UKPC Parking Charge POPLA appeal

pixie_man

Hi, I have received a letter titled: Re: Parking Charge notifying me that my car was recorded on their clients private property parked in an area designated for registered users only. Pictures provided were very dark not really showing my car parked. I later found out it was taken on the entrance and exit. I have complained to them asking to provide better quality photos proving that I was parked in the restricted area. In response they refered me to their appeal page where I could see same photos as on the letter. I wasn't aware until I went back to that site and read all the signs that only registered cars can enter that carpark after 5pm. Between 9am and 5pm anyone can enter, but after 5pm to 9am only registered users can. Well it was not clear to me earlier. There is a sign at the entrans but on the other side of the road, not on the drivers side. In front of the entrance is Vistor Parking which is free. There are free spaces (three cars lenth) and there is one sign sort of in the middle of that bay with lots of information in in my opinion little print. I wasn't aware of this restrictions, plus when I went there it was dark, cold and pouring rain. I quickly parked an run to the restaurant I was visiting at the time. Spoke to the restaurant and was told they cannot do much about it. I am not sure who the owner of the land is to complain to them. Not sure how to find this out. 
I never received a Notice to Keeper. Never said I was a driver in the correspondence. I am now at the stage, where I want to appeal to popla. Search forum for tempaltes and it is not straight forward which one I should use. I want to appeal based on the Inadequate signage. Not sure if I can also add other points: 
Not the landowner
No standing to issue charges in their own name
Frustration of contract ?
No breach of parking terms occurred ?
BPA CoP failures?
Please advise.

Coupon-mad

No NTK is the first point to use. 

The template POPLA words (including 'no NTK served') are in the 3rd post of the NEWBIES thread. 

pixie_man

Hi I got it. It is from 2016 and I read somewhere not to use anything oldre 2017. Is this template and it's points still valid? I want to use it as it is without adding anything special from myself. Is that ok?

Coupon-mad

Show us your draft.  You are obviously using more than one point.

nopcns

Are you saying that the alleged parking contravention took place in 2016? If so, you can safely ignore it as they cannot issue a claim court claim if the alleged debt is older than 6 years.

Coupon-mad

No the OP was querying the dates of some of the POPLA examples.

They are old but still OK, and I won't be updating them because POPLA is on its way out.

pixie_man

I literrally want to copy this:https://forums.moneysavingexpert.com/discussion/comment/71390497/#Comment_71390497

I tried paste it here but it is over 2000signs too long, I think all may apply to my case, no NTK and bad signage mainly. But also about the driver, I never named them. 

Here i the first leter and correct me if I'm wrong but it is not a NTK is it?

Coupon-mad

Yes that one is fine.

pixie_man

Coupon-mad said:

Yes that one is fine.

Hi I now received update from Popla with Operator response. They say I have 7days to reply. Well only 5left. They obviously replied they have agreement with landowner but can't share sue to sensitive commercial information. They happy to present at court. They say signage in their opinion is sufficient and sent pictures made in a bright daylight. Is there any response template I can use or should I create it myself?

Coupon-mad

Responses are specific to the evidence.  See the POPLA Comments section of the third post of the NEWBIES thread.

pixie_man

On 30/12/2023, a parking event occurred relating to vehicle registration xxxx

The event was recorded by our ANPR cameras at Lock because the vehicle was not registered to park on site. The parking charge rate was £100.00, reduced to £60.00 if payment was received within fourteen days.Following the parking event on 30/12/2023, UKPC had reasonable cause to obtain the details of the registered keeper from the DVLA for the purposes of issuing a 

Parking Charge Notice (PCN) by post- a copy of this PCN is included in this pack. The PCN was issued on 03/01/2024An appeal was received from the vehicle registered keeper on the 15/01/2024, which the appeals department investigated and decided to reject.The basis of the appeal is various points we have addressed below: The site is managed by ANPR systems which simply take images of vehicle registration numbers entering and exiting a site. The vehicle was 

parked on site without the VRM of said vehicle being registered to be parked on 

site. A driver is permitted a consideration period by section 13 of the British Parking 

Association code of practice to review the signs and decide if they are going to stay 

or go. If a driver remained on site for longer than this, they are parked. This means 

that the operator does not need to show the vehicle parked within a bay or that the 

driver did not leave the vehicle. It is only required to show when the driver entered 

and exited the car park. Terms and Conditions of parking on site states that parking on site is for Registered Users only, and that the terms and conditions of parking apply at all times. We have provided evidence to show the VRM is not on the allowed parking system. Keeper Liability - Following the parking event, UKPC had reasonable cause to obtain the details of the registered keeper so that a parking charge notice could be issued by post. A copy of this notice is included in this case summary, dated 03/01/2024. Issued 3 days after the date of the parking event (where a Notice to Driver was not served), the parking charge notice complies fully with paragraph 9 of Schedule 4 of the Protection of Freedoms Act 2012 in permitting the registered keeper to be held liable to pay this unpaid parking charge.Please see attached a signage plan showing the signage locations, the entrance signage proof and onsite signage proof. We feel it reasonable to suggest that the driver was advised sufficiently of the terms & conditions of parking on site. The contract between UK Parking Control Ltd and the landowner (or their managing agent) authorising UKPC to provide parking management, and therefore issue parking charges to vehicles breaching the terms of parking, is confidential and we 

are unable to provide a copy for reasons of commercial sensitivity. As a member of 

the British Parking Association Approved Operator Scheme, UKPC is regularly audited to ensure that all relevant contracts are in place. UKPC will provide a copy of the contract to the court if they require it. At this stage we have included a witness statement that confirms the agreement authorising UKPC to issue parking charges at (SITE NAME). This statement complies fully with section 23.16b of the Code of Practice and confirms our authority in an agreement.UKPC must maintain a consistent approach when issuing and upholding a charge. In this instance, this vehicle had been parked on site in direct breach of the terms and conditions of parking on site as stated on signage. UK Parking Control signage complies fully with section 18 of the British Parking Association Code of Practice and we reject the suggestion that it is vague or misleading. Entrance signage advises motorists that terms of parking apply, and that notices within the car park should be checked to identify the full terms and 

conditions. These notices are placed throughout the car park. It is ultimately the 

responsibility of the motorist to ensure they identify the terms of parking, and then 

decide whether to park their vehicle, or leave the site if they are unable to meet 

those terms.The parking charges issued by UK Parking Control Limited are based on a 

contractual agreement between UKPC and the driver, as detailed on the signage displayed in the car park. The signage states the terms and conditions of parking and explains that a parking charge will be payable if the terms are not met by the driver. We ensure that signage is ample, clear and visible, wholly in line with the British Parking Association Code of Practice. It is settled law that a driver is deemed to have accepted the terms and conditions of parking by the act of parking and leaving a vehicle.Ultimately, it is fundamentally the responsibility of the motorist to identify the terms of parking when leaving their vehicle on private land. If they feel they are unable to 

adhere to the terms, they may leave the site before agreeing to those terms. There are sufficient signs advising drivers that parking without being registered may result in a parking charge being issued. The vehicle was not registered to park on site.; consequently, the parking charge was 

issued correctly.