UKPC parking charge - won

[Behla]

I received a registered keeper letter on 06.07.16 as my car was apparently park on a road without displaying a valid permit. I appealed this and having heard nothing from them I then recieved a letter on 28.09.16 saying as I didnt submit further information my appeal was rejected (although I never recieved a letter asking for further evidence?). Anyways I can now appeal to POPLA and they have given me a POPLA number. My reason for appealing is simply that my car was not parked where they say it was parked and there was no signage on the road where my car was parked. The road in which they said my car was parked has always been marked as private. I went back to the road recently where my car was actually parked when ticketed and there is now signage with painting on the road saying private on the road. I want them to provide evidence that my car was parked where they said it was and there was signage there!
Any help would be much appreciated. I am not sure if I am barking up the wrong tree with this and whether I should I just pay it? But it seems so wrong. I have no photos of the road with out signage and now its all well signed. Im so annoyed! I feel they have waited to send the second letter once they addressed the sign issues.
So I just checked google maps... I have screen shots of the road my car was parked on without signage but I cant be sure when this was. I think it was before June 2016 as they were doing building works which would have been taking place in 2015. Does this help me at all?
Also the fine is £60 which then goes up to £100 if not paid within 35 days of the date of second letter (28.09.16). Any help or advice much appreciated.

[mystery1]

Re: UKPC parking charge

Can you post up the PCN and appeal, suitably sanitised.

M1

[Behla]

Re: UKPC parking charge

Content of appeal letter sent to UKPC on 11.07.16
-----------------------------------------

Dear UKPC

Re PCN number:

I am not ignoring your charge for a purported parking infraction. As this is purely a charge, issued under an alleged contract and the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company? I require their contact details.
2. What is the full legal identity of the landowner?
3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority.
4. Is your charge based on damages for breach of contract? Answer yes or no.
5. If the charge is based on damages for breach of contract please provide your justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
8. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.

If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.

However, in my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Do not send debt collector letters and do not add any costs or surcharges. I will not respond to such contact and to involve another firm would be a failure to mitigate your costs which are not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.

Yours faithfully,

[Behla]

Re: UKPC parking charge

Reply from UKPC



Not sure I have done that right. I have also emailed it to Kati with link to this thread.

[mystery1]

Re: UKPC parking charge

To be fair, that's a terrible appeal, if you'd even call it that. Luckily UKPC did and you didn't name the driver. As you got a popla code, job done.

Can you scan the pcn (sanitise it) and, if you have any, pics of the signs ?

M1

[Behla]

Re: UKPC parking charge

I was concerned you were going to say that 🙈 its pretty much a copy paste attempt from the interent.

Is this the PCN?

[Behla]

Re: UKPC parking charge

I dont have a photo of the sign. I thought I did but I dont. Should I go back there and get a photo?

[mystery1]

Re: UKPC parking charge

Leave it with me for now.

M1

[Behla]

Re: UKPC parking charge

Do you have a template I could use to appeal to POPLA? Any ideas what I should include in this? I can get photos of sign and send this to them if you think it might be beneficial.

[mystery1]

Re: UKPC parking charge

It's #1 on my to do list. Photos would be good.

Can you just double check the last date for me as i intended to do it Tuesday http://www.parkingcowboys.co.uk/popla-code-checker/

M1

[Behla]

Re: UKPC parking charge

Thank you so much. That's very kind of you. Any help much appreciated. The deadline is Wednesday according to the very useful link you just posted. I had worked it out as Tuesday so that's good to know. I will try and get some photos tomorrow.

[Behla]

Re: UKPC parking charge

Im sorry I did not get a chance yesterday to get photos. I tried to get photos this morning but they do not show sign clearly and I did not want to get out of my car. I would need to go right up to the sign to get a clear photo. I can send what I have got.

[Behla]

Re: UKPC parking charge

[Behla]

Re: UKPC parking charge



- - - Updated - - -

This is the best I could get. Still cant read all the writing. It is quite high up.

[mystery1]

Re: UKPC parking charge

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

Edit to suit.

Behlapopla.rtf

M1