PCN UKPCS - West Quay Retail Park, HULL **Dropped as GOGW by UKCPS**

[old dog]

REF - West Quay Retail Park, HULL - UKCPS

 

Hello all,

Can anyone help with advice.

 

I parked in a fairly small car park which has 4 – 5 shopping units ( Staples etc ) dotted around one end.

 

 

The car park has a drive through entrance and exit.

 

 

It is fairly open to walk out onto the public footpath around the car park and shops.

 

I parked here to do a quick shop at a couple of the shops around the car park.

Parked up then walked to the public footpath at the entrance where I waited a couple of minutes for a friend

to drop off my medication which I had left in his car.

 

 

Then I walked across the car park to the first shop.

In all less than 10 min since I left my car.

Done my shopping and back to my car within 30 min.

 

 

Found a Charge notice on my car stating that ‘ Driver or passengers observed leaving the site’ £100 charge etc.

 

There is no charge to park here and some new notices around the car park stating in large letters stating

‘ Contractual Agreement ‘ 1 hr maximum stay.

 

 

Then in a lot smaller letters ‘ You must park in authorised bays’ also

‘Parking vehicle and leaving / walking off site will result in the issue of a Parking Charge Notice.’

 

I appealed stating that I parked my car,

walked to the footpath collected my medication for my critical medical condition from a friend,

walked to the shop did my shopping and left well within the 1 hr.

 

 

Also the signs are small lettering, some are high on lamp posts and none are near any of the pedestrian walk out areas.

 

 

I maintained that I stayed in the vicinity of the car park and only shopped at the store at the end of the car park then left.

 

Just received a letter saying my appeal has been rejected and if I want to make an second appeal this must be done within 7 days

with additional information.

 

 

You may also appeal through an independent appeals system,

 

 

details of which will be sent at the appropriate time.

 

This is a company that have just been newly brought onto this car park and have called it a Retail Park.

 

I have some questions to ask them,

- On the location they state it is a Retail Park. Which it is not. None of the 4 shops in this area quote a Retail Park.

The city council do not have it down as a Retail Park.

 

- What is there clarification of ‘ Leaving a site’.

- What are the boundaries of this so called site.

 

Any advice would be greatly appreciated. If I have to I intend to take my chance in court.

Edited November 21, 2014 by old dog
added info

[citizenkain]

theyre taking the ****,ignore them

[armadillo71]

Can you name the PPC please?

 

 

The ' retail park ' would help aswell...

[Cardiff Devil]

Is this West Quay Retail Park in Hull, and is the notice from UKCPS?

 

If so, you say you've already appealed and been rejected. Check your rejection letter to see if they've provided a POPLA code. It'll be a 10 digit code starting with 876. Check thoroughly because they may have hidden it somewhere in the small print or disguised it as a reference number.

 

Do this ASAP, as the codes have a time limit.

 

If there is no POPLA code there, you need to write back to them again and demand one.

[old dog]

Yes it is West Quay Retail Park, Hull and UKCPS. But the retail parks name does not exist, checked with the council and the shops addresses. UKCPS are new on this area and called it a retail park.

 

I have attached an Ariel view of the car park and shops, with arrows to the shops entrance. To access the Computer Shop ( which is now vacant and for let) you have to leave the car park area through the large open canopy at Staples und up the public footpath. It is part of the same building as Staples.

 

I have also attached a close up of one of the new UKCPS signs. Not sure what they mean by 'site'. Also it does not say the car park is only for customers of theses shops.

 

I have checked and their last letter which rejected my appeal was headed ' Request For Further Information ' and had no POPLA code anywhere.

 

Hope this helps.

Thanks

Edited November 21, 2014 by old dog
added info

[Cardiff Devil]

Don't worry too much about the name of the place, or the wording on their arbitrary rules on their signs for now. Just go back to UKCPS and demand a POPLA code.

[armadillo71]

UKCPS Ltd joined the IPC on 18/11/2014.

 

 

Your NTD (windscreen ticket) was before this(?), so they should have given you a POPLA code with rejection of your appeal.

 

 

I advise one letter to UKCPS Ltd, stating that you require a valid code for the independent appeals service POPLA, where VCS vs Ibbotson will be used as why the charge must be cancelled.

 

 

or alternatively UKCPS Ltd could cancel the charge in writing forthwith.

 

 

 

 

This is the transcript that you would quote;

 

 

http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

 

 

pg 8.

[honeybee13]

Hello there.

 

This forum uses quite a lot of abbreviations, here's a link to the forum stikky that explains them.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?168275-Posting-in-this-Forum-please-read

 

HB

[BazzaS]

UKCPS Ltd joined the IPC on 18/11/2014.

 

 

Your NTD (windscreen ticket) was before this(?), so they should have given you a POPLA code with rejection of your appeal.

 

 

I advise one letter to UKCPS Ltd, stating that you require a valid code for the independent appeals service POPLA, where VCS vs Ibbotson will be used as why the charge must be cancelled.

 

 

or alternatively UKCPS Ltd could cancel the charge in writing forthwith.

 

 

 

 

This is the transcript that you would quote;

 

 

http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

 

 

pg 8.

 

 

Pg 8 is useful to the OP, though the case is not binding on another court (as a county court case?) but should be persuasive......

 

I particularly enjoyed reading p13, lines 20-26, where the judge hints at a term in custody for contempt of court if they keep any cases (based on a false premise) active : "and I suggest you bring a toothbrush" !

[Dublindel]

Evidence of leaving site! What have they got?

Nothing I suspect

[old dog]

I took your advice and sent UKCPS a letter on the 22nd November stating

that since they had rejected my appeal on 17th November then I require a valid code for the independent appeals service POPLA,

where VCS vs Ibbotson will be used as why the charge must be cancelled or alternatively

UKCPS Ltd could cancel the charge in writing forthwith.

 

Also asked for any photos / data they hold relating to me.

 

Not heard anything since.

 

 

Should I send a follow up letter or just wait.

[Cardiff Devil]

Generally it is advised not to quote all your arguments in your initial appeal to the PPC.

That's why most people refer to it as a "soft appeal".

It's not hugely important though.

 

 

You don't really need to do anything at the moment.

 

 

They have 35 days from the date the appeal was sent in to respond with a POPLA code.

If they fail to do this in time then they are "timed out" from claiming the keeper of the vehicle is liable for the charge under the PoFA.

After that they can only pursue the driver.

 

 

However from looking at your earlier posts it seems you have likely already admitted being the driver in your first letter to them,

so we cannot rely on this.

 

 

By my reckoning they have another week to respond.

 

 

Failing to give access to POPLA when rejecting an appeal, despite being repeatedly asked to is a bit naughty.

 

If they haven't responded by next Monday, then you have to put them even further under the cosh.

[old dog]

just received a letter today from UKCPS.

 

 

Cancelled charge, yet another goodwill gesture.

 

Thank you for all the help and support from this site.

 

 

Well done.

 

Donation on way

[armadillo71]

just received a letter today from UKCPS. Cancelled charge, yet another goodwill jesture.

Thank you for all the help and support from this site. Well done.

Donation on way

 

Well done!

 

We will be seeing a lot less gestures of goodwill now they are with the IPC...