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Disabled bay is not a disabled bay - UKPC Parking Charge Notice
Dig'em
post Mon, 19 Mar 2018 - 22:37
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Hi there,

I've recently received a parking charge notice from UKPC and seeking advice on how best to deal with this.

The 'ticket' states that I was parked in a disabled bay which I have confirmed with the landowner is specifically not a disabled bay (the markings have been removed although some remnants of paint remain), the landowner has also requested that no further ticketing takes place in that part of the car park. Both statements are in writing (email). I was in possession of a valid visitors permit at the time (which I still have).

I have requested that the landowner cancel the parking charge, but they claim to be unable to do so due to a recent change in conditions. They have offered to intervene at the appeals stage if I direct UKPC to them.

I have also noticed that there may be issues with the signage (the parking charge amount is in tiny font, the signage at the barriered, landowner controlled entrance does not set out any terms of the contract and the signs within the site are attached to buildings and not clearly visible from the parking spaces).

The parking charge notice was a notice to driver (stuck to windscreen). A notice to keeper has not yet been received and I have had no contact with UKPC.

What I am seeking advice on is how best to deal with this - should I simply appeal via UKPC website as per the landowner request and point them towards the landowners representatives or should I consider presenting a more full appeal with statements surrounding the signage, data protection act and so on?

Also of general note is that the UKPC 'ticket' mentions a handling fee for credit/debit card payments, a practice now banned!

Any assistance would be gratefully received - I will add relevant photos of signs and so on on request, but I mainly want advice on how best to appeal, or even just to ignore, as I am very wary of having any contact with this company if it can be avoided...I would like to think they would be sensible about this, but I want to be prepared for them behaving in their expected manner!

Thanks in advance!
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post Mon, 19 Mar 2018 - 22:37
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Eljayjay
post Mon, 19 Mar 2018 - 23:38
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Do you have copies of the emails. If not, request them.
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ostell
post Tue, 20 Mar 2018 - 07:37
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In this instance appeal as the keeper so that the appeal arrives at day 26 of the 28 days they give you. Use the fact that it was not a disabled bay, confirmed by the landholder, and therfore no basis to the charge.

The intention is to make them forget to send a Notice to Keeper or save themselves £2.50 by not contacting the DVLA for the keeper details. Either of which would be fatal to their case. You can appeal by email but make sure they know your name and address so that they can contact you.

Then wait and see what happens.

They will, of course, reject but should give you a POPLA code. You then give POPLA the full appeal, including rubbish signs.

This post has been edited by ostell: Tue, 20 Mar 2018 - 07:40
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Jlc
post Tue, 20 Mar 2018 - 08:42
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If the space is not a disabled bay and no other condition has been breached then any claim is doomed.

The usual approach recommended with UKPC is to appeal as the keeper before the NtK is issued as Ostell mentions...

QUOTE (Dig'em @ Mon, 19 Mar 2018 - 22:37) *
Also of general note is that the UKPC 'ticket' mentions a handling fee for credit/debit card payments, a practice now banned!

Indeed, but it's not a card processing fee but an administrative/handling charge. Dodgy but probably legal, just.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Tue, 20 Mar 2018 - 11:02
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Get the landholder confirmation in writing, if you dont already have it.
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Dig'em
post Tue, 17 Apr 2018 - 12:29
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Thanks for the replies so far.

To update, I lodged the appeal on 25th March as RK, stating that they should contact the landowner representative(s) for confirmation using the contact details I provided, as I was asked to do by the landower.

I've now received contact from them asking for further evidence (??) to be sent to them within 14 days and stating that if the appeal is rejected the POPLA code will then be issued at that point. I've not received any notice to keeper so far.

What to do now?

Thanks in advance for any further help smile.gif
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nosferatu1001
post Tue, 17 Apr 2018 - 12:53
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You oculd resond back, saying that as the landowner has cancelled it, they really should do what theyve been asked, and talk to their principal. Your part in this is concluded.
If they vexatiously reject your appeal despite the landoneer having told them to cancel, you will use the POPLA code they provide, cost them £30 AND resevrer the right to claim your reasonable costs in writing the POPLA appeal. This is not the offer of a contract, but a warning that your costs ARE recoverable.
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