Parking Charge help please

Eranu

Yes she was

Coupon-mad

Coupon-mad said:

- Tiny small print for the £100.

Was she there under 4 hours each time?

Eranu said:

Yes she was

@Le_Kirksaid:

- It looks like they changed (reduced) the parking time; were there additional signs to draw the attention of the motorist to the fact that the time had recently been reduced

So do a POPLA appeal (one for each PCN once the appellant (you?) has two POPLA Codes, with 5 points:

1.   This retail park and the retail park beside it are known by locals to both allow 4 hours free parking. It looks like UKPC has recently slapped stickers over the 4 hours and changed it to 3 hours but without prominently alerting drivers relying on the previously known terms.

Then quote the BPA / IPC CoP from Oct 2024 about the requirement for extra signs when terms change.

2.  State that the £100 is on a sign 8 feet up and not in bold or large text/font. The driver is five feet (whatever she is) and did not see the change in terms to 3 hours, nor did she agree to pay £100 because that was buried in small print.

Then quote from the POPLA Assessor in 2024 in a Euro Car Parks POPLA DECISION where the assessor used words about small print that you should copy, so POPLA recognise it.

3. Unclear signs, see NEWBIES thread

4.  No landowner authority,  see NEWBIES thread

5.  No keeper liability because the keeper was not driving, and the POFA 2012 Schedule 4 requires 'adequate notice of the parking charge' (£100 in this case) and there was not 'adequate notice' of the risk because the £100 was unreadably small and non-prominent, unlike in ParkingEye v Beavis where it was in a bold box. 

Eranu

Thank you so much for this! I will appeal both of them with the suggested points.

Nellymoser

Statutory regulation is needed to stop this industry's out of control behaviour. A group of MPs have raised this in a letter to HCLG Minister and one MP recently told Parliament "Rip-off parking 'fines' need to go".

https://forums.moneysavingexpert.com/discussion/comment/81193608/#Comment_81193608

Get your own MP to ask MHCLG when Govt Code of Practice will be implemented. Join the motorists call by signing/share this petition demanding the re-launch of Govt-backed CoP. 🙏

https://petition.parliament.uk/petitions/701453

We must keep pressue on new Govt, previous Govt failed to ensure we were treated fairly and protected from an industry who for years have shown they either lack the capabilities or have no desire to achieve this.
Good luck with your POPLA appeals.

Eranu

Just a quick update on my progress:-

I appealed both of the charges with UKPC online using your standard letter.  They replied asking for evidence that we'd used the local facilities and we duly replied with bank statements showing purchases at Starbucks on both dates.

Some weeks later we got responses to each parking charge.  One of them they cancelled but the other one they are pressing ahead with!  This seems stupid to me and I've emailed their complaints department so we'll see what happens.  If they still wish to pursue this then my next step is the POPLA appeal but should I mention that they cancelled the other ticket?

   

Coupon-mad

Nope and don't try POPLA.

Why do you think you need to try pointless POPLA, just because they said so?

Just ignore UKPC & the £170 threatograms (DO NOT SHOW US - SEE THE 4TH POST OF THE NEWBIES THREAD) and come back when you get a DCB Legal LBC.