UKPC - UK Parking Control

[allwite]

Hi All,

I am looking for some help with a recent Parking Charge Notice that I have received from UK Parking Control.

I was parked at my parents on a private estate on the road. There clearly was a sign that said not to park where I did, but given that it is a private estate right outside my parents I didnt think anything of it.

On returning to my car, i found out that i had a parking ticket. Having had a look at the ticket I have seen that the registration on the ticket was the wrong one as a letter was wrong. Given that the car registration on the ticket was not my car I ignored it. Some weeks later i have received a letter with the correct REG on it saying that I have to pay. I did call the company to argue that the original ticket was not for my car and there for i shouldn't have to pay the fine. They told me that they are able to review the pictures and saw the mistake and are allowed to resend the ticket.

Do i need to pay this?

The title of the letter is 'RE: Parking Charge - Notice to keeper' This mentions no 'fine'.

Te letter does say that failure to pay within the given 28 day period they WILL pass the charge to a debt recovery agent.

On the back it says it MAY result in court proceedings in accordance with the Administration of Justice Act 1970.

Please help.

[Kati]

Re: UKPC - UK Parking Control

tagging [MENTION=5354]mystery1[/MENTION]

[allwite]

Re: UKPC - UK Parking Control

Thank you.

[ostell]

Re: UKPC - UK Parking Control

When was the original ticket issued and when was the "updated"ticket received? Precise details please. Post up the Notice to Keeper, with identifying details removed, so that others can comment and edit your posts so that the identity of the driver cannot be inferred.

The Notice to Keeper has to comply with the requirements of POFA. One of those is that the details on the NTK and the Notice to Driver have to be the same. Another is that the Notice to Keeper, after a windscreen ticket, has to arrive between days 28 and 56 after the incident.

[allwite]

Re: UKPC - UK Parking Control

Thank you - I shall update all this information this evening.

[allwite]

Re: UKPC - UK Parking Control

Please see below the links to my pictures. I hope this works.

I received the original ticket (with the wrong car reg) on the 30/05/16. The then sent the 'Notice to Keeper' on the 29/06/16 but i did not receive this until the 04/07/16.

Any advice is much appreciated.

[ostell]

Re: UKPC - UK Parking Control

The Notice to Driver and the Notice to Keeper MUST contain the same information as one of the conditions to hold the keeper liable under POFA if they don't know the name of the driver. With you phoning them do they know who was driving?
There may be other problems on the NTK but I can't see it at the moment (browser problems). Check if it is correct by looking at Paragraph 8 of POFA to see everything that should be there is there and noting is missed out.

[allwite]

Re: UKPC - UK Parking Control

Hi,

Thanks so much, Having had a brief look at paragraph 8, it does look like it contains all this information. However the Notice to Keeper and the original ticket do not include the same registration. Can i get off this fine on a technicality because of this?

When i called i explained that i returned to my car to find a ticket on the windscreen, but as the registration on the ticket did not relate to my car then i assumed it had been placed there by accident.

[ostell]

Re: UKPC - UK Parking Control

Does the NTK state the period of parking, does it state the creditor, does it give the warnings about the keeper being liable under POFA, does it invite the keeper to name the driver?

P.S. It's not a fine, it's a speculative invoice. Yes, you can get off because of technicalities but the more non compliances you find the better.

[mystery1]

Re: UKPC - UK Parking Control

You had a winning argument in that they had not complied fully with POFA in so far as the vehicle with different registrations was a massive headache. However, it appears they know who was driving so keeper liability becomes moot.

It may be that you can win at popla on signage or if they faill to lodge evidence of their right to operate on the land. This risks the discount though.

http://legalbeagles.info/forums/show...526#post636526

M1

[allwite]

Re: UKPC - UK Parking Control

Ok so basically i have to pay it is what you are saying???

[mystery1]

Re: UKPC - UK Parking Control

Nope, i'm saying you can win but it's not a guarantee and if you want to continue with the risk of paying £100 instead of £60 (providing you'd even pay, that is) i'll help you.

M1

[allwite]

Re: UKPC - UK Parking Control

Cool - Well the fine is already up to £100 now and i believe it has to be paid by Friday.

[mystery1]

Re: UKPC - UK Parking Control

Well there isn't any point not appealing then as it's £100 even if you lose.

Appeal http://legalbeagles.info/forums/show...526#post636526

Once that's lost come back for a popla appeal.

M1

[allwite]

Re: UKPC - UK Parking Control

In the bit where it says *insert as appropriate* can i mention that the registration on the initial ticket does not match the registration on the 'Notice to Keeper'

Do you have any wording I can use?

Your help is much appreciated.