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Parking Charge from UKPC, will appeal, have two options which one to go for?
gompertz
Posts: 11 Forumite
Received a Parking Charge from UK Parking Control Ltd. I will be appealing but there are two things wrong with the notice so I would like others opinions on which route to take:
1. the parking charge date is 4/11/25. Date of letter 11/11/25. Received today 20/11/25 (of course, there is no datestamp on envelope). Therefore it's been more than 14 days since the parking charge - from what I've read here and on CAB they must inform you within 14 days.
2. the charge gives the location as "Horsted Retail Park - Service Yard" stating "The vehicle was parked in an area designated for registered users only..." but my wife parked in the regular car park for the retail park, not the service yard. I am aware that using this option essentially means we are informing UKPC who the driver is.
My concern is if my appeal based on #1 is rejected do I still have the option of using #2 later? (perhaps via POPLA)
On the other hand am I better off just writing to the landlord (Royal London Asset Management)? My concern here is getting a prompt response or none at all and ending up having to pay the full £100.
NB: Parking is free up to 4 hours.
My concern is if my appeal based on #1 is rejected do I still have the option of using #2 later? (perhaps via POPLA)
On the other hand am I better off just writing to the landlord (Royal London Asset Management)? My concern here is getting a prompt response or none at all and ending up having to pay the full £100.
NB: Parking is free up to 4 hours.
0
Comments
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Why do you think you have to pay ? When of course that isnt true at all2
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1) the 11th was 7 days later, Tuesday, so the letter was presumed to be delivered 2 business days later, on Thursday 13th November, well within the Pofa2012 deadline
Besides which the default is 6 months to obtain keeper details and one month to get the pcn to the keeper, so 7 months, so they passed on both counts
Check if the NTK PCN letter complies with POFA or not, post 1 in the newbies sticky thread in announcements near the top of the forum, because if it complies then revealing who was driving or not is irrelevant
Plan A is definitely a landowner complain pt
Plan B is either appeal as keeper OR name the driver
Plan C is a popla appeal
Plan D is defend in court
There is no compulsion to pay a penny unless a judge says so, in court
Study the official MSE advice at the top of the forum too, learn about the topic before committing1 -
From the guide here: "...a Notice to Keeper must be served – in other words, received – within 14 days of the alleged parking incident. Where NTKs are delivered after the 14-day window, the firm only has a right to take action against the driver."Gr1pr said:1) the 11th was 7 days later, Tuesday, so the letter was presumed to be delivered 2 business days later, on Thursday 13th November, well within the Pofa2012 deadline
From CAB: "...you must receive a notice within 14 days of when you parked. If you didn’t receive the notice in time, tell the parking company you don’t have to pay the charge."
Letter complies with POFA.0 -
But that argument 1 doesn't work because you can't prove the date received.
And CAB's advice is sadly hopeless on this subject, so stop reading their website. They have no idea about private parking.
The MSE Guide is correct but like I say, the keeper can't prove it.
The Service Yard point is OK (and potentially breaches POFA re the location of the relevant land not being identified) but appealing like that absolutely does not involve telling them who was driving!
The keeper appellant just says that the driver wasn't parked in the Service Yard.
UKPC will reject it but ... so what? And "so what" again, if POPLA also rejects it?
You've read the MSE Guide. NOBODY PAYS.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Deemed service is 2 business days after posting, as determined by the Court of Appeal
https://www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/when-is-meant-by-deemed-served.aspx
Unless the contrary can be proven , by you, the date of issue is presumed to be the posting date and delivery 2 business days later, that is the current status of when it arrived, so the claimant posted it 7 days after the incident and so reasonably expected delivery 2 business days later, so Tuesday and Thursday , 9 days later, within the Pofa2012 windowThe term "Royal Mail service deadline Court of Appeal" primarily relates to the legal rules surrounding the "deemed service" date of court documents sent by post and the strict time limits for filing appeals.Deemed Service DateThe Court of Appeal has held that legal documents sent via Royal Mail's Signed For 1st Class postal service are deemed to be served on the second business day after they are posted. This means the date a document is considered legally delivered is not necessarily the date it arrives, but a date set by the Civil Procedure Rules (CPR) to ensure procedural certainty.
The CAB haven't a clue when it comes to private parking company charges
Yes Pofa2012 can transfer liability from the driver to the keeper, if they meet the criteria, you cannot prove the delivery date, so are on the back foot
Nothing to see there, you wont succeed with that argument, so move along please1
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