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pures3
Hi all,

After searching for and finding a similar case to mine, I wrote to the parking company, they have subsequently written back and will not consider my appeal. So I'm after some advise if possible please.

Story so far:

Ticket issued: X/8/15
Reason for Issue: DRIVER - PASSENGERS OBSERVED LEAVING SITE

The vehicle was driven and parked at Central Retail Park in Rochdale for approximately 30mins. The car park is free to use for 2 hours. The car park was at least 50% empty. There was a PCN attached to the windscreen upon return.

10/09/15 - Received a letter from my lease company, advising me that UK CPS LTD - LEEDS have written to them asking for payment as they are the registered keeper of the vehicle. There was a copy of the letter they received from UKPS attached, that was dated 03/09/15.
I emailed the lease company back to advise them that I will appeal the ticket once I get the letter from UKCPS.

30/09/15 - Rather than waiting for any correspondence from UKCPS, I looked at similar cases on the forum and put together a letter for appeal. I asked them for a POPLA number.

02/10/15 - A "Change of Address letter" was received from UKCPS directly to me this time, asking me for £100 and that it was too late to pay the reduced charge.

22/10/15 - Received letter from UKCPS, they will not consider my appeal as "my appeal was presented significantly late". They mention ADR via theIAS.org, however, they say "as you have not complied with our internal appeals procedure we will not engage with the IAS.." They say the parking charge was issued under the IPC code of practice.



NOTES -
On all of their correspondence and even signage, it says they are a member of IPC and BPA. Therefore I asked them for appeal by POPLA. I've since checked the BPA website and they are not members! Not sure why they claim to be on their letter headers?

I will upload all correspondence to date if that helps?

I'm not sure what to do next, my wife is telling me to just pay the fine. However I think it is ridiculous and simply criminal that they would be able to charge someone £100 for apparently leaving a car park!

Any help greatly received.
emanresu
Write back again and remind them that as from the 1st October 2015 that Alternative Dispute Resolution must be made available for 365 days and you wish them to provide the name of an competent organisation to perform the ADR.

Also remind them of the Halsey principles should they decline.

Get proof of posting.

PS What a passenger does is of no concern to the underlying contract - if there was one in the first place.
pures3
Thanks for the quick reply. Is it worth pointing out in my reply letter that they are not actually members of the BPA, even though there signage and letter head suggest that they are?!!
Jlc
They may be members of the BPA but not their approved operator scheme (AOS).
Fleagle
QUOTE (pures3 @ Fri, 23 Oct 2015 - 14:59) *
...

Story so far:

Ticket issued: 4/8/15
Reason for Issue: DRIVER - PASSENGERS OBSERVED LEAVING SITE

...


In observing the driver leaving the site and making no attempt to warn him/her that parking enforcement is in place with a parking charge payable if they leave site (in rough terms, anyway), they have made no attempt to minimise their (alleged) losses.

They have therefore shot themselves in the foot, and would be bloody fools to put this before a court wink.gif . Google (from memory) "VCS parking control vs. Ronald Ibbotson" for discussion in a court around this point (the transcriptis very amusing, and possibly accessible via a link on this site).

PS please edit your original post to "the third party" (eg "The vehicle was driven and parked..." rather than "I parked ...") for purposes of anonymity (it is strongly recommended not to name the driver at any time). If your appeal to UKCPS was in the "first person" (as your post is) then one point which would stop this in its tracks is gone - but at least the hire company are out of the loop and you're dealing with it, which is ideal.
emanresu
Town Centre Securities who own Central Retail Park are asking visitors for help

"We need your help!" they say

http://centralretailpark.co.uk/petitions

Why not help by complaining to the Borough and your MP about the highly aggressive way they manage parking for genuine customers. You might want to point out that since you are considereing shopping elsewhere now, there is no need for them to expand,
pures3
Draft removed - will rewrite.
Jlc
They operate contractual charge and not breach - although the wording on the signage is a mish mash of both.

The BPA code of practice is not relevant - look up the IPC equivalent.
pures3
Hi all, does the above letter look okay to send? Anything need changing?
The Rookie
Have you amended it per JLC's comments? If not, then don';t send it, instead amend and repost!

Commercial justification has gone after the original HHJ Maloney verdict was upheld on 'not unconscionable' grounds instead.

You need to also combat the 'contractual charge' part of the sign by stating it is not a genuine offer as there is no means of paying it in advance - it is merely a way of dressing it up so they didn't have to try and claim £100 had been lost.
pures3
QUOTE (The Rookie @ Mon, 26 Oct 2015 - 10:25) *
Have you amended it per JLC's comments? If not, then don';t send it, instead amend and repost!

Commercial justification has gone after the original HHJ Maloney verdict was upheld on 'not unconscionable' grounds instead.

You need to also combat the 'contractual charge' part of the sign by stating it is not a genuine offer as there is no means of paying it in advance - it is merely a way of dressing it up so they didn't have to try and claim £100 had been lost.


I did edit the original post.

I've just received another letter form UKCPS. They now want £125!

Is the letter I drafted a couple of posts up okay to send as it is, I'd like to reply to them asap.

Many thanks
**I've uploaded the latest letter tot his post **
emanresu
They read these threads and have probably identified you. So take care with what you say. Also go back and have a go at the Retail Park and the local council about the way the park is run.

** With Xmas coming, it would be worthwhile advising locals via local paper not to spend too much time at the Retail Park and shop online instead. That would solve the claimed problem of not having enough space
pures3
QUOTE (emanresu @ Mon, 26 Oct 2015 - 15:30) *
They read these threads and have probably identified you. So take care with what you say. Also go back and have a go at the Retail Park and the local council about the way the park is run.

** With Xmas coming, it would be worthwhile advising locals via local paper not to spend too much time at the Retail Park and shop online instead. That would solve the claimed problem of not having enough space


Yes good points. I'm putting a reply letter together now.

I've written back to them asking that they either cancel the PCN or provide me competent ADR prior to court.

Lynnzer
QUOTE (pures3 @ Mon, 26 Oct 2015 - 15:47) *
QUOTE (emanresu @ Mon, 26 Oct 2015 - 15:30) *
They read these threads and have probably identified you. So take care with what you say. Also go back and have a go at the Retail Park and the local council about the way the park is run.

** With Xmas coming, it would be worthwhile advising locals via local paper not to spend too much time at the Retail Park and shop online instead. That would solve the claimed problem of not having enough space


Yes good points. I'm putting a reply letter together now.

I've written back to them asking that they either cancel the PCN or provide me competent ADR prior to court.

Did you read my posts on this mob?

nosferatu1001
This should be treated as a letter before action. An incompetent one, though.
pures3
QUOTE (Lynnzer @ Mon, 26 Oct 2015 - 16:16) *
Did you read my posts on this mob?


I certainly did. You appear to have received the same template letters as I did. Did they put your charge up too?
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