UKPC parking query

spirografica

Hi there,
I hope you can clarify something for me as I have read the newbies section and downloaded The letter template but I’m not sure I’m doing the right thing. Please accept my apologies if I have misunderstood. 

I parked at Hobbycraft Farnbororough but went to Asda at 21.15 for 40 mins. I knew the car park had a 3 hour limit as there is a sign on entry. I was surprised to receive this fine but according to the letter I had parked when there was a no parking period. I went back and the first sign has the restricted times torn of as it’s a sticker but a subsequent sign said that you can’t park after 21.30. I would have had to search around for that information as all the signs were behind the direction I took to Asda and it was dark. 

I don’t know who the landowner is but as the shops where I parked were shut should I skip that stage and go straight to the letter template? 

I can’t afford to pay the fine so I really need to get it right first time. 

Thank you for any advice. 

LDast

Just use the blue template appeal. Their NtK is not PoFA compliant and they have no idea who the driver is.

Coupon-mad

spirografica said:

Hi there,
I hope you can clarify something for me as I have read the newbies section and downloaded The letter template but I’m not sure I’m doing the right thing. Please accept my apologies if I have misunderstood. 

I parked at Hobbycraft Farnbororough but went to Asda at 21.15 for 40 mins. I knew the car park had a 3 hour limit as there is a sign on entry. I was surprised to receive this fine but according to the letter I had parked when there was a no parking period. I went back and the first sign has the restricted times torn of as it’s a sticker but a subsequent sign said that you can’t park after 21.30. I would have had to search around for that information as all the signs were behind the direction I took to Asda and it was dark. 

I don’t know who the landowner is but as the shops where I parked were shut should I skip that stage and go straight to the letter template? 

I can’t afford to pay the fine so I really need to get it right first time. 

Thank you for any advice. 

You don't have a fine.

Read the NEWBIES FAQS thread.

Read the Horizon 28 days error 2025 thread.

We won't link either. Easily found.

spirografica

Hi Coupon mad, thanks for replying to me. I started to read the horizon 28 days error but it didn’t make sense to me. I have a processing disability. I’ve decided after taking pics at the car park, where one of the signs has the times you can’t park ripped off to just pay the early £60. I’m doing this as I can’t afford to pay the £100 if they don’t cancel it. It’s too scary for me I’m afraid and I’ve seen that they have not been fair to others but thank you for replying anyway. Much appreciated. X

doubleoseven

This is the appeal mentioned: 

This is an appeal by the Registered Keeper - No driver details will be given. 

Please do NOT try the usual trick of asking for driver details in order to get around the fact that your Notice to Keeper does not comply with Schedule 4 of The Protection of Freedoms Act 2012. 
As there is no keeper liability, liability cannot flow from the driver to the keeper and so this will be an automatic win at POPLA. Please cancel this Parking Charge Notice or issue a POPLA code at which point you will auto withdraw.

(courtesy of KeithP / andromeda24 thread)

spirografica

Thank you double seven. X

Umkomaas

Horizon are still likely to reject the appeal, but you're on the right lines for eventual success at POPLA. 

spirografica

Thank you. I appreciate you taking the time to reply. I’m really torn now as I can see what the appeal is about and that I might win.  I’m wondering if I should appeal from the signage perspective, unreasonable fee and use the text 007 kindly sent as point 3. Thanks again. It’s really nice that you guys all help each other. X

Coupon-mad

spirografica said:

Thank you. I appreciate you taking the time to reply. I’m really torn now as I can see what the appeal is about and that I might win.  I’m wondering if I should appeal from the signage perspective, unreasonable fee and use the text 007 kindly sent as point 3. Thanks again. It’s really nice that you guys all help each other. X

No because as soon as you start writing 'your story' you'll likely write about who was driving.

DO NOT add stuff. Do NOT tick 'driver'.

Trust us!

spirografica

Ok. Thanks all. I have appealed on that basis. There was a legalities page  on the uk pc site after I appealed with scaremongering statements eluding to the fact that I am the little person and they, the big person will win even if I was the driver. I will be sure to feedback and hope for good news. 

spirografica

I’ve had a response today. 

I appealed based on the above plus the fact that the first sign that you encounter has the times ripped off as it has only been applied with a sticker. 

Please can you let me know what to do next. Do I ask for the popla code?

Dear name

Thank you for your recent correspondence in relation to parking charge reference 9508025030586.

Date: Reference: Registration:

10 March 2025 9508025030586 

To assist us in making a decision regarding your appeal, please confirm the full name and address of the driver to our Appeals Department within seven days of the date of this letter.

Schedule 4 of the Protection of Freedoms Act 2012 discusses the recovery of unpaid parking charges. It allows parking operators to hold the registered keeper liable to pay unpaid parking charges if the operator has not been provided the name and a serviceable address of the driver.

The highest court in the UK, the Supreme Court, has unambiguously confirmed that parking charges issued on private land are fully enforceable.

In the case of ParkingEye v Beavis [2015] UKSC 67 their Lordships stated that private parking charges were enforceable because they served a legitimate interest and were in the interests of the public generally. The case confirmed that the amount of the charge does not have to reflect any loss that might have been caused by breach of the terms and conditions of parking on the basis that the amount claimed from any breach is commercially justifiable.

The Supreme Court decision is binding law on all other courts throughout the UK. This statement will bring attention to our signage. In designing ours we have considered the findings of the ParkingEye v Beavis case which stated that the amount of the parking charge should be adequately brought to the attention of the motorist, as well as the requirements of the British Parking Association’s Code of Practice.

We have achieved this by outlining the key terms and conditions that a motorist should be aware of before remaining at the location at the top of the signage, then a separate section detailing the implications of a breach of those terms, including the amount of any PCN followed by symbols giving more specific detail about the location terms and conditions of parking. We contend that this is a logical progression through the sign that any visitor to the location would be able to follow, and consequently we contend that the amount of the parking charge has been more than adequately brought to the attention of the motorist.

The parking charges issued by UK Parking Control Limited are based on a contractual agreement between UKPC and the driver, as detailed on the signage displayed in the car park. The signage states the terms and conditions of parking and explains that a parking charge will be payable if the terms are not met by the driver. We ensure that signage is ample, clear and visible, wholly in line with the British Parking Association Code of Practice. It is settled law that a driver is deemed to have accepted the terms and conditions of parking by the act of parking and leaving a vehicle.

The British Parking Association (BPA) does not stipulate that signs must be lit at night. UKPC can confirm that there is sufficient ambient lighting from lampposts or other light sources found within the site. As a result, it is our position that under these conditions, the signage would have been sufficiently visible. When designing our signage, UKPC utilize as much contrast between the various sections to ensure that they are as legible as possible in all conditions.

This information may be confirmed by submitting another appeal on our website at www.ukpcappeals.co.uk, or by post to the address overleaf. Please ensure that if writing to us by post that you include the parking charge reference number and vehicle registration.

Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received. At this stage a POPLA verification code will be provided.

The parking charge has been placed on hold whilst under appeal and may be settled in full at the current PCN rate of £60.00.