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    • Winemark the wine merchant ltd northern ireland
    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text.   When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.  regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed.   Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully stated I didn’t think it was safe I had the best interests of business at heart that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed.    He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.  quite a shock.   I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct.   I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record   I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all.   Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
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DriveMeCrazy

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

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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

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windscreen ticket or ANPR capture?

 

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

 

thread title updated for clarity


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi dear forum members,

 

Any advice or input on this case please?

 

It would be greatly appreciated and welcomed. Thank you

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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.

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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 by honeybee13
Paras, typos

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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 by honeybee13
Paras, typos

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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.

Entrance-to-the-site-sign.jpg

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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 by honeybee13
Paras, typos

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Thank you for the advice ericsbrother,

 

It makes sense. I will do it that way.

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several quotes of previous posts removed

just type

no need to hit reply with quote


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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