Parking during restricted parking period

hex69

A driver has picked up a NTK from UKPC for parking during restricted parking period, see below. This NTK has come to the registered keeper, who is not the driver.

Surely we should be able to fight this as the driver has not been identified and there cannot be a contract to park, once outside of the permitted parking period.

All help would be appreciated.

(Image removed by Forum Team)

Entrance

Signage

Car park owner can't be identified easily, and retail managers don't know who owns the car park. (believe it could be The Welbeck Estates Company Ltd but not 100% sure).

DE_612183

1. Have you read the newbies thread?
2. Have you asked Aldi to get the pcn cancelled?

hex69

1. Have you read the newbies thread?

Yes

1. Have you asked Aldi to get the pcn cancelled?

Yes, they don't get involved according to the manager as there's multiple units in the car park.

Le_Kirk

One of those signes states managed by Tandem Property Asset Management 020 3942 7997

hex69

https://forums.moneysavingexpert.com/discussion/comment/81924840#Comment_81924840

I saw, however managed and owned are 2 different things? I called them, but they told me to appeal to UKPC. Should I just use the generic template on the Newbies thread?

DE_612183

https://forums.moneysavingexpert.com/discussion/comment/81924766#Comment_81924766

I'd be tempted to complain to their CEO saying you don't intend to use any of their shops again due to their lack of consideration for their customers.

They may NOT get involved but that doesn't mean they CAN'T get involved.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81924876#Comment_81924876

Managed is what you want! Never mind who owns it.

Obviously Tandem are who you complain to. Call them again and be more insistent that this is a scam due to the signs offering 2 hours free.

Ask them to cancel it with UKPC. Say you know they signed the UKPC contract and it includes a right to cancel some PCNs issued unfairly. Speak to a manager if fobbed off at first. Do not use the word 'appeal', use the words 'formal complaint'. Tell them you have been in touch with a local journalist who is interested.

And those signs all offer 2 hours free. Therefore that was the contract. The small print is unreadable and unlit out of hours, so not relevant at all.

hex69

https://forums.moneysavingexpert.com/discussion/comment/81925100#Comment_81925100

Thanks for that, I thought that when I went earlier to look at the signs. The entrance sign says 2 hours free, no mention of No Parking after a certain time, so by the time the driver went into the car park, they were effectively entrapped.

hex69

So, eventually I've received a reply from the managing agent, who refused to/couldn't cancel the ticket and also refused to say who the landlord is.

By coincidence I also received a 'Final Reminder' from UKParkingcontrol.com today.

I presume the next step is an appeal online to UKPC?

I've taken @Coupon-mad's template and left out the bit about the PDT machine as not applicable.

"I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner."

Any further hints or suggestions, please?

Coupon-mad

Yes, send that.

Your POPLA appeal will be based on this with your photo evidence:

…those signs all offer 2 hours free. Therefore that was the contract. The small print is unreadable and unlit out of hours, so not relevant at all.

Plus 'no landowner authority' citing clause 14 and Appendix G of the useless Joint Code.

hex69

Reply received, and unsurprisingly, they're asking for me to name the keeper….

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

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.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 £100.00"

Stick or twist, tell them I'm not naming the driver or ignore and go to POPLA?