Ukpc - ticket on floor

[Micb1905]

Hi everyone, my girlfriend has recently received a ticket on her windscreen from UKPC. She parks in a privately owned car park every day for work which she pays for monthly and has a little card with her reg on to display on he dashboard. When she saw the ticked she has realised that her card had blown off the dash onto the floor.

 

All advise will be much appreciated.

Kind regards

[JoeyJoeC]

She's paid for the parking, so there is no loss to the company or the land owner. Defiantly won't have to pay this one.

 

She will need to appeal the invoice as the owner (and not the driver), and say that the parking was already paid for thus no loss of earnings to the parking company or the land owner. Demand a full breakdown of the pre-estimate of loss. Add to the appeal, "If you decide to reject this appeal, send me a valid POPLA code so I can appeal further".

 

Either they will reject your appeal with a POPLA code, which you can appeal with to POPLA and state that you already paid the parking fee's, and havn't been provided with a pre-estimate of loss. POPLA most likely will accept the appeal here.

 

OR they will see sense and realise that it's not worth them paying £27 to give you a POPLA code that they will loose the appeal with anyway.

[ericsbrother]

They will try and claim that it is a breach of conditions but there is no substance as there is no need to display anything to show a right to be there. Wait for a notice to keeper to come through the post, which has to be between 28 and 56 days after the screen ticket. If that letter arrives then you appeal by telling them that the permit is for the convenience of telling who is and isnt supposed to be there and that as she has a right to park their claim is not applicable as no contract can be formed that is contrary to her right to park there and they should desist their pursuit of the claim or risk a claim of harassment against them. She can then include details of her permit if she wishes.

This is one of those cases that should never get to POPLA as the parking co dont have a leg to stand on but they may well try it on.

[Micb1905]

Hi, thanks for the prompt response.

 

I thought it would surely be better to appeal prior to the 28 days and get it over with than drag it out or is it possible for me to shoot myself in the foot by contacting them?

[ericsbrother]

Up to you but I would avoid saying that you (or anyone else) were the driver but refer to the owner/keeper of the vehicle and address them in that capacity. I wouldnt appeal to them at this stage but you(gf) can simply state that she is the occupier of that land and that nothing in law allows them to make a claim that interferes with the enjoyment of the rights that she has and any permit is for convenience rather than a contractual matter. Therefore no payment will be made as no contract can be formed between UKPC and herself and so no breach can ever occur and any further attempt at collecting money will result in legal action being taken for harassment.

If they write and say they do have a contract then they will be causing themselves trouble as your g/f can then demand sight of any contract between herself as the occupier of that land and UKPC or any other contract that interferes with her rights. They probably wont seem to understand at first but in reality they will do and say anything to get some money.

[themagician]

Hi, thanks for the prompt response.

 

I thought it would surely be better to appeal prior to the 28 days and get it over with than drag it out or is it possible for me to shoot myself in the foot by contacting them?

hi welcome to cag.

you came here for advice and the advice given is poss the best you can get,its up to you but I would go along with the advice given from a respected well known cagger.

have a nice day. good luck.