UKPS Leamington Spa - PCN

Sureshot28

Hi,

I've received a PCN from UKPS for my vehicle claiming to park on one of the premises that they monitor. The car was on the forecourt of a building for <1 min whilst two passengers got out (there is photographic evidence of this with timestamp)

I have used the forum for advice as to how to appeal the PCN and I have sent them notification via an appeal as follows:

==============

Dear Sir/Madam
Re: PCN No. XXX

I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

XXXX

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact XXX again regarding this PCN

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, the vehicle did not ‘Park’ as established in Jopson v Homeguard. Rather unloaded 2 passengers in less than 1 minute as shown by the timestamp on your images.

Further, I understand you do not own the land 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.

Further, your ‘PCN’ is invalid as the Notice states enclosed with the Notice are the following documents :

-            Statement signed by the vehicle hire/lease company (NOT SENT)

-            Hire/Lease Agreement (NOT SENT)

-            Liability Statement (NOT SENT)

-            Original Notice to Keeper (NOT SENT)

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.
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They have responded and rejected my appeal. What are the recommended next steps ? Is it just sit tight, or do anything else ?

Any help is much appreciated.

Gr1pr

UKPS are IPC AOS members,  so why did you ask for a Popla code   ?  ( not in their remit  )

Follow the advice given by coupon mad in the newbies sticky thread in announcements near the top of the forum,  regarding IAS appeals

Sureshot28

I took the letter off the Newbie post which referred to Popla - I didn't realise UKPS were IPC AOS members.

They rejected the appeal and suggested IAS appeals. I've re-read the Newbie post from coupon mad in relation to IAS appeals and my conclusion is that there isn't much point appealing.

kryten3000

Just wait for a Letter of Claim.