C.U.P Parking Enforcement charge. Is it worth appealing?

magjp90

Good afternoon, 

Sorry, this is my first post, so I hope it's allowed and in the correct section.

I'm hoping someone would be able to help.

I have received this parking charge notice in the post. 

Is it worth appealing?

The driver wasn't parked, as you can see the lights are on and hazard lights are on. It's a layby towards a delivery yard. Basically the car park to the right is a Sainsburys car park, which was full. The passenger had to collect a parcel from the Argos inside said Sainsburys. So the car pulled over, passenger got out and the car drove off and parked up afterwards. 

The car will have only been dormant for a couple of seconds, (30 seconds max) which would be visible in the video footage recorded.

Would it be worth appealing in your opinion? And are C.U.P a legitimate company, what would happen if I were to ignore this?

Thanks for your help. 

 

DE_612183

so you weren't parking you were unloading/dropping off - as described by the highway code.

I'd appeal on that basis.

As an aside - the PCN talks about T&C - although I can'e see the rest of the letter - what T&Cs are you supposed to have broken - also bear in mind that you can't have formed a contract to park if parking is prohibited!

 

magjp90

@DE_612183

Yes, that's correct. The passenger literally got out, closed the door and the car moved on. 

I've read on other posts not to admit who the driver is (although I am the registered keeper).

I wasn't even aware there was an ANPR camera there to be honest. 

magjp90

@DE_612183

Here's the rest of the letter and the terms the driver is supposed to have broken.

Thanks for your response!

DE_612183

you didn't park in a car park - I don't see how they have even come up with tis.

do you know if there are any signs around?

I presume this is where you parked?

magjp90

@DE_612183 yes, good research aha! That's correct. I know, I've got to admit I was a bit shocked and baffled when the letter came through. I think I have a good case to appeal, but others have told me that the fact I've stopped on double yellows may not help my case. So I thought I'd ask for others opinions.

Thanks!

magjp90

@DE_612183 to be honest with you, it's about 7-8 miles from where I live, we don't often go there so I'm not too sure of the signage, I may have to go back and check. We only stopped to get a Christmas present from Argos, which has turned out to become quite an expensive one 😅

DE_612183

The double yellows are to do with the council - not CUP - ignore that.

These companies relay on contract law to issue a "invoice" - which is what you've got - if you look carefully there is no mention of a fine.

In order for a contract to apply there must be an offer and an acceptance - normally this is the company offer you the ability to park in exchange for £10 - you fail to pay - they issue a PCN.

Nowhere on the signage for this "Car Park" is an offer - therefore contract law cannot apply - the only thing they could do is sue for Trespass - which they have not done.

You can appeal ( which may get rejected ) and you may also get rejected at BPA ( an organisation created by the parking companies themselves so not at all impartial ).

If they ever did try and go to court to recover the money ( which they won't ) it would get thrown out.

Do you know who owns that piece of land and have you contacted them about this?

Car1980

CUP's PCNs fail to state the period of parking as required under 9 (2) of the POFA and it looks like they still don't.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

Can't find any record of them ever doing court, so I'd just ignore.

magjp90

@DE_612183 Thanks very much for the insight. I think I'll go and get some photos of the signage there tomorrow and then submit an appeal, although with what you've said, the appeals process doesn't sound entirely fair.

I'm not entirely sure who owns the land there, it may be Watford Borough Council. If so, I'll email them and see what they say regarding it. 

Thanks once again.

magjp90

@Car1980 Ok, thanks. I'll mention that in my appeal to them. 

I've read that if you ignore them they can threaten you with bailiffs etc, but this sounds very extreme for £60 haha.