Parking during restricted parking period

Gr1pr

Ignore and wait for the popla code from UKPC then appeal to POPLA

Car1980

Top states 2 HOURS MAXIMUM STAY. Hours of enforcement: 24 hours a day, 7 days a week.

So you can also include this from the Consumer Rights Act 2015:

69 Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

hex69

Well, to no-one's surprise, UKPC have declined to cancel the charge and have given a POPLA appeal code. So off to POPLA we go, any pointers beyond what has been said already?

Dear Sir,

We have previously written to you regarding the above parking charge, requesting more information so we may reach a final decision for your appeal. As we have not received any further correspondence, the appeals process is complete and our view is that the parking charge has been correctly issued.

Our appeals process is now concluded, you may now choose one of the following options:

1) Pay the parking charge detailed above at the reduced rate of £60.00 to UK Parking Control Ltd. PLEASE REFER OVERLEAF FORPAYMENT OPTIONS AND ADDRESS DETAILS.

2) Make an appeal to the independent adjudicator POPLA (Parking on Private Land Appeals) using the verification code provided above.Please note that if you wish to appeal to POPLA, you will lose the right to pay the discounted rate of £60.00, and should POPLA rejectyour appeal you will be required to pay the full amount of £100.00. If you opt to pay the parking charge you will be unable to appealwith POPLA. Appeals to POPLA must be made within twenty-eight days from the date of this letter. To appeal with POPLA, please visitwww.popla.co.uk. If you are unable to access the internet, you may appeal by post – this must be done using a POPLA postal formwhich may be obtained by contacting POPLA by phone (0330 159 6126) or post (PO Box 1270, Warrington, WA4 9RL).By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative disputeresolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternativedispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

3) If you choose to do nothing the parking charge will automatically increase after thirty-five days from the date of this letter to£100.00 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £70, in accordance with the terms and conditions of parking, and further charges will be claimed if court action is taken against you.

Any unpaid court judgement may adversely affect your credit rating.

Yours Sincerely,

Appeals Department

UK Parking Control Limited

Car1980

Nothing say in particular to Popla. but I'd definite state there is a core term in large type and a minor term in small type that directly contradicts the core term during certain hours.

It's not difficult to put '2 HOURS MAX PARKING, 6AM - 10.30PM ONLY" at the top.

hex69

UKPC have rebutted the appeal with the following, their arrogance shows no bounds!

"

Whilst UKPC note the comments, we cannot accept them as evidence when
reviewing a parking charge notice. The signage advise that no parking is permitted
and therefore there is no valid reason to use the car park for longer than five
minutes. A driver is permitted five minutes by clause 5.1 Annex B The Private
Parking Sector Single Code of Practice (The Code) to review the signs and decide if
they are going to stay or go. If a driver remained on site for longer than this, they are
parked. This means that the operator does not need to show the vehicle parked
within a bay or that the driver had stayed in the vehicle. It is only required to show
when the driver entered and exited the car park.

For the avoidance of doubt, the purpose of entrance signs is solely to advise
motorists they are entering into private land and there are parking conditions they
must be aware of. Our signage conforms to the guidelines set out within the code,
and we are audited regularly by the BPA for those standards; the signs must be
provided to make it easy for motorists to find out what the terms and conditions are
and that the signs contain the specific parking terms throughout the site, so that
drivers are given the chance to read them at the time of parking or leaving their
vehicle. Signs must be conspicuous and legible, and written in intelligible language,
so that they are easy to see, read and understand. The BPA audits have confirmed
that we follow this to their standard.

UKPC must maintain a consistent approach when issuing and upholding a charge. In
this instance, this vehicle had been parked on site in direct breach of the terms and
conditions of parking on site as stated on signage.

UK Parking Control signage complies fully with section 18 of the British Parking
Association Code of Practice and we reject the suggestion that it is vague or
misleading. Entrance signage advises motorists that terms of parking apply, and that
notices within the car park should be checked to identify the full terms and
conditions. These notices are placed throughout the car park. It is ultimately the
responsibility of the motorist to ensure they identify the terms of parking, and then
decide whether to park their vehicle, or leave the site if they are unable to meet
those terms.

The parking charges issued by UK Parking Control Limited are based on a
contractual agreement between UKPC and the driver, as detailed on the signage
displayed in the car park. The signage states the terms and conditions of parking and
explains that a parking charge will be payable if the terms are not met by the driver.
We ensure that signage is ample, clear and visible, wholly in line with the British
Parking Association Code of Practice. It is settled law that a driver is deemed to
have accepted the terms and conditions of parking by the act of parking and leaving
a vehicle.

Ultimately, it is fundamentally the responsibility of the motorist to identify the terms
of parking when leaving their vehicle on private land. If they feel they are unable to
adhere to the terms, they may leave the site before agreeing to those terms.
There are sufficient signs advising drivers that parking within the no parking out of
hours may result in a parking charge being issued."

Beyond what Car1980 has put above as regards signage, is there anything to be added at this stage?

Car19080 siad "

It's not difficult to put '2 HOURS MAX PARKING, 6AM - 10.30PM ONLY" at the top.

"

Gr1pr

You cannot ADD at this comments stage

You prepare concise rebuttal points, refuting the incorrect stuff in their evidence pack, plus you highlight anything in your favour from the evidence pack, anything that backs up your 2 appeals

Coupon-mad

Short & concise comments, reiterating this from the Consumer Rights Act 2015:

69 Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Car1980

Amazing how every single parking company abides 100% with the code and the BPA has gone through every single sign with a fine tooth comb, yet the success rate at Popla isn't 100% for the parking company and 0% of tickets are withdrawn. How does that work then?

Bear in mind UKPC doesn't think you know 100% of its unpaid tickets end in a court claim discontinuance.