• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

UKPC - POPLA Appeal - HELP!!! - won

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • UKPC - POPLA Appeal - HELP!!! - won

    Hi All,

    Was issued the fine from UKPC whilst on a visit to the cinema, Yes the car park was rammed, however there was what I thought was a space where I could park.

    It is free parking, I believe up to 3 hours, this was not an issue as I said was only there to see a film.

    The space in question did not have any markings, nor was there a sign located to say that I could not park there. The reason on the fine is "Not parked correctly within the markings of the bay or space" I appealed to UKPC who have in turn obviously turned it down.

    This is there response to my appeal to them:

    "We have investigated your appeal based on the information you have submitted and confirm that this Parking
    Charge was correctly issued because there are sufficient signs at the Crawley Leisure Park warning drivers that
    there is no parking outside of designated bays, this includes parking across two bays.
    All of our signage is fully compliant with the guidelines set out within the BPA Code of Practice and we reject the
    notion that it is in any way unclear or ambiguous.
    The contract that UKPC has with the owner or occupier of the land (which authorises UKPC to enter into a contract
    with the driver requiring the payment of Parking Charges in respect of parking of the vehicle on the land) contains a
    confidentiality clause and as such we are not in a position to provide the contract to you.
    As a member of the Approved Operator Scheme, UKPC are audited by the British Parking Association to ensure
    that we have all relevant contracts in place. UKPC will provide the court with a copy of this in full if they require it, or
    can provide a written statement to this effect from those party to the contract. We are also more than happy to
    provide confirmation to the independent assessors that we are authorised to manage parking at this site.
    We can confirm that parking management at this site has been contracted to UK Parking Control Ltd.
    Paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012, states that we must inform the registered
    keeper that the driver of a vehicle is required to pay the parking charge in full. It also notes that as we do not know
    the driver’s name or current postal address, the registered keeper, if they were not the driver at the time, should
    inform the operator (i.e. us) of the name and current address of the driver and pass the notice to them.
    The Act also warns that if, at the end of the period of 28 days (beginning with the day after the Parking Charge is
    sent), the parking charge has not been paid in full and the operator does not know both the name and current
    address of the driver, the operator has the right to recover any unpaid part of the parking charge from the
    registered keeper. This warning is given under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act
    2012 and is subject to us complying with the applicable conditions under Schedule 4 of that Act (which we consider
    we do comply with, to the letter).
    Our Appeals process is now concluded, you may now pick one of the following options:
    1. Pay the parking charge detailed above at the reduced rate of £60 to UK Parking Control Ltd. PLEASE REFER
    OVERLEAF FOR PAYMENT OPTIONS AND ADDRESS DETAILS.
    2. Make an appeal to POPLA – Submit an appeal online at www.popla.co.uk within 28 days of the date of this letter
    using the verification code above. “Alternatively if you do not have internet access, you can send a letter to POPLA,
    PO Box 1270, Warrington, WA4 9RL within 28 days of the date of this letter using the verification code above.” Please
    note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60, and
    should POPLA’s decision not go in your favour you will be required to pay the full amount of £100. If you opt to pay
    the parking charge you will be unable to appeal to POPLA.
    By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides
    an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not
    chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you
    must do so to POPLA, as explained above.
    3. If you choose to do nothing the parking charge will automatically increase after 35 days from the date of this
    letter to £100 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an
    additional charge of £60, in accordance with our terms and conditions of parking, and further charges will be claimed if Court action is taken against you. Any unpaid Court Judgement may adversely affect your credit rating."

    Where do I go from here?? Any help appreciated.
    Tags: None

  • #2
    Re: UKPC - POPLA Appeal - HELP!!!

    Have you contacted the cinema manager ?

    Do you have a copy of the ticket and your appeal i could see ? (suitably sanitised)

    M1

    Comment


    • #3
      Re: UKPC - POPLA Appeal - HELP!!!

      Luckily I have a copy of the email confirming the booking for the cinema ticket. I have not contacted the cinema manager as I did not think it could be something they would deal with. Its a leisure park and there are several restaurants etc around.

      Regrettably I do not have a copy of the appeal, I used their online form, it did not occur to me to keep a copy as I thought it would email a copy, as it said a confirmation email would be sent.

      I have viewed the pictures they have taken of my car, it was quite dark when they were taken, however it can seen in the picture that the nearest sign is a considerable distance. Would these be of help if I gave you the details to view them?

      ~Many Thanks
      Last edited by pxavier; 4th February 2016, 18:50:PM.

      Comment


      • #4
        Re: UKPC - POPLA Appeal - HELP!!!

        That is the blurb from the fine.
        Attached Files

        Comment


        • #5
          Re: UKPC - POPLA Appeal - HELP!!!

          Try the manager.

          Do they know if who the driver was or just the registered keeper ?

          M1

          Comment


          • #6
            Re: UKPC - POPLA Appeal - HELP!!!

            I did not declare in my appeal if I was either

            Comment


            • #7
              Re: UKPC - POPLA Appeal - HELP!!!

              M1,

              This is more or less the template I used to appeal:



              Dear Sirs

              Re: PCN No. ....................

              I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

              I believe that the signs were not seen/are ambiguous and the terms unclear to drivers before they park. Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as I believe the driver may well be eligible for cancellation.

              There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

              I have kept proof of submission of this appeal and look forward to your reply.

              Comment


              • #8
                Re: UKPC - POPLA Appeal - HELP!!!

                Originally posted by pxavier View Post
                I did not declare in my appeal if I was either
                Ok, try the manager and let me know. If not we'll get a popla appeal ready for you to submit.

                M1

                Comment


                • #9
                  Re: UKPC - POPLA Appeal - HELP!!!

                  Thank you! Sending them an email now, will keep you updated.

                  Comment


                  • #10
                    Re: UKPC - POPLA Appeal - HELP!!!

                    Originally posted by mystery1 View Post
                    Ok, try the manager and let me know. If not we'll get a popla appeal ready for you to submit.

                    M1
                    Have heard back today from Cineworld, they are not willing to help.. Where do I go from here.

                    Comment


                    • #11
                      Re: UKPC - POPLA Appeal - HELP!!!

                      I'll get back to you once I get a few pic issues sorted.

                      M1

                      Comment


                      • #12
                        Re: UKPC - POPLA Appeal - HELP!!!

                        http://parking-prankster.blogspot.co...a-process.html

                        pxavierpopla.rtf

                        M1

                        Comment


                        • #13
                          Re: UKPC - POPLA Appeal - HELP!!!

                          Thank you very much for this!!!

                          I am hoping to send this off tonight... Do you recommend I attach the pictures I have attached as evidence?

                          Also on which grounds should I appeal:

                          I was not improperly parked


                          The amount requested on the parking charge notice is not correct.

                          Or the "Other" option.

                          Many Thanks

                          pxavier
                          Attached Files

                          Comment


                          • #14
                            Re: UKPC - POPLA Appeal - HELP!!!

                            Other.

                            Just leave the photos i'd say.

                            M1

                            Comment


                            • #15
                              Re: UKPC - POPLA Appeal - HELP!!!

                              M1,

                              Had an email yesterday from UKPC, they are not going to contest my appeal!!!

                              Thank you for all your help with this!

                              pxavier

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X