UKPC invoice received for parking during restricted period

Yanbando

Hi,

I have received an invoice from UKPC and I will need your advise please. Here is a summary of the letter I received

Date: xx/xx/xxxx
Dear xxxxx

Re: Parking Charge
The vehicle was recorded on our client's private property at xxxxxxxx, from xx/xx/xxxx 22:29 to xx/xx/xxxx 22:34. The vehicle was present on site during the restricted no parking period.

They are asking me to pay £100 (£60 if I pay within 2 weeks). I wrote to the landowner but they said I should deal with UKPC directly. So I prepared this as my appeal (please let me know what you think):

PCN Number: xxxxxxxxx

Hi UKPC,

I dispute your "parking charge", as the keeper of the vehicle for the following reasons:

1: No Evidence of Landowner Authority - the operator is to put strict proof of full compliance with the BPA Code of Practice

2: Unclear, Inadequate, and Non-Compliant Signage
The signage at the xxxxx is not compliant with the BPA CoP, particularly with regard to clarity and visibility. Signs must clearly outline the terms and conditions of parking, including any charges that may apply and must be visible at all times.

There is no signage for "prohibitive parking as you enter and such signs are only found in the car park after the cameras have been used"

As a keeper, I request you to provide clear pictures of the signs that clearly tell motorists about the restricted hours.

3: Inadequate Photographic Evidence - Non-Compliance with BPA Code of Practice Section 20.5a
The photographs you provided as definitely not clear, we can't even identify if that's a car and if it is parked or not. The operator has therefore failed to provide sufficient evidence that the vehicle was present onsite on the alleged date. Without clear images, the PCN cannot be upheld.


4: Confusing and Contradictory Information:
At the entrance to the car park there are several notices which state:
*These gates will be locked when the store is closed - And yet the gates were opened despite the shops being closed for several hours
**2 Hours Maximum Stay - And yet the "Parking Charge" was issued for an alleged 5minutes parking

5: No contract, No Breach: the driver denies any liability or contractual agreement with you. As per Protection of Freedoms Act 2012, Schedule 4 a parking charge can be issued :
*in the case of a relevant obligation arising under terms of a relevant contract, means a sum in the nature of a fee or charge, and
**in the case of a relevant obligation arising as result of a trespass or other sort, means a sum in the nature of damages.
There is no parking allowed at the time the vehicle was there, so there is no liability or contractual agreement with you and the driver. 
Furthermore the amount of the invoice is excessive and disproportionate for a vehicle being in a car park for 05 minutes.


6: The notice period was ineffective: The car was allegedly parked for 05minutes 

fisherjim

Just send the blue appeal in the newbies they won't take any notice of that, save it for later.

The disproportionate amount argument went out years ago.

Grace periods don't apply where there is no offer to park.

Yanbando

Thank you for your comments fisherjim,

To be clear, you are saying I should just appeal and remove all the arguments?

Coupon-mad

Do what the NEWBIES thread tells everyone to do. There's a template appeal for good reason.

  

Yanbando

Thank you again for your directions. I found the blue appeal and modified as below, please let me know what you think:

I dispute your 'parking charge' *******, as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence.

You stated Parking was prohibited at the time the alleged parking 'offence' took place. Therefore there can be no contract

Signage is inadequate. There is no signage for 'prohibitive parking as you enter and such signs are only found in the car park after the cameras have been passed

The notice was defective. The signs inside the car park said no parking between 21:00 and 06:00. The notice said parking was prohibited between 22:29 PM to 22:34PM.

Therefore, this PCN is null and void and I recommend you to cancel it.

Regards

Coupon-mad

I don't understand your reasoning below. The PCN is not void:

The notice was defective. The signs inside the car park said no parking between 21:00 and 06:00. The notice said parking was prohibited between 22:29 PM to 22:34PM.

KeithP

Yanbando said:

The notice was defective. The signs inside the car park said no parking between 21:00 and 06:00. The notice said parking was prohibited between 22:29 PM to 22:34PM.

Therefore, this PCN is null and void and I recommend you to cancel it.

You have a notice saying you can't park between 22:29 PM to 22:34PM?

'The notice was defective'. 'The notice said...'. What notice??
It may be clear in your mind but think about the reader - will they know what you are talking about?

Anyway, I agree with previous comments... why do you feel the need to add anything to the blue text template appeal found in the opening post of the NEWBIES thread?

Yanbando

@Coupon-mad that's my mistake, I wanted to say the notice is void
@KeithP, that's the Parking Charge Notice they sent to me. But I will change that word (notice) by PCN

Yanbando

I dispute your 'parking charge' *******, as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence.

You stated Parking was prohibited at the time the alleged parking 'offence' took place. Therefore there can be no contract

Signage is inadequate. There is no signage for 'prohibitive parking as you enter and such signs are only found in the car park after the cameras have been passed

The PCN was defective. The signs inside the car park said no parking between 21:00 and 06:00. The PCN said the car was found in the premises between 22:29 PM to 22:34PM.

Therefore, I recommend you to cancel the PCN.

Regards

KeithP

Yanbando said:

The PCN was defective. The signs inside the car park said no parking between 21:00 and 06:00. The PCN said the car was found in the premises between 22:29 PM to 22:34PM.

What's the point of those words in that reply?

All you appear to be saying that the vehicle was parked at some time between 21:00 and 06:00. 
If you are going to say that, do you perhaps need to say something like "As there was no possibility of a contract to park being agreed at those times, then clearly there cannot have been any breach of contract".

But as has been mentioned several times, why do you feel the need to add anything to the already written for you template appeal?

Yanbando

@KeithP
understood, I will reply with the whole blue template and will just mention my PCN number

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.