UK Parking Control Options

[iangill]

Today, a friend of mine received a parking ticket from UK Parking Control.
Here is an account of what happened.


Car park is a small underground space which is not very well lit. Used to belong to a supermarket but now is privately owned. There are bays but at least 8 are sectioned off due to damage and there are some spaces that have been squashed into a corner. Disabled bays used by anyone and it's quite dark to see the markings. As you enter the car park there is enough space for two cars which doesn't obstruct anything. This area is used frequently and there was a taxi driver who said my friend would be fine. My friend checked the walls and there were no clear posters or wording to say DO NOT PARK etc. My friend phoned the number which was clear and paid for three hours. The ticket says that the attendant had reasonable cause to believe my friend had not parked correctly within the markings of a bay or space but there were no markings to park within but no notice to say don't park here either.

Any advice n the matter is greatly appreciated.

This post has been edited by iangill: Tue, 15 Jan 2019 - 22:00

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[cabbyman]

EDIT that post NOW! REMOVE ALL identifying detail. This is CRUCIAL.

Registered Keeper, NOT the driver, appeals to arrive on day 26:

Dear sirs,

ref xxxx VRM xxxx

I am the Registered Keeper of the above vehicle. The driver has passed your above referenced PCN to me.

A site inspection reveals that no signage is visible, contrary to the decision by the Supreme Court in Parking Eye v Beavis

Consequently, you cannot hold me liable as keeper. I am under no obligation to name the driver and will not be so doing. I require you to cancel this notice forthwith or provide me with a POPLA code where I will arrange for you to be instructed to cancel it.

Love and kisses.

Make a slight error in the name or address, eg Grene instead of Green. The idea is that they are required by PoFA to apply to DVLA for RKs' details before sending a NtK. If they don't, it's another PoFA fail to put into a winning POPLA appeal.

[iangill]

Thanks Cabbyman for the reply.
I may be missing something but what, specifically, is the identifying detail that I should remove?

Thanks

[cabbyman]

PCN number, VRM. Also, reword the post to avoid identifying the driver. Just about every thread that you have read will say the same thing.

[Redivi]

The words that indicate the gender of the driver

[iangill]

ok, I think I've edited the post correctly??

can I just clarify that if we are to appeal within 14 days then the fine stays at £50? if we don't appeal within 14 days then the potential fine is increased to £100

thanks.

[ostell]

No you haven't. Use "the driver......" etc no personal pronouns

[cabbyman]

can I just clarify that if we are to appeal within 14 days then the fine stays at £50? if we don't appeal within 14 days then the potential fine is increased to £100

That's the blackmail clause. UKPC rarely get to the point where they manage to collect anything, let alone £50 or £100.

[iangill]

ok, so the advice is to write a letter describing what cabman suggested and take it from there?

[iangill]

So, my friend had revisited the car park today to check for signage regarding not parking in a designated parking bay. There are several signs posted around the perimeter wallls of the car park confirming that it is prohibited to park in anything other than marked bays. My friend has sent me a pic of this and I can post it if necessary.
So, does this affect his appeal letter?

Thanks

[cabbyman]

It may do. Post the pics. Also, post the PCN again, redacted of identifying detail. You will also need to go and read other threads to get a feel for the process you are entering.

[iangill]

Here are the pics taken by my friend. I will try and upload a redacted version of the Pcn also

This post has been edited by iangill: Wed, 16 Jan 2019 - 12:40

Attached thumbnail(s)

 

[iangill]

Here is the PCN

This post has been edited by iangill: Wed, 16 Jan 2019 - 14:07

Attached thumbnail(s)

 

[ostell]

Forbidding sign. No unauthorised parking. If your friend was not authorised then there is no offer of parking and therefore there can be no claim for breach of contract and any charge is a disallowable penalty.


Anyway, this a windscreen ticket so your friend responds so that it arrives on day 26 from the date of the PCN. He appeals as the keeper and makes a variation on his address so that it is slightly different from the address on the V5 so that he will know if the DVLA has been contacted or not. The hope is that they will not issue a Notice to Keeper or contact the DVLA. Either way your friend wins and they cannot hold him liable.

Post up for critique before you send

This post has been edited by ostell: Wed, 16 Jan 2019 - 12:40

[iangill]

Forbidding sign. No unauthorised parking. If your friend was not authorised then there is no offer of parking and therefore there can be no claim for breach of contract and any charge is a disallowable penalty.


Anyway, this a windscreen ticket so your friend responds so that it arrives on day 26 from the date of the PCN.

Thanks ostell. So, my friend has to send a response to arrive at UK Parking Control on day 26 from the date of the ticket?
And why day 26?
Also, what would be the nature of my friends defence?

This post has been edited by iangill: Wed, 16 Jan 2019 - 12:49

[Sheffield Dave]

Forbidding sign. No unauthorised parking. I

But the sign also says "free parking for 2 hours and pay after that". So I don't think it can be regarded as forbidding.

[cabbyman]

PCN number, VRM. Also, reword the post to avoid identifying the driver. Just about every thread that you have read will say the same thing.

Try again!

Suggested draft at post #2 edited slightly:

Dear sirs,

ref xxxx VRM xxxx

I am the Registered Keeper of the above vehicle. The driver has passed your above referenced PCN to me.

A site inspection reveals that your unremarkable signage is forbidding in nature and is incapable of forming a contract with the driver.

As no contract with the driver exists, you cannot hold me liable as keeper. I am under no obligation to name the driver and will not be so doing. I require you to cancel this notice forthwith or provide me with a POPLA code where I will arrange for you to be instructed to cancel it.

Love and kisses.

Importantly, the PCN is only dated yesterday. There's more than three weeks before you need to send anything. Spend that time reading the rest of the forum and getting the rest on here to tweak my suggestions. A lot of your questions will be answered with some reading.

[ostell]

If the sign says no unauthorised parking it would be contradictory to go on to then offer parking

[iangill]

PCN number, VRM. Also, reword the post to avoid identifying the driver. Just about every thread that you have read will say the same thing.

Try again!

Suggested draft at post #2 edited slightly:

Dear sirs,

ref xxxx VRM xxxx

I am the Registered Keeper of the above vehicle. The driver has passed your above referenced PCN to me.

A site inspection reveals that your unremarkable signage is forbidding in nature and is incapable of forming a contract with the driver.

As no contract with the driver exists, you cannot hold me liable as keeper. I am under no obligation to name the driver and will not be so doing. I require you to cancel this notice forthwith or provide me with a POPLA code where I will arrange for you to be instructed to cancel it.

Love and kisses.

Importantly, the PCN is only dated yesterday. There's more than three weeks before you need to send anything. Spend that time reading the rest of the forum and getting the rest on here to tweak my suggestions. A lot of your questions will be answered with some reading.

Thanks cabman. I hope my edited pic is ok now?


Can I also ask what is the significance of sending a response only to arrive on the 26th day after the notice

[cabbyman]

Read PoFA para 11. They MUST apply to DVLA for RKs' details. If they 'drop into their lap' just as they are gearing up to apply for them, they may prefer to save £2.50 and use the information supplied. Another PoFA fail; another step closer to the winning post for you!

http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted