UKPC Parking Charge Consideration Period Question

twilightzone

Hi there folks,

I have received a parking charge Notice to Keeper from UKPC, the breach is stated as being:

"Not parked correctly within the markings of the bay or space"

I have already had the initial appeal rejected, (seems commonplace) I appealed as the keeper of the vehicle and the basis of my appeal was the inadequate observation/consideration period, and the equality act regarding "reasonable adjustments" to accommodate disabled individuals.

Some info:

There is no APN data on the parking charge notice or on the UKPC website. No entry or exit times,

The photos supplied of the alleged contravention were all taken within 58 seconds, including a picture of the signage.

There appears to be no observation period, or consideration period.

A blue badge was prominently displayed on the windscreen, but the car was about a tyres width overlapped onto on the hatched markings around the bay.

The vehicle was genuinely there around 10 minutes as I felt unwell after leaving the car to read the signage, it was a very hot day.

Have I entered into a contract here? from what i've read I should have a consideration period to decide whether to park or not?

In my opinion the operator has failed to prove that the vehicle was parked beyond the permitted consideration period and has ignored statutory equality laws regarding disabled drivers/passengers.

Do I have a case? and how should I appeal to Popla?

My appeal rejection letter did not even acknowledge or address the Equality Act concerns, or the consideration appeal and just re-iterated about the car being parked incorrectly and the ticket was issued correctly.

Thank you for reading.

Gr1pr

What happened to plan A. ? Especially regarding the Equality Act 2010. !

Plan A in the newbies sticky thread in announcements near the top of the forum is by far the best option in getting these things cancelled

Also, perhaps you should post redacted pictures of the NTK and any evidence pictures

The initial consideration period is usually 5 to 10 minutes, so if the driver parked for longer then they believe that a parking contract was entered into, plus that the alleged breach occurred

twilightzone

https://forums.moneysavingexpert.com/discussion/comment/82043896#Comment_82043896

Hi, not too sure what you mean i tried to follow Plan A and struggled to navigate through it all.. but i did ensure I appealed as the keeper, there were already photos of the car and the signs so i couldn't use the first template as it would have been wrong. Also i notice that a member said POPLA template appeal points are out of date at the end of the beginners thread.

So, I had some AI assistance regarding the Equality Act 2010 and Consideration period points in the initial appeal.

They have no evidence I was there for even 2 minutes, i thought the onus was on them to prove that a contract was entered into?

Their signage states ANPR is used, but they didn't use it! perhaps because it would show I left within 10 minutes.

And what about de minimis?

Anyway, here is my NTK and photos

Thank you for your reply, it's much appreciated

Gr1pr

Plan A is what they DON'T tell you on the NTK PCN letter

A complaint about your case to the Retail park management company, or landlord, or landowner or business

Your first appeal was plan B

Now you seem to be considering plan C , the popla appeal

I suggest that you would be better off trying plan A

You can save the tricky legal arguments for any future court claim

twilightzone

https://forums.moneysavingexpert.com/discussion/comment/82043970#Comment_82043970

I did try to look it up but didn't get much success.. Some management group opposite were specifically mentioned in a news article, but not this one.. The retail park is a name which was used across a lot of the UK, there are Gallagher Retail parks all over the place, but they are all owned / managed by different companies..

Gr1pr

So you did look into plan A. !

Name the actual location then, because people on here have a habit of digging out the details, like JLL, Savills etc

Edit

I see that its Gallaghers Retail Park , Aldermoor Way , Bristol , BS30 7DA

twilightzone

https://forums.moneysavingexpert.com/discussion/comment/82043990#Comment_82043990

Sorry yeah, It's on the NTK

James_Poisson

You are getting all mixed up here forget ANPR that's for time on site, they are not accusing you of overstaying, or not paying, they are saying you parked your car over the line and left it like that.

But as you parked in a disabled bay legitimately that bay was yours to use and the yellow box is for your benefit for additional room for access.

They are just trying it on as usual.

I also think you are missing what plan A is to help you along it is a complaint to the landowner that their contractor is harassing a customer with protected characteristics unnecessarily!

Gr1pr

The registered freehold owner of Gallagher Retail Park (Aldermoor Way, Longwell Green, Bristol, BS30 7ES) is LMP Steel Nominees Limited (along with LMP Steel Nominees 2 Limited), with financial and property management operations typically handled via CBRE Investment Management

twilightzone

https://forums.moneysavingexpert.com/discussion/comment/82044009#Comment_82044009

Thankyou, I visited that CBRE Management site already as their name was mentioned in a development plan on the opposite lot, it was the company i was referring to above.

They appear to be based in New York though, and thats when I had second thoughts about this avenue, but can send them an email if it would help.. or maybe it was the wrong company..

Gr1pr

I found this

https://www.cbre.co.uk/offices/bristol

And

https://www.cbre.co.uk/offices