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THis is a meaningless attempt to get you to pay up without resorting to actually obeying the law by them. You now have to wait as you did appeal and they cant say they it wasnt an appeal but just a little billet-doux to them. They have 35 days from the date of receiving your appeal letter (2 days after you posted it) so just keep an eye on your calendar.

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THis is a meaningless attempt to get you to pay up without resorting to actually obeying the law by them. You now have to wait as you did appeal and they cant say they it wasnt an appeal but just a little billet-doux to them. They have 35 days from the date of receiving your appeal letter (2 days after you posted it) so just keep an eye on your calendar.
Thanks, will do.
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  • 4 weeks later...

Well I still have not had any further correspondence since their last letter. I posted my appeal on the 1st September 2015, so more than the 35 days. Can someone tell me what happens now please?

Regards

Pete

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Well I still have not had any further correspondence since their last letter. I posted my appeal on the 1st September 2015, so more than the 35 days. Can someone tell me what happens now please?

Regards

Pete

 

I expect you will receive a letter from a toothless debt collector begging/threatening you to pay...

 

But there is no keeper liability as they haven't allowed the RK access to an independent appeals service.

 

Only the driver can be held liable for the charge and they don't know who that is.

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as above so basically you do nothing because there is nothing for you to do. They are the ones claiming that you owe money, let the prove their case and spend their time and money chasing you. armadillo is right, once you rebut their claims they tend to go off and use a dca because the very title is scary. However, dca's have no authority to do anything and just send out a number of scary letters becasue they are paid to do that. that wastes another £15 of the parking co's money unless you bite. After that they tend to look at the risk/reward ratio and decide that it isnt worth the risk of losing a court battle and the additional costs that incurs when there are another 4 mugs that do pay up for every one that doesnt.

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I would redact that abit more if I were you....

 

Check the code is valid here;

 

http://www.parkingcowboys.co.uk/popla-code-checker/

 

If it is then it is an appeal to POPLA.

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Also, what about the 35 days?

I would redact that abit more if I were you....

 

Check the code is valid here;

 

http://www.parkingcowboys.co.uk/popla-code-checker/

 

If it is then it is an appeal to POPLA.

I have redacted further. The POPLA code is correct. Should I go to appeal on the POPLA website, and submit all my evidence? inc. pictures of their signage showing mistakes? as never done this before.

Regards

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Yes. But you have time to word your appeal correctly and get everything included.

 

Post up a draft of what you will include in your appeal here first. The new website is different to the old one and I have not had the pleasure yet....

 

http://parking-prankster.blogspot.co.uk/2015/09/new-popla-process.html?m=1

 

http://parking-prankster.blogspot.co.uk/2015/09/new-popla-process-much-speedier.html?m=1

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Yes. But you have time to word your appeal correctly and get everything included.

 

Post up a draft of what you will include in your appeal here first. The new website is different to the old one and I have not had the pleasure yet....

 

http://parking-prankster.blogspot.co.uk/2015/09/new-popla-process.html?m=1

 

http://parking-prankster.blogspot.co.uk/2015/09/new-popla-process-much-speedier.html?m=1

 

So do I log in with the POPLA code, then see what they are asking for. Then post on this site first before I post to the POPLA site?

Also what happens if I just ignor it now?

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So do I log in with the POPLA code, then see what they are asking for. Then post on this site first before I post to the POPLA site?

Also what happens if I just ignor it now?

 

 

I have just found this on the POPLA site:

What is keeper liability?

 

In a case where no party has identified themselves or been identified as the driver, the parking operator is able to pursue the keeper of the vehicle, in certain circumstances, based on the regulations set out in section 56 and schedule 4 of the Protection of Freedoms Act 2012.

 

Providing required conditions are met, the creditor has the right to recover any unpaid parking charges from the keeper of the vehicle if, within a specified period, the keeper refuses or is unable to name the driver at the time the parking charge or liability was incurred. Paragraph 2(1) of Schedule 4 provides that ‘keeper’ means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper.

 

Any views on this please.

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your appeal to POPLA should state the following amongst any other things you wish to add.

1. The keeper states the motorcycle was correctly parked on land that is not managed by UKPC and so their claim for breach of parking conditions are erroneous and unjustifiable. To this end you seek sight of the contract between UKPC and the landowner that stipulates the EXACT boundaries of the site they supposedly manage and the assignment of the right to make claims and to take civil action in their own name.

2. That in any case the rider was given the consent of the occupiers to park the motorcycle in that position and that consent overrides any authority UKPC may have over the land unless they can show otherwise in their contract as outlined above.

3.That the signage is not complaint with the COP they signed up to and is inaccurate.

and 4. That the Notice to Keeper was not compliant with the Protection of Freedoms Act as the notice does not comply with para 4 regarding the amount due. This renders the notice invalid and so there is no keeper liability.

add anything else you want, they only need to find in favour one 1 point and it is done and dusted.

UKPC are in bother anyway so I reckon a walkover with them not providing any evidence.

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your appeal to POPLA should state the following amongst any other things you wish to add.

1. The keeper states the motorcycle was correctly parked on land that is not managed by UKPC and so their claim for breach of parking conditions are erroneous and unjustifiable. To this end you seek sight of the contract between UKPC and the landowner that stipulates the EXACT boundaries of the site they supposedly manage and the assignment of the right to make claims and to take civil action in their own name.

2. That in any case the rider was given the consent of the occupiers to park the motorcycle in that position and that consent overrides any authority UKPC may have over the land unless they can show otherwise in their contract as outlined above.

3.That the signage is not complaint with the COP they signed up to and is inaccurate.

and 4. That the Notice to Keeper was not compliant with the Protection of Freedoms Act as the notice does not comply with para 4 regarding the amount due. This renders the notice invalid and so there is no keeper liability.

add anything else you want, they only need to find in favour one 1 point and it is done and dusted.

UKPC are in bother anyway so I reckon a walkover with them not providing any evidence.

 

Thanks for that. Looks like you have had a lot of practice with this.

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I bought a few shares in all of the big stores just so I could tell the parking co's I am the landowner and they can stick their demands. My wife used to worry about parking wrongly but now she rather likes the idea of being bulletproof.

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I bought a few shares in all of the big stores just so I could tell the parking co's I am the landowner and they can stick their demands. My wife used to worry about parking wrongly but now she rather likes the idea of being bulletproof.

 

Brilliant...

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  • 2 months later...
  • 3 weeks later...

At last a reply from POPLA, as can be seen below.

DecisionSuccessful

Assessor NameGemma Edmed

Assessor summary of operator case

The operator’s case is that the vehicle registered Yxx xxx parked at Beckton Gateway Retail Park and was not correctly within the markings of a bay or space.

 

Assessor summary of your case

The appellant’s case is that he was not the driver at the time of the alleged parking incident. The motorbike was being driven by a potential purchaser and he was unaware that the driver had visited the car park. He also states that the amount on the Notice to Keeper differs from the amount on the signage and that the signage photographs provided by the operator are not clear enough to read.

 

Assessor supporting rational for decision

As the appellant has denied being the driver at the time of the alleged parking event, I would expect the operator to provide evidence of strict compliance with the Protection of Freedoms Act 2012. The operator has failed to provide a copy of the Notice to Keeper and I cannot confirm that the requirements laid out in PoFA have been met. As such, I conclude that the operator cannot transfer liability for the Parking Charge Notice to the appellant and, accordingly, I must allow the appeal.

 

Thanks for all your help.

Regards

Pete

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