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UKCPS windscreeen PCN - Leaving Site - Bristol Abbeywood Retail Park.

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I can see a few things against UKCPS however I thought I'd start my own thread.

 

Someone driving my car today receiving a "Parking Charge Notice" on the car for leaving the site, of £100 or £60 within 14 days.

 

I've attached photos of the PCN and of the sign at Bristol Abbeywood Retail Park.

 

I'm the keeper of the vehicle however I wasn't driving the car (I was at home!) so is there anything they can actually do?

PCN-Front.jpg

PCN-Back.jpg

Sign.jpg

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thread titled updated..no such thing as leaving the site!

 

please complete this:

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

 

you await the NTK and note its arrival timing in the above...that's important!

 

dx


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oppss ignore me [Thorpe business park not Bristol Abbeywood Retail Park].- stupid tablet scrolling on a picture


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Thanks :)

 

1 The date of infringement? 28/06/2018

 

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

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] - Not yet

 

5 Who is the parking company? UKCPS Ltd

 

6. where exactly [Carpark name and town] did you park? Abbeywood Retail Park, Bristol

......................... ....

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leaving site isnt a contractual clause that is enforceable and UKCPS know this but like to claim that it is.

people who havent been here (other advice sites are available) may well not know this so pay up and that encourages them to try it on.

the case precedent is VCS v Ibbotson.

 

so, what to do?

you WAIT formt them to issue a NTK that has to arrive between 29 and 56 days after the date of the event.

Any time outside of this and game over for them.

 

We will then tell you whether they have got the wording of the NTK right ( they dont usually bother, again relying on ignorance ( theirs and yours) and bluff to earn a dishonest bob.

 

the sigange will be telling on this though so although we probably have images of them in our archives it wuld be useful to post up pictures of the signs at this place and their relationship to the entrance to the land fro the public highway.

 

The sign you have posted is one inside the area rather than at an entrance so photograph any others that differ to this.

 

you might ask yourself what offence is being committed by removing the NTD?

What is authorised removal and who authorises this?

 

you could also ask yourself what evidence they have of the driver leaving the site and how they acquired this data.

What proof do they have as to who was driving at the time.

 

If they have a continuous video of the sole occupant of a vehicle going elsewhere and then returning without visiting any of the stores serviced by that car park they just might have something to say about this but as that is a nonsensical as their previous famous pictures of overstays that were just doctoring of their PDA's then I cant see a judge being impressed with their evidence even if the law was on their side.

 

In short they are inveterate liars so wont be believed if they do try their luck.

Edited by dx100uk
spacing

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Ibbotson... Wasn't that the "toothbrush" case?


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Although in VCS - v - Ibbotson the driver allegedly had left the site of the retail park, and that was why VCS issued their PCN, the case in court wasn't about whether they had the power to issue or PCN for that reason, or what evidence they had the driver had left the site, or whether the signage was adequate.

 

I haven't seen a transcript but this media report suggests that the issue of leaving the site was not part of the judge's decision although the judge did comment [according to another site] " that the attendant on site who noted that Mr Ibbotson had left the site, had made no attempt to mitigate VCS’s loss. For example, the attendant made to attempt to call out to Mr Ibbotson and tell him he would be charged for parking if he left the site."

 

The court decision in Ibbotson's favour and throwing out VCS's claim was based on something often discussed here, did VCS have the power to take court proceedings in their own name against Ibbotson? Or was it only the landowner who could do that?

 

Only the landowner, said the court, unless that right had been assigned to VCS in a formal written agreement. VCS couldn't produce any evidence the right had been assigned to them, so VCS case dismissed.

 

http://www.dailymail.co.uk/news/article-2150551/Thousands-beat-parking-fines-judge-tackles-766k-Mr-Clampit-landmark-penalty-claim-case.html

 

Lots of PCNs can be challenged on that basis, and something OP will need to look into. But it's not directly to do with leaving the site.

 

Does anyone have a link to the full court report?

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I believe it was considered, if only in passing, as as you say VCS had no rights to bring the case in the first place and it was dismissed on those grounds alone.

 

I was first mentioned on Page 4 @ 7 of the judgement, touched on again on page 6 @ 16, and then on Page 8 @ 16 where the judge pointed out that if there was a warden on site, a part of his job would be to mitigate losses to the company by telling drivers that they should not leave the site. (paraphrasing).

 

Here is a full copy of the judgement. http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1


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