contracted by you. None of them took any steps to advise drivers (the photo shows others parked in the same area) that parking is not permitted in that location. There is no signage/cones/barrier to provide any indication of a restriction nor any physical barrier to show that parking must not occur there. It seems to me that this is a form of “entrapment” where it is intended that vehicles will park in the location so that a PCN can be issued. The timing of the photo (a few minutes after the football match locally kicked-off) adds to that view. I wonder if PCNs are issued at a similar time after the kick-off of every XXXXX home fixture for parking in that location? As the car park is advertised by XXXXX FC for matchday parking I imagine they would not want fans charged unreasonably.
Ownership of premises.
Please tell me who owns the car park as I wish to send them a copy of this letter and complain about your letter..
Contractual Authority (as required by BPA Ltd AOS CoP B.7)
Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.
I have read so many different threads on this site and as a newbie it is a lot to take in. Please accept my apologies if I have missed things. My draft letter is obviously not your template but I have included details that seem to me relevant. Any advise you can offer will be very gratefully received.
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