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  • FIRST POST
    • swynjones
    • By swynjones 10th Aug 18, 9:20 PM
    • 5Posts
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    swynjones
    UKPC refuse my appeal - what now?
    • #1
    • 10th Aug 18, 9:20 PM
    UKPC refuse my appeal - what now? 10th Aug 18 at 9:20 PM
    Hi can anyone help me please? A couple of weeks ago my car was parked on a local dentist's (now a BUPA dentist) at approx. 4.30pm on a Sunday afternoon when the dentist was closed. Apparently you need a permit to park there - the signs are on the building wall but as there are a lot of dental practice signage there as well it's not that clear. Anyway I got a ticket for 60 if paid within 14 days and would then rise to 100. I panicked a bit as I really can't afford to pay 60 never mind 100. I looked at the main MSE site which recommended not ignoring it so I wrote an appeal letter to UKPC where I stated the charge was disproportionate and not commercially justifiable. I've had a letter back rejecting the appeal stating that the signage is fully compliant with BPA Code of Practice and stating that the Supreme Court confirms that parking charges are fully enforceable (mentioning ParkingEye v Beavis) and they don't have to reflect any loss.
    I didn't see this forum advising you not to do anything for 2 weeks until after I had the rejection letter What are my options now?

    Last edited by swynjones; 10-08-2018 at 9:47 PM.
Page 1
    • waamo
    • By waamo 10th Aug 18, 9:25 PM
    • 4,892 Posts
    • 6,332 Thanks
    waamo
    • #2
    • 10th Aug 18, 9:25 PM
    • #2
    • 10th Aug 18, 9:25 PM
    Have they given you a POPLA code? If so use it. Use the information in the Newbies thread to formulate an appeal.
    This space for hire.
    • Quentin
    • By Quentin 10th Aug 18, 9:26 PM
    • 38,004 Posts
    • 22,103 Thanks
    Quentin
    • #3
    • 10th Aug 18, 9:26 PM
    • #3
    • 10th Aug 18, 9:26 PM
    Everyone is politely asked to read up on this in the newbies FAQ thread near the top of the forum before starting a new thread

    Go there now to learn about the game you are now caught up in and how to deal with this

    Throughout here you are advised never to reveal who was driving.

    You need to edit your post to remove details of who was driving

    The ppcs monitor this forum and can use your posts against you

    Concentrate on #1 & #3 in the FAQ.

    #3 advises on second appeals to popla
    • Umkomaas
    • By Umkomaas 10th Aug 18, 9:35 PM
    • 20,627 Posts
    • 32,531 Thanks
    Umkomaas
    • #4
    • 10th Aug 18, 9:35 PM
    • #4
    • 10th Aug 18, 9:35 PM
    Surely if you were having dental treatment, especially under BUPA, the dentist would arrange to have the parking charge cancelled? Go and ask him to get it cancelled.

    Or are you telling us that the car was dumped there, on someone else's property, because it suited to do that? Any idea why these pariahs exist?
    Last edited by Umkomaas; 10-08-2018 at 9:37 PM.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • swynjones
    • By swynjones 10th Aug 18, 9:48 PM
    • 5 Posts
    • 0 Thanks
    swynjones
    • #5
    • 10th Aug 18, 9:48 PM
    • #5
    • 10th Aug 18, 9:48 PM
    I wasn't having dental treatment - the practice was actually closed - late Sunday afternoon.
    • Umkomaas
    • By Umkomaas 10th Aug 18, 9:59 PM
    • 20,627 Posts
    • 32,531 Thanks
    Umkomaas
    • #6
    • 10th Aug 18, 9:59 PM
    • #6
    • 10th Aug 18, 9:59 PM
    I wasn't having dental treatment - the practice was actually closed - late Sunday afternoon.
    Originally posted by swynjones
    Why park there then if you weren't having treatment? Wise up, everywhere, private parking facilities are being infested by parking companies setting mantraps for the unwary, or fly-parkers who don't give a f*ck for others' private property just so they can park their cars as and wherever they feel like. Now you've lined yourself up for up to 6 years of harassment, grief and the potential for a legal case against you.

