UKPC charge for "commercial vehicle" parking

Castle

The "No Commercial Vehicles" signs depicts a twin rear axle vehicle or trailer unit-a HGV.

Coupon-mad

the timestamps on the 3 images are 18:42:22, 18:42:37 and 18:42:49.

Appeal as keeper, not saying who was driving. State that the driver will not be identified so kindly don't waste my time fishing for the driver.

State that images covertly taken within 27 seconds flat do not allow for a fair opportunity for a driver to read the signs. This breaches the Code of Practice on Consideration periods and there is no evidence that the vehicle remained on site.

There is also no 'period of parking' stated in the NTK because there is one image with the timestamp cropped off. Stating a single time is not a 'period of parking' and thus the NTK fails Schedule 4 and there can be no keeper liability.

There is also no warning at the 'invitation to park for 2 hours free' open gated entrance that 'commercial vehicles' may not enter the site, so the driver would have had to drive in first and read a sign . They were likely doing that during the 27 seconds when the lurking chancer pounced with an iphone camera then ran away.

Even going by the terms the "No Commercial Vehicles" sign depicts a twin rear axle vehicle or trailer unit-a HGV. The keeper's vehicle is none of the above. It is a personal use large car so there was no breach and the PCN was not properly given.

QrizB

As described, it is a passenger vehicle, a normal car and it is taxed and insured as such.

Please don't think I'm trying to say you need to pay this; you don't and you won't.

If you look at your V5 (or online at the "check road tax" site):

https://www.gov.uk/check-vehicle-tax

... Is the vehicle type approval class M1 (car) or N1 (light commercial)?

NotMyName51

https://forums.moneysavingexpert.com/discussion/comment/81886042#Comment_81886042

Just checked:

Vehicle type approvalM1

NotMyName51

https://forums.moneysavingexpert.com/discussion/comment/81885962#Comment_81885962

Do I appeal directly to UKPC in the first instance or contact the retail park first to have them drop the charge?

QrizB

Just checked:

Vehicle type approvalM1

More evidence, if you need it, that you don't have a commercal vehicle!

Half_way

https://forums.moneysavingexpert.com/discussion/comment/81886105#Comment_81886105

UKPC just wants your money, go after the retail park they have got more to risk over their agents actions

Coupon-mad

You have 28 days to appeal, so definitely complain to the retail park first.

No implying who was driving.

James_Poisson

So it's defined as am M1 Passenger Vehicle by the The Driver and Vehicle Standards Agency. But some halfwit from UKPC under pressure to get his targets in for his "cost centre" decides it could be a Commercial Vehicle.

I think I know who a judge would side with, but the Muppets at UKPC will never try it out anyway!

NotMyName51

You guys are AMAZING! Thank you for all this info.

The next issue now is that a managing agent does not seem to be listed for the Lewisham Retail Park. I might need to contact Lewisham's Planning / Land Registry to confirm the managing agent. I have found the details for the freehold owner of the site, who is a property developer and will likely not be involved in the day to day management of the site.

I have drafted the below email to the retail park and would appreciate your feedback:

Subject: Formal Complaint – Unlawful PCN Issued by Your Agent UKPC

Dear [Retail Park Management],

I write as the registered keeper of vehicle registration XXXXXXX regarding a Parking Charge Notice issued by your agent, UK Parking Control Ltd (UKPC), alleging:

“No commercial vehicle permitted on site.”

This is a formal complaint. As principal, you are jointly and severally liable for the actions of your parking contractor.

For the avoidance of doubt:

• The driver will not be identified.
• There is no legal obligation to do so.
• I will not respond to any attempt to request or imply such disclosure.

1. No Breach Occurred – Vehicle Is Not a Commercial Vehicle

The vehicle is registered with the Driver and Vehicle Standards Agency as Vehicle Category M1 (passenger vehicle).

It is not a goods vehicle, not an HGV, and not a vehicle falling within any recognised commercial vehicle classification.

The signage relied upon by UKPC depicts a twin rear axle vehicle / trailer configuration consistent with a heavy goods vehicle. The keeper’s vehicle is plainly none of the above.

On any objective interpretation of the signage and classification standards, no breach occurred.

2. Inadequate Entrance Signage & Unfair Consumer Term

The site entrance is open with an invitation to park for “2 hours free”. There is no prominent entrance warning that “commercial vehicles” are prohibited.

A driver would necessarily have to enter the site before being able to read any such term.

A term cannot be incorporated into a contract if it is not clearly communicated prior to entry. Further, a vague and undefined term such as “commercial vehicle”, particularly where signage depicts only an HGV-type vehicle, risks being misleading and therefore unfair under consumer protection legislation.

3. No Consideration Period – 27 Seconds

The images relied upon were taken within 27 seconds.

This does not provide a reasonable opportunity for a driver to:

• Locate signage,
• Read and understand the terms,
• Decide whether to accept or leave.

The BPA Code of Practice requires a consideration period before a parking contract can be formed. There is no evidence the vehicle remained parked. There is no evidence of any parking event at all.

4. No “Period of Parking” – Schedule 4 Non-Compliance

The Notice to Keeper fails to state a “period of parking” as required by Schedule 4 of the Protection of Freedoms Act 2012.

A single timestamp is not a period of parking.

As such:

• The Notice does not comply with Schedule 4,
• Keeper liability cannot arise,
• There is no lawful basis to pursue the keeper.

5. Unlawful Data Processing

Given that:

• No breach occurred, and/or
• No keeper liability can arise under Schedule 4,

There was no reasonable cause to obtain my personal data from the DVLA.

Accessing and processing keeper data without lawful basis constitutes a breach of UK GDPR and the Data Protection Act 2018.

As principal, you are jointly responsible for this processing.

Required Action

Please confirm within 14 days that:

1. The PCN has been cancelled,
2. My personal data has been erased from UKPC’s systems,
3. No further processing will occur.

If this charge is not withdrawn immediately, I will consider:

• A complaint to the Information Commissioner’s Office for unlawful data processing,
• A complaint to the DVLA regarding misuse of keeper data,
• And a complaint to the Competition and Markets Authority regarding misleading and potentially unfair consumer terms as described above.

I trust you will intervene to resolve this matter without escalation.

Yours faithfully,

XXXXXX

Registered Keeper