UKPC – Screwfix Chadwell Heath – disabled bay / Blue Badge not displayed

XcelestialX

Quick update

UKPC appeal has now been sent both by email and post today.

Their portal wrongly blocked the appeal and said the PCN had already gone to Debt Recovery, even though I’m still within the appeal window.

I now have:

• screenshot of the blocked portal;
• email delivery confirmation;
• UKPC auto-acknowledgement from complaint email;
• full keeper appeal sent by email; and
• postal duplicate sent 1st Class with Certificate of Posting.

So if UKPC now try “too late”, “not received” or refuse a POPLA code, I’ve got the paper trail ready for a BPA complaint.

Thanks again @Coupon-mad — appeal is in, now we wait and see what they do next.

XcelestialX

Quick update

Screwfix have now confirmed in writing that their Estates Team did ask UKPC to cancel the PCN, but UKPC refused and instead offered the £45 reduction.

My formal keeper appeal/complaint is already with UKPC by email and post, with delivery confirmation and Certificate of Posting.

The appeal portal is still showing the PCN as having gone to Debt Recovery, while UKPC’s payment site is simultaneously showing £45 payable.

So now waiting for UKPC’s formal response. If they refuse to process the appeal / provide POPLA, I’ll take CM’s advice and complain to the BPA.

Half_way

Is this screwfixes car park, or are screwfix a temmant on a site with other retailers?

If Screwfix have told the parking company to cancel, but the parking company has refused the this needs to be taken further with the likes of the CMA as a clear indication that the parking industry is out of control and its business model needs to be shut down

XcelestialX

https://forums.moneysavingexpert.com/discussion/comment/82132958#Comment_82132958

@Half_way — Screwfix say they’re a tenant rather than the landowner.

However, after I escalated it, their Estates Team did ask UKPC to cancel the PCN.

UKPC refused cancellation and first offered £45, and now after seeing the valid Blue Badge they’ve reduced it again to £20.

So I agree with your wider point — it does raise a question about who is really exercising control over the site when the retailer/Estates asks for cancellation and the parking company simply says no.

XcelestialX

Quick update + question

UKPC have now sent their formal appeal response.

They say the PCN was correctly issued because the Blue Badge wasn’t displayed, but after seeing the valid Blue Badge evidence they’ve reduced it to £20 as a “gesture of goodwill”.

They’ve also now issued a POPLA code.

The odd thing is that their online appeal portal still shows the PCN as “Not Eligible for Appeal” because it has been referred to Debt Recovery.

So at the moment I’ve got:

• formal rejection letter;
• £20 offer;
• POPLA code;
• and the online portal still showing Debt Recovery.

Screwfix have also confirmed in writing that their Estates Team asked UKPC to cancel, UKPC refused, and offered the reduced amount instead.

What would you regulars do from here?

Is this now one you’d definitely take to POPLA, and how strong do you think the case is there given the 20-second photo sequence, consideration period, signage, POFA/keeper liability, landowner authority and Blue Badge/customer evidence?

Or is there any other route you’d take first, given the portal is still showing Debt Recovery?

Thanks all.

XcelestialX

Sorry guys, just giving this a quick bump in case any of the regulars have a view.

UKPC have now done pretty much exactly what @kryten3000 predicted - rejected the appeal, reduced it to £20 after seeing the valid Blue Badge, and given me a POPLA code.

The £20 offer is only open for 14 days, so before I decide whether to just pay it or take it to POPLA, I’d really appreciate some thoughts on how strong the POPLA case looks.

The main points I’m thinking of are the 20-second enforcement sequence / consideration period, signage, and POFA keeper liability.

Their online appeal page also still says the case has been “referred to Debt Recovery”, even though they’ve now sent a rejection letter and POPLA code.

@Coupon-mad @kryten3000 - and anyone else who’s got a view - would you take this one to POPLA or take the £20 and be done with it?

Thanks again.

James_Poisson

It's up to you:

Unless they accept the lack of signage argument, POPLA will side with them, UKPC will leave it with the debt collectors until you accept their offer, they will go through the motions of a court claim then discontinue, but you have to keep on top of it.

Or you accept their offer and it goes away.

chrisw

Goes against the grain but I'd probably pay the £20 to avoid the time and hassle and chalk it up to experience.

kryten3000

The question to ask yourself: Is your time spent defending this worth more than £20?
Paying £20 is the pragmatic option even though we know any claim will be discontinued.

XcelestialX

Thanks all — that’s pretty much where my head is at. @kryten3000 @chrisw @James_Poisson

I’ve never paid a private parking charge before and, if this were a normal full value PPC case, I’d 100% be prepared to fight it all the way through POPLA, MCOL and court if necessary, until they either discontinued or a judge decided it.

The ironic thing is I’ve probably already spent more than £20 worth of my own time dealing with this one.

So I can completely see the pragmatic argument for just paying the £20 and making it disappear. At the same time, part of me really doesn’t want to hand UKPC even £20 when there was a genuine Blue Badge holder, a genuine Screwfix visit, Screwfix Estates asked them to cancel, and there are still questions over the signage/bay identification and the 20-second enforcement sequence.

I think that’s why I’m still in two minds - financially £20 is obviously the easy option, but on principle I’m struggling to bring myself to pay it.

I’ll have another ponder about this and the signage evidence and decide before the 14-day offer expires.

Thanks again for the reality check. It goes against my ethos to pay a single penny to these scammers, but here we are!