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Incorrect road name and failed appeal.
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chcnorris29
Posts: 1 Newbie
Hi,
I got a parking ticket a while back from UKPC. The road name on the ticket was incorrect, i was parked on a different road. The road on the ticket is only round the corner however is a totally different name. The restrictions on both streets i believe to be the same but i was not parked on the street listed on the ticket.
I appealed this charge explaining that I was not parked on the street in question on the date in question however I was parked on another street round the corner (if i am correct i believe they have no ability under the law to change a ticket??).
They have now emailed me back after a very long time explaining that they rejected my appeal due to adequate signage been present in the street listed on the ticket, but not there reply makes no mention of the road where i was in fact parked.
I will provide some screen shots and images to show you what I mean.
Should i just pay the reduced price now or should i go via POPLA and continue to appeal on the bases of the incorrect information on the ticket, and is the ticket with incorrect details enforceable?
Thank you in advance.
Ticket says I was parked on "Civic Close" in Birmingham - in fact I was parked on Brindley Drive. Both these streets can easily be found on google maps and street view (B1 area of Birmingham) I would provide screen shots but can't see where to add images.
Below is the wording of the reply from the appeal (I have removed any names, reg numbers, case number ect, also had to remove web addresses as it will not let me post them, have put (link) in place that had web addresses):
Thank you for your recent correspondence in relation to the above Parking Charge.
We have investigated your appeal based on the information you have submitted and confirm that this Parking Charge was correctly issued because there are sufficient signs at the Civic Close
warning drivers that should they park their vehicle without displaying a valid permit this will result in a Parking Charge being issued to the vehicle.
Our Appeals process is now concluded, you may now pick one of the following options:
1. Pay the parking charge detailed above at the reduced rate of £60 to UK Parking Control Ltd. PLEASE REFER OVERLEAF FOR PAYMENT OPTIONS AND ADDRESS DETAILS.
2. Make an appeal to POPLA – Submit an appeal online at (link) within 28 days of the date of this letter using the verification code above. “Alternatively if you do not have internet access, you can send a letter to POPLA, PO Box 1270, Warrington, WA4 9RL within 28 days of the date of this letter using the verification code above.” Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60, and should POPLA’s decision not go in your favour you will be required to pay the full amount of £100. If you opt to pay the parking charge you will be unable to appeal to POPLA.
By law we are also required to inform you that Ombudsman Services (link) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute 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 35 days from the date of this letter to £100 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £60, in accordance with our 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.
PLEASE DO NOT IGNORE THIS LETTER. UKPC REGULARLY TAKES MOTORISTS TO COURT WHO IGNORE THEIR PARKING CHARGES. PLEASE SEE: (link) FOR FURTHER INFORMATION.
Yours faithfully,
Appeals Department
UK Parking Control Limited
© UK Parking Control Ltd. PO BOX 1087, Uxbridge, Middlesex, UB8 9UR. Appeals: (link)
Registered Office: The Apex, Sheriffs Orchard, Coventry, CV1 3PP. Registered in England No: 5104383.
I got a parking ticket a while back from UKPC. The road name on the ticket was incorrect, i was parked on a different road. The road on the ticket is only round the corner however is a totally different name. The restrictions on both streets i believe to be the same but i was not parked on the street listed on the ticket.
I appealed this charge explaining that I was not parked on the street in question on the date in question however I was parked on another street round the corner (if i am correct i believe they have no ability under the law to change a ticket??).
They have now emailed me back after a very long time explaining that they rejected my appeal due to adequate signage been present in the street listed on the ticket, but not there reply makes no mention of the road where i was in fact parked.
I will provide some screen shots and images to show you what I mean.
Should i just pay the reduced price now or should i go via POPLA and continue to appeal on the bases of the incorrect information on the ticket, and is the ticket with incorrect details enforceable?
Thank you in advance.
Ticket says I was parked on "Civic Close" in Birmingham - in fact I was parked on Brindley Drive. Both these streets can easily be found on google maps and street view (B1 area of Birmingham) I would provide screen shots but can't see where to add images.
Below is the wording of the reply from the appeal (I have removed any names, reg numbers, case number ect, also had to remove web addresses as it will not let me post them, have put (link) in place that had web addresses):
Thank you for your recent correspondence in relation to the above Parking Charge.
We have investigated your appeal based on the information you have submitted and confirm that this Parking Charge was correctly issued because there are sufficient signs at the Civic Close
warning drivers that should they park their vehicle without displaying a valid permit this will result in a Parking Charge being issued to the vehicle.
