Ukpc charge

[Yeahbuddy]

Good Morning,

I was wondering if someone could help with a bit of advice.
Week or so ago i got a letter in the post with a parking charge from the 12th of June for parking outside of a marked bay in stevenage leisure park. When I went onto the website to view the charge there was actually a windscreen ticket attached the car which the driver genuinely never saw.
The driver parked the car in the 2nd to end bay of the carpark. The driver would of parked in the very end bay but was unable to put the car in it as the bush has grown into the area making it too small to fit a car inside the lines.
I emailed Nandos, who the driver was visiting and they said they are unable to cancel the ticket as have no control over parking charges.
I have appealed to UKPC to say the driver didn't cause any issue and would of parked in the space if was big enough , gebuine customer etc. I've since had (an automatic letter I assume) a final demand saying they wrote to me 28 days ago so now the registered keeper is liable although the dates on the letters are 15 days apart and I recieved the first letter way after the date printed on it.
I've no doubt the appeal will get rejected,what grounds could i appeal to the next stage on? They say signage is prominently displayed, but on the photos attached to the charge the writing is so small it's impossible to read and I had to go and get my own zoomed in version. £100 just seems crazy for having a wheel over a line into an area that noone could park in.

[des8]

Could you please post up a copy of the Notice to Keeper that you have received.
Remove all identifying details but leave in all dates and times

a copy of the signage might also be useful

[Yeahbuddy]

Sure, hopefully these links are ok, it won't let me upload the photos directly

https://ibb.co/cYLnggB https://ibb.co/yBjBg35
https://ibb.co/0rHVF5m
https://ibb.co/dJ2ZpLC

[des8]

So I would write to them along the following lines:

Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc

Probably won't accept it as a valid challenge, but it is a start

[Yeahbuddy]

Thank you!

I will send now and update when I hear back

[Yeahbuddy]

Hi,

As expected my appeal was rejected. They wrote to me asking for me to name the driver, which I didn't and then they rejected the appeal. I now have the option to pay £60 or appeal to POPLA and pay £100 if I lose.
is it worth me appealing on the basis tbasis he period of parking is missing and the signage they attached to the Online evidence is very far away from where I was parked as no visible signage from where I was parked?

thanks

[des8]

I would appeal to PoPLA, and if I lost there I would defend a court claim, because there is a viable defence
However there is a risk that I would lose and have to pay the £100 plus their limited legal costs.

But then I don't like being taken for a ride but will risk losing.

However it is your choice, and you might find court stressful.

[Yeahbuddy]

I will appeal this week. Thank you!

[Huxie]

EDIT: ULA I don’t appear to be able to report the actual post for some reason. Can you fettle it please?

Ignore the poster CECILBASS, they are a spammer (hidden link) and have been reported.