UKPC motorbike parked on paved area to avoid possible theft. Appeal on what grounds?

thebarber

4 days ago I went to a retail park that i have used many times before and always parked in the car bays.
This day as i entered the carpark on my right was two motorbikes and 3 young guys staring at my bike. I rode down and instead of parking in a car bay i parked on a large paved area directly outside the shop so i could see my motorbike while in the shop. I knew exactly where the item i wanted was and went and got it and went straight to the till keeping an eye on my bike outside. Just my luck the till then failed and i had to move to another i was inside about 5 minutes. 
Came out rode home. Today i get the UKPC letter stating not correctly parked within the markings of the bay or space. with the date and time no period of time it was left for.
Interestingly the photo taken was at ground level at an angle so i assume it was taken by someone on foot.
So the issue i have is i know the parking restrictions but i also know that the owners accept no liability for loss or theft on their property. So i parked the motorbike where i could see it in case the 3 guys who were very interested in the bike decided to try to take it.
The Site does not have motorbike specific parking or anyway to secure a motorbike to the ground.
So if i appeal to UKPC I do so on what grounds? Obviously the appeal will fail and appeal to popla which fails then ignore the debt collectors and what UKPC just give up at the last minute?
The problem is i have read the newbie thread and other bits but i cant find what happens when it gets to court stage? Do UKPC always back down? If i had placed my bike where i cant see it and it got nicked then sucks to be me eh.

I previously had similar with a cinema years back might have also been UKPC the appeal failed and i told them i would never pay them no matter what if they won in court i wouldn't pay and would spend a few days in jail so they will never get their money. They never replied. But now im a homeowner so i cant play such games.

It used to be a thing where you asked for proof that the costs they requested were representative of the costs they incurred by my actions i guess that changed.

thebarber

If my appeal were to be anything it would probably be that upon entering the carpark i saw the riders staring at my motorbike. The site owners had not put bike specific parking with ground anchors to secure a bike.
I was aware the site owners accept no liability for theft or loss on their site.
As i was unable to secure my motorbike to the ground i parked it in a wide paved area that did not block any pedestrians access but allowed me to visually keep an eye on my vehicle for the 5 minutes i was in the store.

Is that even a defense?
The charge letter time was 14:38.44 my receipt time was 14:42

Coupon-mad

What's the observation period on the PCN?

One of those guys was probably the one with the phone who took the images behind your back.

Anyway just ignore UKPC. There's no point trying POPLA so stay under the radar.

Sit tight. Do nothing except the below.

By going confidently into the 'ignore' stance, the only steps to take are:

- Tell them if you move house within 6 years.

- Ignore the tedious £170 threatograms shown in pictures in the 4th post of the NEWBIES thread. 

- Come back if you get a solicitor's LBC as per the 2nd post of the NEWBIES thread. Could be from DCB Legal, whose claims are laughably badly pleaded and they ALWAYS discontinue defended claims. Regardless of facts, they are hearing-shy!  So people pay nothing.

No hearing is even needed in most cases. Search the forum and read a few DCB Lrgal court claim threads, as they are easy to beat by waiting for a claim form - it is easier than appealing!

There is no risk AT ALL in defending a court claim. No CCJ. No bailiffs. Relax.

thebarber

Thanks for the reply. There is no observation period im guessing they dont need one as its parking outside of markings. Whats very annoying is if i had wanted to use my dash footage of the guys on bikes i cant because it was over written as i only got the letter 4 days later. if i had a ticket on the bike i would have the footage. Also the guy was very sly as he stood back far enough that i couldnt see him through the window of the shop 

thebarber

I think i might have sussed a potential new solution that could be faster.

Maybe 10 years ago i had that cinema ticket and when i said i would never back down they didnt pursue it. So with your knowledge in mind. Would an easy option be to open an appeal but instead of an appeal send something along the lines of....

In relation to the stated offence i am the keeper but do not admit to being the driver or offering the drivers details. What will happen now is the 14 days will expire and you will pay someone to send empty threats demanding more money which i will ignore. Eventually you will pay a legal team to send a LBC then you will send... (not sure what stages go here). Eventually your ambulance chasing lawyers will offer for me to pay the reduced amount i will decline and you will withdraw the case so how about don't waste your time and money with !!!!!! tactics which wont work and just close it now.

Because im thinking if they know the steps and they fully understand i know the steps whats the point. If i fully believe they will withdraw then regardless whether they do or not they now know i will go to the end and will never back down? Maybe someone who knows the steps could draft such a thing and i would be happy to be a test case and send it

Gr1pr

Just follow the advice by coupon mad above,  no sideshows or fancy ideas

The industry expert told you everything you need to know,  so read it again and no going off piste

Coupon-mad

thebarber said:

Thanks for the reply. There is no observation period im guessing they dont need one as its parking outside of markings. 

You guess wrong. This is contract law. As a matter of reasonableness of terms, all drivers must have at least a seconds / a fair minute to see/read a sign and leave. No such thing as instant ticketing except in a 'No Stopping Zone' at an Airport. This isn't one.

We know what we're doing and I asked this for a reason. Don't go off on tangents! If your idea had legs we'd have suggested it already.