UKPC - POPLA Appeal - HELP!!! - won

[pxavier]

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.

[pxavier]

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

[mystery1]

Re: UKPC - POPLA Appeal - HELP!!!

Other.

Just leave the photos i'd say.

M1

[pxavier]

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

[mystery1]

Re: UKPC - POPLA Appeal - HELP!!!

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

pxavierpopla.rtf

M1

[mystery1]

Re: UKPC - POPLA Appeal - HELP!!!

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

M1

[pxavier]

Re: UKPC - POPLA Appeal - HELP!!!

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.

[pxavier]

Re: UKPC - POPLA Appeal - HELP!!!

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

[mystery1]

Re: UKPC - POPLA Appeal - HELP!!!

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

[pxavier]

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.

[pxavier]

Re: UKPC - POPLA Appeal - HELP!!!

I did not declare in my appeal if I was either

[mystery1]

Re: UKPC - POPLA Appeal - HELP!!!

Try the manager.

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

M1

[pxavier]

Re: UKPC - POPLA Appeal - HELP!!!

That is the blurb from the fine.

[pxavier]

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

[mystery1]

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