UKPC Parking charge parked in Disabled bay.

[mad1stuie]

Hi

I was parked in a disabled bay in a reatil park and got a ticket.

 

We have a BB and was in the car however was still issued a ticket.

 

The signage was about 10 feet up a pole 50 feet behind the space.

Nothing in the area I parked.

 

I emailed UKPC with disputing the ticket not admitting who was driving or who the owner is.

I got a standard reply of "tell us who was driving or we'll give you Popola code anyway letter. Which I didn't respond.

 

Then received the letter rejecting the appeal.

 

Now 6weeks on and this morning a letter from DRP.

 

However I've had no notice to keeper.

 

Anybody help to my next move thanks

Edited March 23, 2018 by dx100uk
spacing

[DragonFly1967]

LOL. Typical UKPC attitude.

 

Can you fill this in please. https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp copy and paste the questions, with your answers back to this thread.

[mad1stuie]

LOL. Typical UKPC attitude.

 

1 The date of infringement? 25/11/17

 

2 Have you yet appealed to the parking company yet? [Y/N?] Yes

 

if you have then please post up whatever you sent and how you sent it and the date you sent it. Letter enclosing a copy of Blue Badge. Sent by mail 25/11/17

 

has there been a response? Yes

see attachment UKPC1 and UKPC2

 

 

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

what date is on it Not Recieved

Did the NTK provide photographic evidence? Not Recieved

 

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

 

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] NOT RECIEVED

 

5 Who is the parking company? UKPC

 

6. where exactly [Carpark name and town] did you park?

Goldstone Retail Park Brighton

UKPC Binder 1R.pdf

Edited March 23, 2018 by DragonFly1967
Fixed quote. Combined and redacted PDF

[DragonFly1967]

I've redacted your documents properly and combined them to a single file.

 

 

I get the feeling that they're confusing your initial appeal as some sort of admission that you were the driver. It's a bit of a shame that you appealed it, but they have absolutely no proof that the driver was one and the same person that sent the appeal, so all is not lost.

 

 

As the NtD (windscreen ticket) was not paid. You should have received a Notice to Keeper (NtK) not before 23rd Dec '17 and not after 20th Jan '18.

 

The fact that you haven't means that they have not complied with the law (POFA 2012) and therefore no keeper liability has been created. Not that that will stop them trying it on.

 

However, if they're stupid enough to try and take this to court, they're going to lose, I 100% guarantee it.

 

 

Unless you receive a LBA. Ignore these muppets completely.

[mad1stuie]

Thanks . Thats what I thought. i'll be back for further advice if needed!

Edited March 23, 2018 by mad1stuie

[ericsbrother]

as you should already know by reading other threads, dca's like DR+ have no say in the matter and can do nothing at all other than waste good trees on their letters. igniore them completely.

 

Their letter are a breach of their ATA code of practice as that is partly based on the law so they dont have a lawful reason for not considering your appeal properly. This WILL count against them if they do decide to take the matter further and will get you a full costs order for their unreasonable behaviour.

 

If it gets as far as threrats of court action you will need to ask the DVLA who has accessed your keeper details, when and the reason given as to why. They have no reasonable excuse for doing so other tha to issue a NTK within the parameters of the POFA and they havent followed procedure.

 

you could complain to the BPA about their crooked behaviour but you wont get to hear what sanctions have been applied because the BPA doesnt bite the hand that feeds it.

Edited March 23, 2018 by DragonFly1967
Paras & spacing

[silverfox1961]

Hi

One question that I can't see being answered is, "What was the infringement?" If it was for parking in a disabled spot without displaying a badge then they are on to a loser anyway. Disabled bays on private land have no authority in that any 'disabled' person can park there with or without a badge. There are no signs stating that the spaces are for blue badge holders only.

 

Looking on Google streetview, I have been able to enter the site and the only disabled spaces I can see are outside Pets at Home and they carry no signage at all. There is also a dearth of signs around the site and none of them low enough for wheelchair users to see, let alone read.

 

My opinion is that you make UKPC pay. They have issued a POPLA code without even hearing any appeal. Your initial contact was not an appeal as such. I would suggest that POPLA should refer this back to UKPC.

[DragonFly1967]

Out of time for POPLA unfortunately SF. It would've been nice to have cost UKPC even more money

[ericsbrother]

so, if UKPC decides to try and be big you can ask the court to refer the matter back to POPLA as they have failed to follow the procedures for disputes resolution as laid down in the POFA. POPLA's decision wont be binding on you so UKPC just waste money to try their luck for the third time.

It may be more practical to tell the idiots all of this whe they get a s far as sending out their letter before action and hope they see sense. If they dont then you will have a clear path to follow