We were given a parking charge by UKPC when the car was parked at Millennium Retail Park, Greenwich, London at 15:19 on 25 November 2015. The charge was because the car was not parked within the markings of the bay or space.
The charge was given to the driver on the windscreen and is £100 with a reduced charge of £60 if paid within 14 days.
We took no action and on 29 December, a notice to keeper was sent through the post demanding the payment of £100.
I appealed to UKPC on 9th January as the registered keeper and raised the usual challenge of signs not well displayed, charge is unreasonably high, the POFA (liability to keeper), who is the creditor, demanded the contract between UKPC and the landowner and the POPLA reference if the appeal is turned down.
UKPC responded on 18th January with the attached letter claiming the Parking Charge was correctly issued and demanded a payment of £60 within 35 days and will raise the charge to £100 thereafter.
I am now considering if it is worthwhile to appeal to POPLA given the precedence set by the Beavis case as it will be difficult to challenge UKPC based on GEPOL (is this a correct assumption ?)
I have checked with DVLA and it appears that UKPC requested the keeper details on 24th December 2015 (so I presume it is difficult to challenge on the POFA schedule 4)
The other challenge is to request to provide contractual details to substantiate their right to enter into contracts with the drivers. And this will only be successful if UKPC for whatever reason is not able to produce this evidence.
So do I read it that the chance for POPLA to allow this appeal is slim.
I know POPLA decision is not binding as far as the keeper is concerned.
Then the next stage (if we choose not to accept the POPLA decision and pay the £100) we would need to deal with the debt collector letters from UKPC and also hope that they will not take us to court
I am trying to weigh up the different options/scenarios :
1. appeal to POPLA
2. pay up now - without going to POPLA
if we take up option 1, but fail to get a favourable reply from POPLA, then we need to decide if we should pay the £100 or just sit tight and deal with the torrents of debt collectors letters and the off chance of a court proceeding which could become very costly ...and slim chance of winning post Beavis ...(and this could be stressful ...)
Any advice would be much appreciated ...!!!
The charge was given to the driver on the windscreen and is £100 with a reduced charge of £60 if paid within 14 days.
We took no action and on 29 December, a notice to keeper was sent through the post demanding the payment of £100.
I appealed to UKPC on 9th January as the registered keeper and raised the usual challenge of signs not well displayed, charge is unreasonably high, the POFA (liability to keeper), who is the creditor, demanded the contract between UKPC and the landowner and the POPLA reference if the appeal is turned down.
UKPC responded on 18th January with the attached letter claiming the Parking Charge was correctly issued and demanded a payment of £60 within 35 days and will raise the charge to £100 thereafter.
I am now considering if it is worthwhile to appeal to POPLA given the precedence set by the Beavis case as it will be difficult to challenge UKPC based on GEPOL (is this a correct assumption ?)
I have checked with DVLA and it appears that UKPC requested the keeper details on 24th December 2015 (so I presume it is difficult to challenge on the POFA schedule 4)
The other challenge is to request to provide contractual details to substantiate their right to enter into contracts with the drivers. And this will only be successful if UKPC for whatever reason is not able to produce this evidence.
So do I read it that the chance for POPLA to allow this appeal is slim.
I know POPLA decision is not binding as far as the keeper is concerned.
Then the next stage (if we choose not to accept the POPLA decision and pay the £100) we would need to deal with the debt collector letters from UKPC and also hope that they will not take us to court
I am trying to weigh up the different options/scenarios :
1. appeal to POPLA
2. pay up now - without going to POPLA
if we take up option 1, but fail to get a favourable reply from POPLA, then we need to decide if we should pay the £100 or just sit tight and deal with the torrents of debt collectors letters and the off chance of a court proceeding which could become very costly ...and slim chance of winning post Beavis ...(and this could be stressful ...)
Any advice would be much appreciated ...!!!
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