Parking Charge UKPC

[fluffs16]

So on the 16/03/2019, the driver parked in a Screwfix car park, after it had shut. Thought nothing of it as didn't see any signs. Then the keeper receive a letter dated 17/04/2019 (a month later), bear in mind, this didn't come on that said day, from UKPC demanding £100 payment so the keeper didn't have the option to pay less? Does the keeper have to pay this or not?

[charitynjw]

So on the 16/03/2019, the keeper parked in a Screwfix car park, after it had shut. Thought nothing of it as didn't see any signs. Then the keeper receive a letter dated 17/04/2019 (a month later), bear in mind, this didn't come on that said day, from UKPC demanding £100 payment so the keeper didn't have the option to pay less? Does the keeper have to pay this or not?

Hi Fluffs & welcome to LB.
Short answer?
Possibly not.....
.....but to be sure, could you post up a picture of the postal notice to keeper (front & rear, redact your personal info but leave all times & dates visible.)
If you can also post a pic of the site sign, that would be good as well.
You're certain there was no notice to driver? (Windscreen PCN.)

[ostell]

Edit

( admin edit: DONE )

[fluffs16]

No there was definitely nothing on the window screen that the driver noticed when they returned, which it states there was in the letter.
I will attach a picture of the postal notice, front and back, hope the pictures are clear enough when this is done.
Going to the site on next week to see any signs, positioning and readability.

[fluffs16]

The driver visited the site again and took some pictures. Hope they are readable and help, thanks again.

[ostell]

So you write back to them and state there can be no keeper liability for at least 2 reasons

There was no windscreen ticket and the NTK was received after the relevant period of 14 days contrary to POFA 9 (4)

The sign is a prohibiting sign in that there is only a contract to park offered to screwfix customers and it would be perverse to to claim otherwise. As there is no contract offered to non screwfix drivers then there can be no claim for breach of a non existant contract. The only true claimant would be the landowner for nominal trespass

[fluffs16]

Thank you, when writing a letter back to them, do I sign the letter or attach any pictures as proof?

[charitynjw]

Thank you, when writing a letter back to them, do I sign the letter or attach any pictures as proof?

Nope to attaching proof.
Just make the assertions as ostell l has suggested.
They should be diligent enough to take on board your representations & check the veracity themselves.
But hey, this is private parking co's we're talking about.......

[fluffs16]

Do I have to sign or leave it without a name? And just write it saying registered driver/keeper?

[ostell]

You write it as the registered keeper and sign it.

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

Additionally the signage in the car park is of a “forbidding” nature. It is limited to "Screwfix Customers Only" and therefore the terms cannot apply to non customers because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


First class post with a free certificate of postage

[fluffs16]

Thank you very much for your help with this matter, I will update if I hear anything.

[fluffs16]

So I posted the letter on 2nd May, first class, recorded delivery, but have still not heard anything. I am worried that the fine is due to go up on Weds 15th May, can they do this without response to me?

[ostell]

What did the last line of the post with the letter say? If it's recorded then they know it's something they won't like and can refuse. What is the status of the delivery on the Royal Mail web site? I've never had a signed for delivery be successful

It's not a fine, it's merely an invoice. Why do you think they gave the reduced rate? It's not the goodness of their hearts, it's to scare people into paying something when they don't need to pay anything at all.

[charitynjw]

If what you've stated about the dates (post #1) is correct, you can pay 60% of £100, or 100% of £zero.
I think I know which I would choose.

[fluffs16]

They signed and received it on the 7th May and the signature is on the Royal Mail website so proof is there. Is it now a case of just waiting for a response? Just worried as the fine is due to go up Weds.