Our Appeals process is now concluded, you may now pick one of the following options:
1. Pay the parking charge detailed above at the reduced rate of £60 to UK Parking Control Ltd. PLEASE REFER OVERLEAF FOR PAYMENT OPTIONS AND ADDRESS DETAILS.
2. Make an appeal to POPLA – Submit an appeal online at (link) within 28 days of the date of this letter using the verification code above. “Alternatively if you do not have internet access, you can send a letter to POPLA, PO Box 1270, Warrington, WA4 9RL within 28 days of the date of this letter using the verification code above.” Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60, and should POPLA’s decision not go in your favour you will be required to pay the full amount of £100. If you opt to pay the parking charge you will be unable to appeal to POPLA.
By law we are also required to inform you that Ombudsman Services (link) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute 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 35 days from the date of this letter to £100 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £60, in accordance with our 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.
PLEASE DO NOT IGNORE THIS LETTER. UKPC REGULARLY TAKES MOTORISTS TO COURT WHO IGNORE THEIR PARKING CHARGES. PLEASE SEE: (link) FOR FURTHER INFORMATION.
Yours faithfully,
Appeals Department
UK Parking Control Limited
© UK Parking Control Ltd. PO BOX 1087, Uxbridge, Middlesex, UB8 9UR. Appeals: (link)
Registered Office: The Apex, Sheriffs Orchard, Coventry, CV1 3PP. Registered in England No: 5104383.
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Comments
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(if i am correct i believe they have no ability under the law to change a ticket??).
That would be true if it was a real PCN. It's a mickey mouse one, so anything goes. This Country should be ashamed of allowing this utter scam and gangstery conduct by the lowest of the low.Should i just pay the reduced price now or should i go via POPLA
Obviously POPLA. have you read the NEWBIES thread post #3, for POPLA appeal wording?
It's a shame you went and told them who was driving - a huge rookie error. Ouch.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
What would be the outcome if this was a Council issued ticket?You never know how far you can go until you go too far.0
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Wrong location would win at adjudication, re a Council PCN (if not cancelled earlier).PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Wrong location would win at adjudication, re a Council PCN (if not cancelled earlier).
Is this worth arguing at PoPLA?You never know how far you can go until you go too far.0 -
You should remove from your post all details (if any) of the driver.
They can reissue the charge, because it is just an invoice, so this is like reissuing an incorrect invoice.
However, by reissuing they lose the keeper liability provisions of POFA 201, and so only the driver is liable. As they dont know who the driver is, this will be a winning point at POPLA.Dedicated to driving up standards in parking0 -
I have had a similar experience of receiving a penalty charge. The penalty charge stated the location as "Civic Close, off Cambridge Street, Birmingham, B1 2NN. In fact i was not parked there so I appealed to UKPC to say that I have never parked there. I did not admit to being the driver. They have rejected this and claimed
"Please note: Pursuant to the Protection of Freedoms Act 2012 section 7(2)(a), we understand that it is necessary to specify “the relevant land” on which it was parked. The act does not require us to identify the road or even the city that a parking charge is issued. We must identify the relevant land. In that pursuit, the description that we have provided identifies the area of land that we are permitted to issue charges on. Included in this area of land is the area the vehicle was parked. The term related to Civic Close is a reference used by our clients to refer to the“relevant land” that UKPC issue charges on. As a consequence we do not accept that this charge is non compliant with the Protection of Freedoms Act."
This all seems dubious to me because in other threads people are saying that they must give the correct address. I wasn't parked on Civic Close (which is in fact a distinct road on an estate and which has the postcode B1 2NN). I can't see how they can say say that their client can make up a name to describe an area which in fact includes 2 distinct roads. The area is local authority housing, which I think counts as private land?
I don't really understand the concept of "relevant land" ?
UKPC have asked me to confirm if I was the driver before they make a final decision about my appeal! Thanks to this website I know not to answer that question.
How are my chances of an appeal to POPLA?0 -
Your chances of an appeal to POPLA are good once you get a POPLA Code from UKPC.How are my chances of an appeal to POPLA?
Your chances of success are entirely different and subject to the formulation of a strong appeal.
Please start a new thread of your own, not hijack one that is over 12 months old.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
I am a newbie on this site and it seemed to me that as I have a very similar case to another one, that it would be better to put my post here. Apologies if I have got that wrong, quite happy to start a new thread. I wouldn't call would i did "hijacking".
Can anyone give me advice as to how to frame my appeal to POPLA please? I have read the advice about how to appeal to POPLA in terms of challenging the signage etc, but wonder if the confusion about the location could give me a strong case in it's own right?0 -
Nevertheless we call it that!
You can see advice on how to make a popla appeal in the newbies FAQ thread. See #3 there
If you want any future assistance you must start your own thread0
This discussion has been closed.
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