UKPC present during restricted parking period

WontPayAPenny

Hi guys! This one comes as a complete surprise to me for me to receive at a free car park that I’ve been going to for years; a PCN from UKPC stating that I “was present on site during the restricted no parking period”. This alleged breach not only doesn’t coincide with the terms stated on the sign, which state “No PARKING between 23:00 and 06:00” meaning that unless they show evidence that the vehicle in question was PARKED, the alleged breach of terms and conditions cannot have occurred. This is because the presence of the vehicle quite obviously does not mean that the vehicle was parked in the area, just because it is a car park. Moreover, “the driver” was there for commerce reasons; the Burger King at the car park in question is open till 23:00. “The driver paid for an order at 22:57, and hence had to wait for the order be prepared. Somehow, I had managed to get a receipt for the order a month ago, but it’s plain ridiculous. Have I got good standing here, seeing as I do not see any POFA compliance issues with the PCN unfortunately?

Coupon-mad

Complain to the retail park = PLAN A in the NEWBIES thread.

GrannyKate

It looks as though two of the terms of parking are on white stickers so may have been changed recently

WontPayAPenny

TaDaaaaa! And here is another one. It’s the same way it always is, except that I have admitted in this case that I actually was the driver, due to the silly case that this was.

My main question is how do I fill out my Section 2 of the defence appropriately? The original notice alluded to the fact that the breach was that the vehicle “was present during the no parking period”. The “contract” (the signpost) had stated “NO parking” during the stated hours. I have bank statements which show the location and time that the payment was taken, one of which was at 23:02. We had to wait for them to prepare the food, as payment was already taken despite their closing time had surpassed. Where should the emphasis of my argument be? Should I give equal importance, or do I request amendment of the particulars, as they are not the same all around/ invalid in the first place

KeithP

With a Claim Issue Date of 6th August, you had until Monday 25th August to file an Acknowledgment of Service. Did you do that?
If not, then try and do that now, although it may not now be possible.
To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

LDast

It's the UKPC/DCB Legal bottom dwelling duo. As long as you do the AoS and file a defence, any defence (could even be a nursery rhyme as far as they are concerned) and don't capitulate as the hearing date nears, they will discontinue.

How about simply denying that you were "parked" at all and were waiting for your order to be completed. Doesn't really matter with this pair of shysters.

Fruitcake

UKPC signs are always inadequate because the £100 charge is in tiny font, and therefore incapable of forming a contract with the driver.

The term/condition about no parking between certain times is forbidding. You can't agree to do something that is not permitted. Since there is no offer to park, there is nothing to consider, therefore there can be no agreement, therefore no contract can be formed.

fisherjim

Quite ridiculous, and obviously an unfair term amongst all the other rubbish from the amateurs at UKPC.

How on earth can you have a business that is open until 23:00 but a two bit parking company decides that it would be a good idea to impose a parking embargo from exactly the same time!

Fruitcake

I wonder what is under those two white stickers, and whether the stickers were place there after December 2023. I would put those questions to UKPC and put them to strict proof the Ts and Cs haven't been changed post alleged event.

Coupon-mad

Do the AOS now.  We mean NOW or you'll get a CCJ.