Half parked in bay full of snow across designated lines

sybee · 13 January 2018 at 4:10PM

Hi all,

I've been reading the sticky and sample cases etc. - this is really great info.

I'm hoping for a steer now again on my case as I attempt to combat this PCN from UKPC on a shopping park with around 20 stores.
I had parked in a bay which was half full of snow, so I was not completely within the lines of the bay, and got a PCN citing "Not parked correctly within the markings of the bay or space." within the hour I was there.
I did make purchases on the day and have receipts.

Before finding this website, I'd already spoke with the shopping park manager about this and although initially they agreed this was harsh and was going to get this revoked, when ringing back to confirm this was complete, has now said UKPC want to pursue this and I have to take this up with them.
He then started citing the number of signs on the site (56) and started to sound like a UKPC attendant, which concerns me. I did explain as the shopping park, they have the power to revoke this regardless of what UKPC want to do. But they did not want to know.

This turn around in the decision to help and revoke has cost me a number of days of my payment period, I am today on day 14.

My next step is to go to each of the stores and speak to the store manager in person along with the following letter. I'd appreaciate a sanity check on the content and the plan to do this. (it's based on one I've read here.)

OFFICIAL COMPLAINT ABOUT UKPC, AS AGENTS FOR WARWICKSHIRE SHOPPING PARK

I am forced to make an official complaint to you because the actions of your agent, UKPC, are upsetting, intimidatory and will drive away genuine <storename> customers in the long run. You can no doubt guess that we have received a windscreen parking charge notice purporting to mimic a 'parking ticket' from UKPC.

On Saturday 30th December, we took our daughters shopping as they wished to spend some of the money they had received as Christmas presents. We parked in an end bay, but as this was half filled with snow and ice, we could not completely park within the designated lines of that bay. My eldest daughter browsed Outfit and then went on to H&M. My youngest daughter wished to buy a Netball, as she had received a netball post as a Christmas present. We went to DW Sports Fitness, where she liked and purchased a netball from this store (see receipt below). We then went onto Costa Coffee purchasing 2 coffees (for us) and 2 hot chocolates for the girls (receipt below), before returning to the car. To our complete shock we had a parking charge notice on the cars windscreen citing reasonable cause to believe we had breached parking terms and conditions due to “not parking correctly within the markings of the bay or space."
We are now expected to have to explain our actions to a third party private company who we had no contract with, and who are demanding a lot of money (£100) from us – which I think is totally unacceptable.

We are very upset and increasingly angry about this entire episode. After an enjoyable Christmas, our decision to shop at this shopping park has now left a nasty taste in the mouth. Our family is horrified that Warwickshire shopping park, and in turn, <storename> can allow such a notorious firm to harass customers on your behalf.
I am aware that other customers were also receiving parking charge notices at end bays filled with snow, which I can only assume will be the same reason. A number of customers were commenting about this behaviour as they walked past these vehicles, one referring to this act as “disgusting”.

I have researched the matter and intend to escalate my challenge against UKPC to the independent stage (Parking on Private Land Appeals). However, I am giving <storename> the chance to quash the fake PCN once and for all because I feel you need to know that you and your agents are alienating genuine customers due to UKPC's zero-tolerance policy.

Well before renewing your contracts with UKPC when the time comes, might I just suggest you take time to read and digest the implications to other Retailers, Supermarkets & customers, and the picture painted of UKPC’s aggressive business practices.

Notwithstanding what UKPC may well have to say on the matter, no doubt involving spin about their firm 'being members of the BPA Approved Operator Scheme' (in reality, merely trade body 'club membership' which enables them to buy registered keeper data and certainly does not 'regulate' their industry) I would also respectfully suggest <storename> should research the company you are associating with - in truth, UKPC have a terrible online reputation and sue customers over minor 'infringements' without referral to their clients, like yourselves, who may still naively believe that their agenda is 'parking management'.

I would welcome your own view on this harassment and hope you see fit to ensure that UKPC cancel the 'ticket' forthwith. My research about this matter has revealed that in some cases, stores do cancel tickets for genuine customers which has helped to restore my faith a little, albeit tempered with frustration that <storename> are allowing such an aggressive agent to have free reign to intimidate customers for their own profit, at your (and your customers') own expense.

yours,

Mr x

(UKPC “Parking charge” ref: xxxxxxxxxxx)

This then contains 2 pictures of our car (with reg) parked alongside the snow in the bay. Another customers car from the same day (with reg anonymised) with a windscreen PCN and snow in the bay. And receipts for DW sports and Costa.

I also took a few other pictures of the half filled snow bays without cars parked, but have not included.

