UKPC parking charge on my own parking spot**WON at POPLA**

[APS123]

I received a parking charge last week from UKPC for parking on my own allocated parking spot,

but the permit was not displayed as it had come off the windscreen

. I live in a block of flats and I have been given an allocated parking spot.

 

This is the second this has happened and

the first time, UKPC cancelled the ticket.

 

 

Now there is a different team leader in customer services and I have been told to go to UKPC's appeals website or write to them.

I intend to do neither, as I don't want to pass on any details.

 

I was intending to write a letter to the team leader and request cancellation of the ticket, as I was parked in my bay and no loss was incurred to me, the landowner or the service management company. Should I do this, or wait for the Notification to Keeper and the POPLA code?

 

Thanks.

[renegadeimp]

Wait for the Notice to Keeper. They cant touch you anyway, so have some fun with them and cost them some money.

[APS123]

So what will happen after they have sent the NTK? Do I have to reply?

[DragonFly1967]

Oh yes, you definately reply. As renegadeimp has suggested, they can't touch you, so you might as well have a little fun with them, at their expense.

[APS123]

So even though there is a notice on the permit that says it must be displayed at all times, they still can't touch me?

[silverfox1961]

Hi and welcome to CAG

 

Your have permission to park in that spot. That takes supremacy over any poxy little 'contract' by UKPC.

 

Absolutely wait for the NTK and then do not name the driver when you do the soft appeal. You are likely to be rejected in the first instance but they should include a code to take it further which costs them money, not you.

 

Even if you lost the appeal, they would have to instigate court action to get payment and that is a 50/50 gamble for them.

 

Remenber, this is an invitation to pay, nothing more and you can refuse the invitation. It is not a fine.

[APS123]

Ok, I'm prepared to wait as this is not on. Hopefully they come to their senses and realise it's pointless pursuing.

[renegadeimp]

Come back when you get the NTK and we can help you further. Meanwhile relax, have a good laugh at them.

[ericsbrother]

the notice telling you to display a permit is an administrative convenience not an obligation on your part covered by the terms of your lease or tenancy. It may be considered correct for them to chase errant parkers but when it is your spot it is just harassment.

[APS123]

I have received the NTK. They are inviting me to pay, or give the drivers name and address. Otherwise the registered keeper is liable.

They mention Schedule 4 of the Protection of Freedoms Act 2012, which states -

 

Introductory

1(1)This Schedule applies where—

(a)the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and

(b)those charges have not been paid in full.

(2)It is immaterial for the purposes of this Schedule whether or not the vehicle was permitted to be parked (or to remain parked) on the land.

 

They will argue number (2), as the reason to chase payment.

[DragonFly1967]

Dear UK Parking Clowns.

 

Invoice number:

 

As the registered keeper of the vehicle index XXXX XXX, I wish to invoke your appeals process due to the fact that I am not liable to pay the amount invoiced or any other amount to you.

 

Please cancel this charge immediately (which I would heartily recommend) or issue me with a valid and correctly issued POPLA code which will cost you money.

 

Your choice.

 

Signed

Registered Keeper.

 

 

 

 

It really is as simple as that. They won't cancel the ticket of course, there's no profit in doing that kind of thing, but they will have to issue you with a POPLA code, which will cost them another £27.

 

Once you get your 'rejection of appeal' letter, which can take upto 35 days, we then work on a full appeal to POPLA (where you really go to town), and then you win and UKPC get told to cancel the ticket

[APS123]

Should I remind them that I was parked in my allocated spot or that is harassment. What about asking them for a pre-estimate of loss?

[DragonFly1967]

Nope, nope and nope again.

 

It's not your job to point out thier failings, let them fall over their own mess

[Bazooka Boo]

No that goes in your appeal to POPLA, these clowns don't need to know the reason for you appealing, you could for all they care,

write and say that as it wasn't a full moon that day, you were out riding your horse and cart, do they want any free manure? You look forward to receiving the POPLA code....

[DragonFly1967]

Double post

[APS123]

Hi Guys

 

I have received my POPLA code as UKPC felt the charge was issued correctly as there are lots of signs indicating that a permit had to be displayed.

 

So I need to say that I was parked on my allocated space. What about GPEOL? And any other reasons for my appeal? I'm not sure how to word all this. Any help would be appreciated.

[silverfox1961]

This is where you do the full on appeal. Yes, mention GPEoL but I would put that bit last of all as we want to get them on something else if possible.

 

Your tenancy agreement allocates you one dedicated parking spot and that overrules any perceived power UKPC feel they have.

 

I would want to see the full unredacted contract between the landlord and UKPC where the landlord states that a permit 'must' be shown rather than what it says in your own agreement.

The allocated space supersedes any signage placed by UKPC.

 

I'm sure others will offer more than me so hold on for now.

[Homer67]

GPEOL and PE need to provide the contract they have with the landowner allowing them to raise parking charges (invoices) for parking on that property. They will not be able to show either so POPLA should allow the appeal.

[APS123]

So what evidence will UKPC provide as part of their claim to POPLA?

[APS123]

Also, I have a copy of the contract between the landlord and UKPC and it does state that a permit must be displayed. Will UKPC submit this to POPLA?

[renegadeimp]

Doesn't matter if they do.

[ericsbrother]

It is your space, not anyone else's. Your landlord can sign a contract that is binding on him but not you are your tenency has supremacy over the paper signed by him and UKPC unless it is specifically mentioned in the sale of the property. If that waas the case then it would be in the deeds and would have been picked up by the conveyancing solicitor.

GPEOL is not relevant as there is NO CONTRACT to breach. make this very clear, they are trespassing against you by continuing this argument and that you will take action against them and possibly the landlord as well.

[APS123]

So all I have to do, is state the parking space has been allocated to me but there is no mention of having to display the permit? Do I have to submit the agreement as evidence, as I'd rather not. I was going to use GPEOL as well, but you are saying there is no need ??

So my arguments are that the space has been allocated to me and this is harassment and UKPC are trespassing? And I will take action.

Apologies if I keep repeating myself.

[Bazooka Boo]

You got it, just respond as ericsbrother has said. No need to give them anything else, and most certainly not a copy of the agreement.

[ericsbrother]

If you use GPEOL that is like saying they have a right to make a contract so dont go there, just make it clear the parking co are trespassing against your property by their actions