UKPA refusing forum template

jacksmummy2012

Hi everyone 

 

I've used the forum (newbie section) to construct a template to appeal an overstay for a ticket from UKPA. My child however had to be taken to hospital due to falling over in the car park on arrival. An ambulance arrived and took us directly from the car park. This was also mentioned at the end of the appeal. I can attend the hospital again if I need evidence. I was also contemplating the possibility of taking out a civil suite due to the safe area. Anyhow.... 

 

This is the response from them.  

 

Thank you for your appeal against the above Parking Charge Notice (PCN). We have carefully considered your appeal, however on this occasion the appeal has been declined. The above vehicle was parked at           between -Aug-2024  PM and . A Parking Charge Notice (PCN) was issued and sent via the post, in accordance with the Parking Terms and Conditions as outlined on the signage at the site. You appealed to us on -Aug-2024. We believe this parking charge has been processed correctly and you have not raised any grounds requiring further investigation, so we are denying your appeal. If you choose to ignore this Parking Charge Notice or otherwise fail to identify who was driving the vehicle when the terms and conditions of parking were breached, UKPA may take steps to recover the Parking Charge from you as the driver of the vehicle. Such proceedings may require you to provide details of drivers insured to drive the vehicle. If you state you have or you have allowed another to drive your vehicle at the time of the breach but fail or refuse to identify them, the court can reasonably assume that it was more likely than not that you were the driver. If you identify another person and that person was not insured to drive the vehicle or are unable to provide evidence confirming the person was not insured to drive the vehicle, consideration will be given to referring the matter for criminal prosecution where a fine of up to £5,000 and 6-8 penalty points can be awarded. You have stated you were not the driver, please provide the details of the driver so that we may pursue them for the breach, if you fail to do so consideration can and will be given to pursuing you as being the driver at the time of the parking breach. As your appeal has been rejected you now have two options; you can either pay or appeal to POPLA - you cannot do both: Option 1: You can pay the total amount due as shown above via the following payment options: Online: By credit or debit card at www.ukparkingadministration.com/pay Post: Please make cheques payable to UK Parking Administration Ltd, and post to: UK Parking Administration Ltd, 124 City Road, London, EC1V 2NX Please also include your PCN number and Vehicle Registration. Failure to pay the full amount of this notice by Sep-2024 may result in debt recovery action and/or issuing court proceedings against you. Additional costs may be incurred. Option 2: You can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the POPLA Reference code:  

 

Is it worth paying or taking it to POPLA. Please help  

Coupon-mad

Wow.  The parking industry are reaching new lows with this drivel:

" If you choose to ignore this Parking Charge Notice or otherwise fail to identify who was driving the vehicle when the terms and conditions of parking were breached, UKPA may take steps to recover the Parking Charge from you as the driver of the vehicle. Such proceedings may require you to provide details of drivers insured to drive the vehicle. If you state you have or you have allowed another to drive your vehicle at the time of the breach but fail or refuse to identify them, the court can reasonably assume that it was more likely than not that you were the driver...

...consideration will be given to referring the matter for criminal prosecution where a fine of up to £5,000 and 6-8 penalty points can be awarded."

Yeah, right!

LDast

jacksmummy2012 said:

Is it worth paying or taking it to POPLA. Please help  

Absolutely, 100% do not pay this extortion. Why do you imagine that an unregulated private company can simply issue you an invoice for an alleged breach of contract by the driver and that you are somehow obliged or compelled to give them the identity of the driver?

They are a firm of ex clamper thugs with the intellectual maturity of cow dung. They are not an authority who can issue fines or penalties and the driver or keeper have committed no offences.

Their threats in their response breaches their own AOS  Code of Practice (CoP) by mentioning and insinuating that they have the power to make a decision in a criminal matter.

You must appeal to POPLA and point out their breach and outrageous claims.

what is not clear from your OP is whose car park was this? Was this in a hospital car park? You should make a formal complaint to the landowner about their agents behaviour.

