Parked in Kwikfit car park with management permission but received PCN

[zed007]

Hi hope someone can shed some light on this as this relates to my brother

He's parked at Kwikfit and obtained verbal permission he can park the car park as he was working (builder) at a customers house and there was no parking. The parking attendant was happy with this.

On one of the days another parking attendant was there and gave a ticket by UKPC. My brother went several times and mentioned to the parking attendant and also Kwitfit manager and they said we cannot cancel it and its UKPC that can do it.
He's ended up get letters from debt collectors and finally its gone to the ombudsman. My brother did get a letter from Kwikfit confirming he was allowed to park there and UKPC have added that as evidence but surely they could have cancelled this knowing my brother was allowed to park right?

My brother has received an email from Ombudson on whether he would like to add anything else. He's quite upset with all this and financially not capable right now on forking out £200+
Is it possible to Ombudson will go against my brother even though he sent the letter by Kwikfit confirming he was allowed to park?

Thanks in advance

Zed

[12tribes]

Sounds to me like your bro has a cast iron case and has all the written records he made /sent / documented also;
it should never have got this far if Kwikfit had sent a parking permission email to its own parking contractor / ukpc in the 1st instance; your bro may now have a bad credit score now that debt collectors involved. The fault is with K/F.
Similar things happen on Lidl car parking, Lidl get those 'mistake' tickets cancelled for their honest customers
Ombudsman: I cant see bro losing - if the K/F letter is clear - but there is always a review, I believe

[zed007]

Here is the email he had

[des8]

Which Ombudsman, or was it an appeal to POPLA?

Any way, await outcome of this appeal.
Even if your brother loses at this point he might win in court.

[zed007]

Hi hope someone can shed some light on this as this relates to my brother

He's parked at Kwikfit and obtained verbal permission he can park the car park as he was working (builder) at a customers house and there was no parking. The parking attendant was happy with this.

On one of the days another parking attendant was there and gave a ticket by UKPC. My brother went several times and mentioned to the parking attendant and also Kwitfit manager and they said we cannot cancel it and its UKPC that can do it.
He's ended up get letters from debt collectors and finally its gone to the ombudsman. My brother did get a letter from Kwikfit confirming he was allowed to park there and UKPC have added that as evidence but surely they could have cancelled this knowing my brother was allowed to park right?

My brother has received an email from Ombudson on whether he would like to add anything else. He's quite upset with all this and financially not capable right now on forking out £200+
Is it possible to Ombudson will go against my brother even though he sent the letter by Kwikfit confirming he was allowed to park?

Thanks in advance

Zed

Yeah totally agree it would have been so much easier for Kwikfit to do that but instead they just emailed my brother instead confirming he had permission to park,

[zed007]

Which Ombudsman, or was it an appeal to POPLA?

Any way, await outcome of this appeal.
Even if your brother loses at this point he might win in court.

Just checked its with Ombudsman services POPLA.

He had this email 2 days ago from From: Ombudsman Services <info@popla.co.uk>

Your parking charge appeal against UK Parking Control Limited - EW.

UK Parking Control Limited - EW has now uploaded its evidence to your appeal. This will be available for you to view by clicking here

Please note: some evidence may not show immediately, if it is not currently available on your account please check back later before contacting us.

You have seven days from the date of this correspondence to provide comments on the evidence uploaded by UK Parking Control Limited - EW.

Please note that these comments must relate to the grounds of appeal you submitted when first lodging your appeal with POPLA, we do not accept new grounds of appeal or evidence at this stage

Any comments received after the period of seven days has ended will not be considered and we will progress your appeal for assessment. Therefore, if you have any issues with the evidence uploaded by UK Parking Control Limited - EW such as being unable to view it online, please contact POPLA immediately via phone - 0330 1596 126, or email - info@popla.co.uk, so that we can look to rectify this as soon as possible.

After this period has ended, we will aim to issue our decision as quickly as possible. The decision we reach is final and binding. When the decision is reached there is no further option for appeal.

Yours sincerely

POPLA Team


Is there anything worth adding ? the evidence is already there so not sure if there's anything additional to add


I think UKPC main argument is that if you were allowed to park then Kwikfit should have added the vehicle on the registered system but how was my brother supposed to know? The other point is seems is my brother got the kwikfit email on 2/10/23 confirming he was allowed to park on those 3 occasions

[des8]

IIf your understanding of UKPC's argument is correct I would expect POPLA to order the cancellation of the charge.

However if the decision goes against your brother, he still doesn't have to pay.

There will be chasing letters and perhaps debt collectors involved, and finally a court case

If your brother had permission from the occupier (Kwikfit) the UKPC should have cancelled the charge as they only "manage" the parking