I'll also email HO for these 20 companies where I can find contact details.
I'll appeal on day 26 to UKPC using their website for the POPLA ref.

Is this letter and approach ok?

Thanks in advance :-)

The_Deep · 13 January 2018 at 4:20PM

Write some bad stuff on their Facebook page

Umkomaas · 13 January 2018 at 4:24PM

This turn around in the decision to help and revoke has cost me a number of days of my payment period, I am today on day 14.

Forget the ‘payment period’. Are you seriously considering paying them - and don’t tell us you want to take advantage of their ‘reduced amount’ opportunity!

Wait until day 25/26 from the day immediately following the parking event, then send the blue text initial appeal from the NEWBIES FAQ sticky, post #1. Then await their rejection, getting your POPLA Code, where, with help from the forum, you can get this killed off.

Meanwhile continue with your complaints to the retail park and retailers.

sybee · 13 January 2018 at 4:45PM

No I wasn't considering paying at a "discount"!
Just info.

Cheers

beamerguy · 13 January 2018 at 5:54PM

UKPC will persue anyone because they are scammers.

I assume they have provided pictures showing the snow covered
white line.

WARNING ABOUT UKPC ????
They were banned by the DVLA for 3 months because they
faked pictures.
Stupidly, the DVLA failed to give them a lifetime ban
for fraud.

The moral here is to check everything these bad boys do

By the way, sounds like the Shopping car park manager could
well be on commission

Coupon-mad · 13 January 2018 at 6:14PM

The 'delay the registered keeper appeal until day 26' tactic was dreamed up especially with UKPC in mind(!), so don't step away from that tried & tested procedure. Nine times out of ten, or more, posters then get no NTK, and that's 100% win!

sybee · 30 January 2018 at 9:08PM

ok - appealed with the template. Receive an appeal rejection that attempts to address each point.

What do you think of this bit?

"Please note we must liaise with the driver directly and by not providing the driver's details you will be accepting liability for the parking charge.

Paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012, states that we must inform the registered keeper that the driver of a vehicle is required to pay the parking charge in full. It also notes that as we do not know the driver’s name or current postal address, the registered keeper, if they were not the driver at the time, should inform the operator (i.e. us) of the name and current address of the driver and pass the notice to them. The Act also warns that if, at the end of the period of 28 days (beginning with the day after the Parking Charge is sent), the parking charge has not been paid in full and the operator does not know both the name and current address of the driver, the operator has the right to recover any unpaid part of the parking charge from the registered keeper. This warning is given under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to us complying with the applicable conditions under Schedule 4 of that Act (which we consider we do comply with, to the letter)."

KeithP · 30 January 2018 at 9:18PM

I commented on that text on a different UKPC thread only yesterday:

forums.moneysavingexpert.com/showpost.php?p=73799674&postcount=5

Are you following other UKPC threads?

beamerguy · 30 January 2018 at 9:27PM

sybee wrote: »

ok - appealed with the template. Receive an appeal rejection that attempts to address each point.

What do you think of this bit?

"Please note we must liaise with the driver directly and by not providing the driver's details you will be accepting liability for the parking charge.

Paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012, states that we must inform the registered keeper that the driver of a vehicle is required to pay the parking charge in full. It also notes that as we do not know the driver’s name or current postal address, the registered keeper, if they were not the driver at the time, should inform the operator (i.e. us) of the name and current address of the driver and pass the notice to them. The Act also warns that if, at the end of the period of 28 days (beginning with the day after the Parking Charge is sent), the parking charge has not been paid in full and the operator does not know both the name and current address of the driver, the operator has the right to recover any unpaid part of the parking charge from the registered keeper. This warning is given under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to us complying with the applicable conditions under Schedule 4 of that Act (which we consider we do comply with, to the letter)."

Of course the UKPC scammers will say all of this.
It is indeed the rubbish they spout to try to find out
who is the driver ????

GUESS WHAT, you are not going to tell them are you ?

This is the typical junk letter UKPC sends out

You now wait for a POPLA code so you can appeal
further with the help of this forum.

Bet these scammers made no mention of the snow
covering the white lines ... no ?
One would imagine that if UKPC were employed to
manage the car park, they would have made it
suitable for use

No reply needed to the brain dead, await the
POPLA code

sybee · 30 January 2018 at 9:31PM

Thanks Keith P - I did a search for the bit I posted, but didn't see your post- thanks :-)
Thanks Beamer Guy :-)

pappa_golf · 30 January 2018 at 9:50PM

r. This warning is given under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to us complying with the applicable conditions under Schedule 4 of that Act (which we consider we do comply with, to the letter)."

another flying pig passed overhead

Half parked in bay full of snow across designated lines

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