Grizebeck

What an utter load of tripe they have come out.
I honestly do not know who parking firms think they are 

patient_dream

UKPA have moved into the sewers with this rubbish

How proud the BPA must be having a member who threatens with rubbish 

As said, show the landowner  the letter and most important, your MP to take this up with Angela Rayner so she can see how the wild west works with parking companies.  This is a clear indication the the delayed new Parking code of practice should come into force as a matter of urgency

Such a junk letter proves that parking companies are not suitable to offer an appeals service

Appeal to POPLA, they are just as daft as UKPA. Even if you lost with POPLA, it matters not. Will UKPA risk a Judges reading their rubbish ???

jacksmummy2012

Ok its not just me shaking my head at the wording! 

With this I will be appealing to POPLA, it was such a stressful time without this rubbish. 

Can someone direct me to a template for a POPLA appeal? Is it worth making a civil claim or at least starting proceeds to get them to actually do some work. very annoyed at this whole saga

It was a retail car park. 

Umkomaas

jacksmummy2012 said:

Ok its not just me shaking my head at the wording! 

With this I will be appealing to POPLA, it was such a stressful time without this rubbish. 

Can someone direct me to a template for a POPLA appeal? Is it worth making a civil claim or at least starting proceeds to get them to actually do some work. very annoyed at this whole saga

It was a retail car park. 

NEWBIES FAQ Announcement, third post, will provide you with most of what you need to develop a decent POPLA appeal - template appeal points with just a bit of tweaking to match your parking event. 

What would be the basis of your 'civil claim'?

jacksmummy2012

Umkomaas said:

jacksmummy2012 said:

Ok its not just me shaking my head at the wording! 

With this I will be appealing to POPLA, it was such a stressful time without this rubbish. 

Can someone direct me to a template for a POPLA appeal? Is it worth making a civil claim or at least starting proceeds to get them to actually do some work. very annoyed at this whole saga

It was a retail car park. 

NEWBIES FAQ Announcement, third post, will provide you with most of what you need to develop a decent POPLA appeal - template appeal points with just a bit of tweaking to match your parking event. 

What would be the basis of your 'civil claim'?

Unsure it will support my case, however my son needed to be taken to hospital by ambulance crew due to falling over one of the humps in the road on their grounds. 

jacksmummy2012

LDast said:

jacksmummy2012 said:

Is it worth paying or taking it to POPLA. Please help  

Absolutely, 100% do not pay this extortion. Why do you imagine that an unregulated private company can simply issue you an invoice for an alleged breach of contract by the driver and that you are somehow obliged or compelled to give them the identity of the driver?

They are a firm of ex clamper thugs with the intellectual maturity of cow dung. They are not an authority who can issue fines or penalties and the driver or keeper have committed no offences.

Their threats in their response breaches their own AOS  Code of Practice (CoP) by mentioning and insinuating that they have the power to make a decision in a criminal matter.

You must appeal to POPLA and point out their breach and outrageous claims.

what is not clear from your OP is whose car park was this? Was this in a hospital car park? You should make a formal complaint to the landowner about their agents behaviour.

Taking this advice, it appears the land owner is the local authority. Who are also known to be particularly heavy handed with PCNS. Who exactly would you serve it to in the council.

Is there a template of this complaint at hand?

Thank you

LDast

UKPA are not an "authority" of any kind. They are simply an unregulated private parking company that can only issue "invoices" dressed up to appeal as theft the are "fines". If the land they are contracted to operate on is local authority owned land, then even better. Check for any off-street parking orders that abolish the statutory control of the land.

You have every right to complain to the landowner as they are jointly and severally liable for the actions of their agents, even if they are a local authority.

Coupon-mad

Someone has just posted a site-specific POPLA win v UKPA in POPLA DECISIONS.

Might be worth reading their thread in case it's the same site?