UKPC windscreen PCN - parked in disable bay without BB - Great Western Industrial Estate, Southall UB2 4SD

[DriveMeCrazy]

Dear Forum members,

 

I would like to ask you if you could kindly help me draft the best POPLA appeal that I can in regards to the NTK I received from UKPC?

 

Appeal sent as the Keeper of the Vehicle on the following grounds and asked for further information:

 

 

1. Equalities Act 2010 compliance (have sent them proof of disability for an occupant of the vehicle)

2. Parking Charge amount claim grounds

3. Asking them to give a breakdown of their actual loss. Is the charge a true reflection of damages?

4. Their status – the creditor?

5. Ownership of premises?

6. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

7. Signage

 

There was no admission on who was driving and that is stated in the appeal letter to UKPC clearly as well.

 

 

UKPC Rejection of the Appeal:

Their reasoning for rejection of my appeal was (verbatim): Disabled parking bays are reserved for Blue Badge holders only and that a valid disabled badge must be clearly displayed at all times.

 

 

They have not addressed any other issues or points of appeal at all.

 

 

I have also downloaded the photos they hold on file for my vehicle and they are all silly and also show how inadequate their signs are as they are absolutely unreadable.

 

 

I have included in this document (further down on following pages) the following:

• Copy of the photos UKPC has on their online system for the vehicle at the location

• Copy of the photos I have taken subsequently visiting the site to check for signage

• UKPC Notice to Keeper copy (personal info scribbled out)

• My letter of appeal to UKPC as the owner of the vehicle (personal info scribbled out)

• Copy of the UKPC Rejection of Appeal letter to me (personal info scribbled out)

 

 

Could you please assist me with making the best possible POPLA appeal for this case?

 

Thank you ALL for sharing your time and knowledge so selflessly!!!

 

 

 

Below is the summary as per your guide and I have also attached full PDF document with photos and copies of letters etc (redacted for personal details):

 

 

please answer the following questions.

 

1 Date of the infringement: 18/11/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]: 19/12/2018

 

3 Date received: 24/12/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] YES

 

5 Is there any photographic evidence of the event? YES (copy in the attached PDF)

 

6 Have you appealed? {y/n?] post up your appeal] YES (details in the attached PDF)

Have you had a response? [Y/N?] post it up: YES (details in the attached PDF)

 

7 Who is the parking company?: UKPC (ukparkingcontrol.com)

 

8. Where exactly [carpark name and town]: Great Western Industrial Estate, Southall UB2 4SD

 

PDF case copies for the Forum to ask for POPLA appeal help.pdf

[dx100uk]

windscreen ticket or ANPR capture?

 

sorry I can see now from your upload this was a windscreen ticket.

 

thread title updated for clarity

[DriveMeCrazy]

Hi dear forum members,

 

Any advice or input on this case please?

 

It would be greatly appreciated and welcomed. Thank you

[shamrocker]

It's probably best that you start to get your head around how you might best defend this if it goes to court. Keep in mind that this is about contracts rather than parking.

[ericsbrother]

you were asked a simple question, was a ticket placed on the car at the time or not?

 

Also it is much harder to help people when they seek help after taking an action tha t we wouldnt advise and then ask for help. Og course they rejected your appeal, it contained nothing that actually matters as far as parking contracts go

 

Proof of disability of the car occupant? Doesnt exist, even the blue badge doesnt mena the person is disabled as far as the equalities act goes. Under that law I am automitically classed as disabled because I have MS but I dont get a blue badge and nor do 2 of my friends who have prosthetic limbs because they get around on them too quickly to qualify( no one tests you when you leg is at the menders becuse of a fault).

 

Anyways, back to business. as it is UKPC the chances are their sigange is rubbish and doesnt form an offer of terms for a contract to park and also likley is they dotn have a cirrent agreement witht eh landowner to be there anyway.

 

It would be good to see the siganeg at the site and include pictures to the entrance of the land whether there are signs there or not. Then get piccies of the disabled spaces and any sigange there.

 

This fight is a long battle, not a quick skirmish so expect a load of threatograms before it gets anywhere near court.

Edited January 31, 2019 by honeybee13
Paras, typos

[ericsbrother]

from what you ahve posted in your attachment there is no contract to park so you cnat breach it. No unauthorised parking is a prohibition, not an offer of terms.

 

The 4 hrs max is not a contract but an invitation to treat because it relies on other terms no on the sign so isnt enforceable and you dont ahve to accept anything that is on the other signs becuse you ahve already been invited to park there.

Edited January 31, 2019 by honeybee13
Paras, typos

[DriveMeCrazy]

Hi ericsbrother,

 

Thank you for your input and the notes, it is greatly appreciated and valued!

 

I have attached the photo of the entrance to the estate and the sign they have there (it says in large letters "4 Hours Maximum parking" and then in smaller letters probably something to say to others to refer to conditions somewhere else, but I was not able to read it after zooming in on the photo taken from the car on my subsequent visit)

 

PS.

I did presume that whatever I do write to the parking company themselves in appeal will be rejected anyways.

BUT as I can now try to finish this off at POPLA stage as the appeal to POPLA has not been submitted yet, I thought it better to ask you all in the forum, as much more experienced, to help me draft a successful POPLA appeal please.

 

Hope it makes sense.

[ericsbrother]

POPLA will reject and they will say that you should obey the sgnage as they dont have a remit to consider the law on what is an offer and consideration.

 

Now you can appeal just to waste UKPC's time and money but I wuld be careful on what you actually say in your appeal if you want to go there. Personally I wouldnt bother but if you want to then I would go with a picture of the entrance as taken in your last post showing a complete lack of signage and state that you do not believe UKPC have the authority to enter into contracts with the public and you demand sight of this authority from the landlord. If they do have this then this the lack of signage at the entrance means there wasnt anything for you to consider anyway.

 

Save all of the other points for later if need be.

Edited January 31, 2019 by honeybee13
Paras, typos

[DriveMeCrazy]

Thank you for the advice ericsbrother,

 

It makes sense. I will do it that way.

[dx100uk]

several quotes of previous posts removed

just type

no need to hit reply with quote