parked outside lines UKPC retail park

Drivingbroom

We have received letter from UKPC that our hire vehicle was parked outside the lines of the parking bay in a retail park. Our details were passed to them from the leasing company but we didnt get the letters, they were delivered to our neighbour, who has handed them to us. The incident happened end of April (25.4.25) and we are no learning of this in June due to the fact we didnt received the letters. The car was parked outside of the parking lines- and i learnt the driver was ill and later suffered mini strokes. we dont want to get the driver involved. so we  now dont know if we can go to PLAN A or if we can ask to pay the original fine  or if we have to pay the notice of debt recovery. there has been no correspondence with UKPC as we just got the letters- all our mail today. can anyone help please

Car1980

Are the letters addressed to the driver at the time, or did a different person hire the car and it's in their name?

Is the address on the letters correct or those of a neighbour?

By the way, you won't be paying anything.

Coupon-mad

What's the date on your NTH?

Drivingbroom

The letters were sent to the leasing company who passed it onto our company ( the hirer)- no driver has not been named. The letters have been sent to the company at the company registered address- it is a company car- the letter says to the hirer (company name) and is addressed to the company- no driver. The letters have the correct address, For some reason recently our letters and parcels  are being delivered to our neighbour, and part of that time they were away. Im sorry but i dont know what is NTH- sorry. Thanks for your responses and help btw

Gr1pr

NtH is Notice to Hirer 

No you don't have to pay a penny,  unless a judge says so in court 

Definitely ignore debt collector letters

I suggest that you study the bottom of the first post in the newbies sticky thread in announcements,  then follow the Edna Basher advice found there 

No revealing who was driving either 

Lastly,  plan A should be followed, complaining about the PCN to the retail park management company or landlord,  or as a last resort,  the landowner 

Coupon-mad

So, what's the date on that NTH?

I'm asking, to see if the company can still appeal using the Edna Basher company appeal that you saw when you read NEWBIES PLEASE READ THESE FAQS FIRST.

All acronyms are in the 5th post of the NEWBIES thread. 

Drivingbroom

Thank you very much. NTH is dated 01/05/2025 and it is addressed to the company ( no diver had been mentioned) and it says not parked correctly within the markings of the bay or square, followed by the retail address date and time.  in terms of communication, i have a NTH letter which I've just explained and 2 notice of debt recovery letter and a final reminder letter notice addressed to hirer  dated15/5.25. Thank you for your help

Drivingbroom

I've looked at the letters from Edna and the posts linked to them- will this response be okay ( i've cut and pasted and added a paragraph about Consumer contracts stuff) 

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by UK PARKING CONTROL.COM  (“UKPC”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why UKPC’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that UKPC has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

 There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

 Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Castle

If the company is writing then there's no "I" or "me", it's "we", "us" etc. 

Coupon-mad

You seem to be too late for the company to appeal if you are saying the NTH sent to the company was dated 1st May? Why wasn't this done in May?

Or have the company named the hirer now? That is what the company should do if they are too late to appeal. You can't appeal to a debt collector but you can name the hirer/lessee.

Drivingbroom

Im sorry i am not following this.  we are the hirer- a company. the leasing company has named us. i know we are late as the neighbour is just giving us the letters now  (June) that what i said in our initial post-sorry if we were not clear. the letter has the right address but was delivered to the wrong address ( our neighbour who has been away) so we are only getting them now- June. This is why i asked if it is too late for us when i first posted as we dont know what to do- if we should pay or if there is some other remedy