Ukcps ticket at west quay retail park hull for leaving site

[Finney2009]

Hi on 22.08.15 I got a ticket on my window for leaving site on a 1 hr free parking site I thought I read the signs correct but when I read it again in the small print it does say that leaving site will incure a penalty any way I did leave site as my son was having a wobble and walk out of car park and I went after him and come back onto site in another entrance.i have stupidly appealed the ticket already what's next I feel I shouldn't have to pay this

[honeybee13]

You probably won't have to pay this. Please wait for the forum guys to turn up and they'll tell you what to do.

 

In the meantime, here's a link to the forum stikky with the abbreviations they're likely to use.

 

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

 

HB

[silverfox1961]

Hi and welcome to CAG.

 

Your only mistake was to appeal this too soon. Never mind as they will reject you anyway. As UKPCS are members of the IAS, you can appeal to the IPC but just by reading the Parking Pranksters blog, they don't work in the motorists favour. This still doesn't matter as the ONLY way they can get you to pay is by taking you to court. This they are reluctant to do.

 

You have an absolute defence as your son was your priority and you did return. If you have receipts from your time there, keep them safe.

 

Are you able to go back and photograph the signs?

[Finney2009]

Hi thanks for replying I can go back and take pictures of signs I have a receipt but the time shows I have overstayed my parking time by 1 min I left site through a cut through and came back into site through another entrance after sorting my son out although I did not state this in my appeal I just played dumb.i did see the parking attendant when we parked he was in non uniform and operating from his own car. Can I no longer appeal to popler

[silverfox1961]

UKPCS are not members of the BPA and therefore no longer using POPLA for the appeals. The problem with the IPC (from what I understand) is that Gladstones solicitors appoint lawyers to the appeal board and those lawyers are anonymous. They force the motorist to prove that the parking company are in the wrong but this is usually without having any proof. It is in your interest to appeal as this costs money (not yours).

 

Let's see what comes back from UKPCS first. You never know, they might just see the light.

[Finney2009]

How likely is this to go to court I can't see why I should pay for leaving my car parked in a car park surly the court would see this claim as a waste of time

[renegadeimp]

99.999999% unlikely. UKCPS are the most idiotic of all the PPC's. They never do anything right and a judge would see right through them if they tried to go to court.

 

You won't have to pay a single penny.

[ericsbrother]

Chances of going to court when they know that there is case law that says they are in the wrong? Only slightly less than zero but if they reject your appeal then you can have a stab at the IAS and cost them a few quid. Use the same argument and if that is rejected then it would be interesting to see upon what grounds. The paper trail created and your quoting of that case will put them in a position where they would potentially be punished for vex so as I say, it would be very unlikely.

[ericsbrother]

Read the other post but the case is Ibbotson v VCS

[Finney2009]

Lets see what happens then thanks for advice I will keep you posted any further help is much welcome

[diskmandave]

Good to see you here Finney2009.....

 

Regards, Dave B from FB...

[Finney2009]

Thank you Dave hopefully I'm in the right place for advice

[renegadeimp]

You are. No need to worry about that.

[Finney2009]

Ok guys I've finally got a reply to my appeal and surprise they gave rejected it.only took them 30 days to consider. What next

[armadillo71]

Ok guys I've finally got a reply to my appeal and surprise they gave rejected it.only took them 30 days to consider. What next

 

Post up the appeal you sent and the response received please.

 

Suitably redacted of course.

[Finney2009]

I don't copy of appeal and how do I post pic of letter

[ericsbrother]

was it a considered response or the usual moronic we issued the ticket correctly answer? If all tickets were issued correctly then no-one would ever win an appeal but in truth with POPLA nearly all properly constructed appeals were successful. Different story with the IAS but they usually shoot themselves in the foot with the utter gibberish they come out with to justify their refusal.

[Finney2009]

They say the issued the ticket correctly and I have 3 choices1 pay the fine at a reduce rate 2 appeal to IAS and loose my chance to pay reduce rate 3 don't pay and have money collected by debt company or they mate take case to court. What to do next

[Homer67]

You should appeal to IAS using the usual appeal format, hopefully other Caggers will be along shortly to give you the wording or check in the stickies section.

[ericsbrother]

Ok, the response was the usual moronic response. I would suggest an appeal to the IAS as this costs them money and also the IAS are so rubbish at considering things properly they actually damage the claim of the parking co in most cases so they cant them actually take you to court without looking particularly stupid.

Your appeal should be on the grounds that there was no breach of contract as there is no such stand alone clause in the offered contract that states that leaving the site is a breach and in any case it has been decided by the courts that being observed leaving the site does not constitute a brach of contract. Case law is Ibbotson v VCS.

 

Leave it at that

[Finney2009]

Thank you much appreciated advice

[ericsbrother]

Dont forget, the IAS turn the law on its head by claiming they are entitled to make assumptions they are not entitled to make and ignore primary legislation like the Road Traffic Act so dont be surpried when you get a pretty strange reason for dismissing your appeal. This, however, commony damages the parking co's claims so isnt always a bad thing.

[Finney2009]

Thanks I will be appealing tomorrow but have to do it online I will be appealing on the grounds that was mentioned in previous comment and will also add pics of signs to appeal

[Finney2009]

So I've just tried to appeal to the ias online and they don't recognise my PCn or vehicle reg so now I have to contact UKCPS GREAT!!!!!

[ericsbrother]

Or not, if UKCPS havent supplied you with the correct info then they have 35 days after you appealed to them to do so> I dont see any leeway due to them not giving the correct details to you or the IAS. Leave it a bit and then tell them that they are timed out to supply correct appeal info and therfore no keeper liability remains under PoFA.