    You need to get this killed off at POPLA, then respect others' property, and in future, read very carefully the signs on any private parking facility and comply fully with the requirements. It's the only way you (or I) can help put these pariahs out of business!

    Surely you realised I didn't for one moment think you were having dental treatment on a Sunday!
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • swynjones
    • By swynjones 10th Aug 18, 10:50 PM
    • 5 Posts
    • 0 Thanks
    swynjones
    • #7
    • 10th Aug 18, 10:50 PM
    • #7
    • 10th Aug 18, 10:50 PM
    Umkomaas - I was under the impression that this forum was to help people. I'm not a fly-parker who doesn't give a f*ck for others' private property - for years this piece of land has been used by many to park to nip into town. I was under a lot of stress on that day due to personal circumstances and was distracted so made a genuine mistake - however all the signs were on the building and not where I parked so were not obvious to me.
    I went on the main MSE site first and used their template - I didn't see anything there about not responding for 2 weeks.
    It wasn't til after the rejection that I found this forum and now realise that as I've unknowingly admitted I was driving that I probably won't win a POPLA appeal either.
    I don't appreciate your sarcasm - "Surely you realised I didn't for one moment think you were having dental treatment on a Sunday! ".
    Anyway - thanks for the advice "Now you've lined yourself up for up to 6 years of harassment, grief and the potential for a legal case against you." - expensive lesson learnt - thanks for nothing.
    • Umkomaas
    • By Umkomaas 10th Aug 18, 11:18 PM
    • 20,627 Posts
    • 32,531 Thanks
    Umkomaas
    • #8
    • 10th Aug 18, 11:18 PM
    • #8
    • 10th Aug 18, 11:18 PM
    for years this piece of land has been used by many to park to nip into town. I was under a lot of stress on that day due to personal circumstances and was distracted so made a genuine mistake
    So speak to the dentist and tell him that, maybe he'll be sympathetic and help you out. But you might also question why he's employed scammers to keep people off his land.

    Sometimes it's tough love on here and it might just save you from such mantraps in future.

    I'm not a fly-parker who doesn't give a f*ck for others' private property
    Maybe you were just one of these -

    setting mantraps for the unwary
    I didn't suggest which one you were, you jumped to that! Should I read anything into it?

    thanks for nothing
    You might, in the fullness of time, revise that sarcasm. I expect it will save you quite a bit.

    Why not answer what waamo asked you? Regulars don't ask questions, giving of their free time, just to be ignored!

    Have they given you a POPLA code? If so use it. Use the information in the Newbies thread to formulate an appeal.
    Here's the critical advice that I've given for you, that your red mist seems to have blinded you from.

    You need to get this killed off at POPLA
    So you just need to get on with it! Get it out of your life.
    Last edited by Umkomaas; 10-08-2018 at 11:22 PM.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Quentin
    • By Quentin 10th Aug 18, 11:18 PM
    • 38,004 Posts
    • 22,103 Thanks
    Quentin
    • #9
    • 10th Aug 18, 11:18 PM
    • #9
    • 10th Aug 18, 11:18 PM
    .....- for years this piece of land has been used by many to park to nip into town. I was under a lot of stress on that day due to personal circumstances and was distracted so made a genuine mistake ,....
    Originally posted by swynjones
    Mitigation like this won't sway popla!

    If you don't win at Popla then the next stage is the unpleasantness of debt collectors and then a court case to contend with.

    You were being prepared for that!

    (This forum is quite separate to the main site section on parking.

