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Hello there,
I received a parking charge from UKPC I sent the following letter to them as I had no idea that there was a time limit I thought you were ok to park there as long as you used the shops/restuarant there, so after much looking around on the net, i sent them this letter which was a template of someone else and added my own bits in, it was very dark and raining on the night, I have since seen a sign that states 3 hours parking but i have never seen this before as its as you drive in but as a driver you are looking at the road not the signs, we were over 3 hours as the restaurant didn't sit us down for 2 hours as they were a new restaurant and didn't really know what they were doing, we've bent the restaurant who said we should have left when the time was up, although we didn't know there was a time limit so we wouldn't have done
anyway here was the email i sent back
I deny all liability for this charge, I was in the carpark for the amount of time stated due to the restaurant we visited on the land not attending to our table for over 2 hours due to their incompetence and busy-ness
when I parked up I was not aware I was entering any contract wth anyone for parking, you state the terms are clearly and prominently displayed if it was I would have seen it and would not have breached it , which I did not and was not aware of any contract so do not feel that I have breached the terms and condition as stated in your letter,
You also state that I Agreed to these terms when I parked on the private land, I did not see anything to say the terms and condition for parking, as you can see in the photo It was a very a dark night and was pouring with rain , I have no idea where these terms and conditions are prominently displayed and stated that I have breached, When i Parked I was not aware of any Maximum stay times as there was nothing to state this where I parked or anywhere near that I noticed and would not have breached them if I had known.
I feel The fee being charged contravenes the Unfair Contract Terms Act 1997, it’s excessive and is not a genuine pre estimation of loss. May I point out that for your claim to succeed you would need to prove that it’s a genuine pre estimation of loss. We both know that it’s not the purpose of civil contracts to punish or penalise as this is the role of criminal law.
In addition and since this is a free car park I do not believe that neither you nor the landowner has suffered any loss whatsoever as the car park was very quiet with hardly any cars on it, and even if you had you would need to convince a judge that you are entitled to bring a claim for this amount.
please can you either
Cancel the charge forthwith or Issue me with a POPLA code in accordance with the BPA’s code of practice.
I have just received back the attachment letter, i have a POPLA CODE, just wondered if anyone with more experience could help me as it seems a huge maze out there with all this and I want to get it right, Many thanks in advance :-)
I received a parking charge from UKPC I sent the following letter to them as I had no idea that there was a time limit I thought you were ok to park there as long as you used the shops/restuarant there, so after much looking around on the net, i sent them this letter which was a template of someone else and added my own bits in, it was very dark and raining on the night, I have since seen a sign that states 3 hours parking but i have never seen this before as its as you drive in but as a driver you are looking at the road not the signs, we were over 3 hours as the restaurant didn't sit us down for 2 hours as they were a new restaurant and didn't really know what they were doing, we've bent the restaurant who said we should have left when the time was up, although we didn't know there was a time limit so we wouldn't have done
anyway here was the email i sent back
I deny all liability for this charge, I was in the carpark for the amount of time stated due to the restaurant we visited on the land not attending to our table for over 2 hours due to their incompetence and busy-ness
when I parked up I was not aware I was entering any contract wth anyone for parking, you state the terms are clearly and prominently displayed if it was I would have seen it and would not have breached it , which I did not and was not aware of any contract so do not feel that I have breached the terms and condition as stated in your letter,
You also state that I Agreed to these terms when I parked on the private land, I did not see anything to say the terms and condition for parking, as you can see in the photo It was a very a dark night and was pouring with rain , I have no idea where these terms and conditions are prominently displayed and stated that I have breached, When i Parked I was not aware of any Maximum stay times as there was nothing to state this where I parked or anywhere near that I noticed and would not have breached them if I had known.
I feel The fee being charged contravenes the Unfair Contract Terms Act 1997, it’s excessive and is not a genuine pre estimation of loss. May I point out that for your claim to succeed you would need to prove that it’s a genuine pre estimation of loss. We both know that it’s not the purpose of civil contracts to punish or penalise as this is the role of criminal law.
In addition and since this is a free car park I do not believe that neither you nor the landowner has suffered any loss whatsoever as the car park was very quiet with hardly any cars on it, and even if you had you would need to convince a judge that you are entitled to bring a claim for this amount.
please can you either
Cancel the charge forthwith or Issue me with a POPLA code in accordance with the BPA’s code of practice.
I have just received back the attachment letter, i have a POPLA CODE, just wondered if anyone with more experience could help me as it seems a huge maze out there with all this and I want to get it right, Many thanks in advance :-)
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