UKPC Disabled Bay PCN - timeframe confusion? Leyton Mills

[map890]

Hi All

 

My partner received a windscreen ticket for parking in a disabled bay.

 

As per the advice on this forum, we have waited for the NTK, which arrived 34 days after the ticket was put on the windscreen.

 

I am planning on writing for a POPLA code but wanted to clear up a question I have on the POFA Act 2012.

 

Under section 8, which (as I understand it) is the section applicable if you have a windscreen ticket, the act says:

 

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

 

Does this not mean that the notice to keeper must be received within 28 days starting from the day after the windscreen ticket was received?

 

It's just that advice elsewhere says that the NTK must be received within 28-56 days.

[renegadeimp]

Hold tight. Can you post up pics of the signage, and theNTK. UKPC always and without question get something wrong on every single ticket they issue.

 

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

 

Does this not mean that the notice to keeper must be received within 28 days starting from the day after the windscreen ticket was received?

 

It says the period of 28 days AFTER 28 days since the ticket was put on the windscreen.

[dx100uk]

please complete this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

as it was a windscreen ticket the NTK is 29-56 days

 

as long as the mrs paid? [if she had too?]

its immaterial its a disabled bay

no such thing on private land

purely graffitti

[map890]

Hold tight. Can you post up pics of the signage, and theNTK. UKPC always and without question get something wrong on every single ticket they issue.

 

It says the period of 28 days AFTER 28 days since the ticket was put on the windscreen.

 

Hi

Please see attached - picture of the NTK letter and a picture of the signage (sorry for poor quality, this was from the UKPC website where you can see pictures of your vehicle and related signs). This sign is about 10ft off the ground, by the way.

 

1 The date of infringement? 25th June 2017

 

2 Have you yet appealed to the parking company yet? [Y/N?] No

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes

what date is on it 26th July 2017

Did the NTK provide photographic evidence? Yes

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Yes

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? UKPC

 

6. where exactly [Carpark name and town] did you park? See Picture - Leyton Mills

[dx100uk]

and you can read the small print on that pic? I cant

 

and where is leyton mills please?

 

NTK as a PDF please Upload

[renegadeimp]

As already mentioned, nowt they can do because the signage doesnt comply with regulation.

 

 

Theres a lot more but just that would sink it.

 

leyton mills is in london

[map890]

have uploaded as PDF. See attached

 

As already mentioned, nowt they can do because the signage doesnt comply with regulation. Theres a lot more but just that would sink it.

 

If I send them a letter requesting POPLA and state that the sign doesn't comply with regulation, would that be enough to get the ticket dropped?

convert-jpg-to-pdf.net_2017-07-31_19-52-51.pdf

[dx100uk]

what are you panicking about?

 

there no immediate rush

 

but

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?424265-UKPC-Ticket-Disabled-Bay-No-Badge-Advice-Pls-**Won-at-POPLA**

[map890]

Hi All

I have now received the POPLA letter, which came within the correct time period.

Please see attached for the letter that they have sent:

 

Obviously I want to appeal to POPLA - what is the best stance to go with?

 

Thank you!

POPLA Letter.pdf

[dx100uk]

already pointed you what to do

post 8 thread

[map890]

Hi,

Sorry to be thick. I have read this thread several times to be sure. Can you please confirm that my appeal to POPLA should be as follows (from post 21):

 

1) Supermarket obliged to provide disabled parking spaces as part of the planning consent and is not part of the blue badge scheme and UKPC's interpretation of what that entails isnt compatible with that consent nor disability legislation.

 

2) That in any case, a breach of UKPC's otherwise contrary to law conditions has not caused them a loss nor is their claim a genuine pre-estimate of their losses but an unlawful penalty.

 

 

Thank you

[ericsbrother]

supermarket not obliged to provide disabled spaces unless planning consent tells them to.

 

 

Blue badge scheme different and there is plenty of law on that

BUT a contract for blue badge holders only can be created by the correct signage at the parking bay it covers.

You will need to show what actually applies in this parking space so on to the council

 

As for your second point,

you have been told that this wont get you anywhere unless you are very specific on the contract offered not being a genuine offer and thus the amount claimed is thus designed to deter and then it will be an unlawful penalty.

For a breach of contract they no longer have to show a schedule of loss and you were told this from the outset.

 

On the plus side their letter confuses the BB scheme with the equalities act BUT this is outside POPLA's limited remit so they wont agree with you, they will just refer to the signage being clear as to its intent.

 

the NTK wasnt POFA compliant anyway and that will make it difficult to take the matter further.

They fail to say who the creditor is.

an absolute for any notice.

 

 

Trouble is this is in the scheme of things such a small technical point many judges will ignore it and look at other matters they know more about.

 

 

I have no idea what POPLA's thoughts are on such things,

I suppose it is worth arguing the point that no money can be due to UKPC because they arent the creditor as they havent stated this as per the law

[map890]

the NTK wasnt POFA compliant anyway and that will make it difficult to take the matter further.

They fail to say who the creditor is.

an absolute for any notice.

I suppose it is worth arguing the point that no money can be due to UKPC because they arent the creditor as they havent stated this as per the law

 

Could I put this and only this in my appeal to POPLA?

 

From your reply, it doesn't look like I stand much ground based on the other two points.

[ericsbrother]

why do you think that an appeal to POPLA will get you anywhere?

POPLA has a very limited remit and that doesn't include any matters of law such as this.

they will just say that the signage was there, you got a letter so you must pay.

 

before you rush into things we want to see the signage at the entrance to the land and exactly where you parked as they are claiming a separate contractual condition for the "disabled" bays that isn't apart of a BB scheme.

 

You are forgetting the main thing about all of this,

they are not honest and will do and say anything to get your money.

 

If you are minded to go through a faulty and hamstrung appeals process just to pay up at the end of it them pay up now rather than waste your time appealing.

 

If you want to appeal with the knowledge that the system isn't fit for purpose and are willing to go much further to defend yourself against any claim then by all means do write to POPLA.

 

Please let us see the signs and read your appeal before you send it though.