    Shame you didn't come here first!)
    Last edited by Quentin; 10-08-2018 at 11:22 PM.
    • swynjones
    • By swynjones 10th Aug 18, 11:38 PM
    • 5 Posts
    • 0 Thanks
    swynjones
    Waamo yes I do have a POPLA code but having read everything on the thread about not admitting you're the driver then do I have any chance of winning an appeal?
    Thanks for your advice Quentin and yes I'm kicking myself for not coming here first I'm fully aware of the consequences of not winning at POPLA which is why I posted on here. I can't really afford the 60 so really don't want to pay 100 if I don't win and due to my personal circumstances I definitely don't want to face debt collectors or court cases.
    So Umkomaas in your opinion if having more or less admitted to being the driver do I have any chance whatsoever at winning at POPLA? I'm not expecting anyone to do it for me but from what I've read most people win their appeals by not admitting to being the driver.
    • waamo
    • By waamo 10th Aug 18, 11:45 PM
    • 4,892 Posts
    • 6,332 Thanks
    waamo
    Admitting being the driver makes a win at POPLA marginally more difficult but far from impossible.

    You really need to do a little reading about this. It's all in the Newbies thread and this is very winnable.

    Paying the 60 will put you on a mugs list. They will chase you for more at some point. We see it so often it's amazing.
    This space for hire.
    • Redx
    • By Redx 10th Aug 18, 11:46 PM
    • 20,388 Posts
    • 25,752 Thanks
    Redx
    all you can do is put in a popla appeal based on the following arguments

    NO LANDOWNER AUTHORITY
    POOR AND INDEQUATE SIGNAGE
    CoP failures
    not the same as the beavis case


    naming the driver means that POFA2012 arguments cannot be used as the driver is always deemed to be responsible for their own actions


    and only an assessor can tell you if it will win or not, they do not come on here so we have no way of second guessing if your appeal will succeed or not

    the ability to pay (or not) is irrelevant in a legal dispute

    if you dont do something to kill it off then you eitehr pay it in full or defend a possible court case within 6 years

    you are already picked and are playing the game, you dont have a choice in this matter

    you will get more of these unless you change the way you think about parking, because there are thousands of private car parks where you can easily pick up another ticket for a variety of reasons

    the simple rule on parking is , if you cannot afford a ticket , then ensure that where the vehicle is parked the driver has permission and has correctly parked in accordance with the parking rules, be it on the public highway , a council car park, OR on a private car park

    if you dont , this wont be the last one you receive, because they infest almost everywhere you can park nowadays
    Last edited by Redx; 10-08-2018 at 11:56 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Umkomaas
    • By Umkomaas 10th Aug 18, 11:49 PM
    • 20,627 Posts
    • 32,531 Thanks
    Umkomaas
    So Umkomaas in your opinion if having more or less admitted to being the driver do I have any chance whatsoever at winning at POPLA? I'm not expecting anyone to do it for me but from what I've read most people win their appeals by not admitting to being the driver.
    Admitting to being the driver - although I don't think we've seen exactly what you said (can you show us?) - isn't fatal. There's mileage in landowner authority, signage, BPA Code of Practice compliance, you have to research here on other winning appeals against UKPC in particular.

    Even if you lose at POPLA, it's not binding on you. But if you can't afford the amount claimed (and no one here advises you to pay it) you've got to fight hard to kill this off. No one can give guarantees that this will be easy, but if you're prepared to put in the effort, you'll find regulars will rally round and help - although people do tell it as it is from time to time.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • swynjones
    • By swynjones 11th Aug 18, 12:23 AM
    • 5 Posts
    • 0 Thanks
    swynjones
    Thanks all
    Umkomaas - if I show you the letter I sent - yes I sent a letter having not seen the forum first will it go against me? Quentin quoted "The ppcs monitor this forum and can use your posts against you".
    • waamo
    • By waamo 11th Aug 18, 12:54 AM
    • 4,892 Posts
    • 6,332 Thanks
    waamo
    Will it go against you? It depends what you put. Which we haven't seen so can't say.
    This space for hire.
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