UKPC windscreen PCN - Tesco superstore, Yate shopping Centre , Worcs BS37 1PS - now DCA letter

[AA99]

I received a charge ticket in Tesco on 8th December 2018 for having front tyres over the lines.  There is a very large area at the front of my vehicle which is not used by anybody or anything.

 

£100 reduced to £60 within 14 days.

 

I appealed on 14 January 2019 and stated the above, also the fact that my vehicle is a Landrover with outward opening back door, plus spare tyre on it.  I said that if I park like a normal car, when I open the door with trolley, my shopping and me would be in the busy roadway behind me thereby making it dangerous.  And incidentally, we are pensioners living on benefits.

 

On 4th February 2019, letter stating Appeal was fruitless.

 

On 13 February 2019, letter from Debt Recovery Plus demanding £160.  Letter also contained Important Information and quoted the Bevis (?) case.

 

Is the next step to apply to POPLA?

 

Thanks

 

[dx100uk]

can you please complete this:

 

don't be scared of a DCA

they have zero legal powers 

and are NOT BAILIFFS on any debt

 

[AA99]

Thanks dx, after my recent experience, I'm a little wound-up to say the least!  Should I just ignore them?  I don't suddenly want a Court hearing date next week LOL

[renegadeimp]

Court, if it ever happens is a long way off. Youre talking months, even longer, if it ever happens.

Theres a long procedure they have to go through first, and you can challenge them every step of the way.

You ALWAYS ignore the DCA. They cannot do a single thing, despite them thinking they can.

And fill that link in that DX posted.

Edited March 20, 2019 by renegadeimp

[AA99]

That link takes me to a page that most of the questions and answers are scored through?  Is it still valid?

And ps. I was in County Court on Monday and lost to a DCA

[dx100uk]

Its just format errors when cag migrated

[AA99]

1 The date of infringement?  8th December 2018

 

2 Have you yet appealed to the parking company yet? [Y/N?] Yes but online so no hard copy but noted that it was on 14 January 2019

 

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 guide

 

has there been a response? yes

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]

what date is on it 8th December 2018

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]  Yes POPLA

 

5 Who is the parking company?  UKPC UK Parking Control Ltd

 

6. where exactly [Carpark name and town] did you park?  Tesco superstore, Yate, BS37

Edited March 20, 2019 by AA99

[AA99]

ilovepdf_merged.pdf

[renegadeimp]

Is this correct.

The nTK was sent and recieved the same day as you got the pcn in the car park?

The info we need is what date have the said the NTK was created, and when did you recieve it.

Edited March 20, 2019 by renegadeimp

[AA99]

Double checked.  That's the dates

[dx100uk]

no its not

the date of the NTK is 09/01/2019.

so within 29-56 days.

can I just check this was a windscreen ticket too?

 

and can we see you appeal

I dare say you shot yourself in the foot by saying your were the driver?

[AA99]

The letter from UKPC with the reference Notice to Keeper is dated 08/12/2018...There's nothing dated 9 Jan 2019.

 

Yes it was a windscreen ticket.

 

As for shooting myself in the foot?!  I am insured to be the only driver, there is no other driver, do I have to resort to their tactics too?  Please explain.

[dx100uk]

the date of the letter is 09/01/2019

the dec date is the date of the ticket

LOOK at you scan!!

 

anyone can drive your car on their policy under third party cover

if they have a policy that grants so ...as 99% do!! go read YOUR policy!

it says you can driver other cars

 

how the beep does a private parking company know who is /isn't insured to drive it anyway?

they have NO access to that info

 

you've just shot yourself in the foot by writing an appeal stating you were the driver

the little protection you had under POFA has now gone.

 

frankly I am shocked that as a user that been here since 2008 obviously didn't bother to read even a few threads here on private parking tickets before dealing with this before starting this thread.

 

anyway we have big buckets and lot of corks to prevent your sinking ship/.

 

dx

 

[AA99]

I have re-looked at my scan more than once now, and still cannot see 09/01/2019 anywhere!

 

And yes, I fully know that, under my insurance terms, I can drive other cars, but nobody else can drive my car.  I am the sole driver.  

 

I also spent 2 days reading other threads on here before I posted so I am sorry if I don't meet your exacting standards.  I just needed some help.

[dx100uk]

 

 

the help you need from CAG is this..

 

never do ANYTHING yourself before asking here 1st....

 

ive attached your pdf

see the yellow bit

 

as for ins that's YOUR POLICY not others.

and no stupid PPC can ever know that...….

 

 

 

 

ilovepdf_merged (1).pdf

[AA99]

I apologise, I see it now.  Thank you for your advice.

[ericsbrother]

I can drive your car with your permission as I have third party insurance A police officer or a soldier under orders may drive your car without your permission. They may even lawfully shoot you if you try to stop them. None of this concerns the parking co, they just wander about on private land where you dont need car tax or insurance.

 

Now the POFA sets conditions that the parking co's have to work to or they cant claim a penny from you or anyone else either.

 

By appealing you give away the protections in law that are there isf they get things wrong.

However, a dca has no interest in anything, they are not bailiffs, they dopnt own the debt and cant successfully sue you i you point out they have no locus.

 

So, whatever happened at court onmonday has no bearing on this.

 

Now you cant appeal to POPLA as you are too late.

 

UKPC are not honest and therefore I would suggest that you go back to the car park when you cabn and take pictures of the signage at the entrance to the land from the public highway and take pictures of the entrance even if there are no signs, take pictures of any different signs within the car park itself and take pictures of where your vehicle was parked so a comparison can be made to their evidence on the NTK they sent you through the post. UKPC  are not beyond fabricating evidence, they ahve been censured several times before for doing so

[AA99]

https://photos.app.goo.gl/qsiMmfziLV93Ja7h7

[lookinforinfo]

Thank you for the photographs. However the ones we would like to see are any notices at the entrance to the car park: any others inside the car park [especially those that are different from the ones at the entrance ]and  those at the payment machine. Please ensure that we will be able to read all the notices. Also please check with the local Council to see if they have applied for planning permission under the Town and Country planning [advertisements] regulations. Often they don't have it which means they have no permission to erect the signs.

[AA99]

I did the whole car park, including the 2 entrances, and where I was parked.  There wasn't 1 in that whole area!  I shall try and learn how to label my pictures when my son returns home and it may make it clearer.  I shall contact the council too.

 

I'm meeting with the Shopping Centre manager asap as he previously, about 2 years ago,  took a parking ticket off me and said he would deal with it!  Again, my front tyres were on the line!  Did you notice that picture with that cream coloured car parked way over the line today??!!!!

[AA99]

8 minutes ago, lookinforinfo said:

and  those at the payment machine

It's free parking for 4 hours.  The shopping centre boasts 100 shops and free parking.  However, some ladies that shop and do lunch take longer than that.  I know it's a local grudge!

[AA99]

2 hours ago, lookinforinfo said:

Please ensure that we will be able to read all the notices.

The one I could get closest to is where I am stood at the boot of the small black car on my right.  I couldn't read the notice either, in real-life!

 

[ericsbrother]

we cant read any of the notices. Although that is helpful when you argue they arent prominent enough we really need to be ablw to see all of the small print on EVERY different sign.

Thsi is made clear on just about evry post of this nature so you also need to take the time to read loads of other threads to see what is what

[AA99]

https://photos.app.goo.gl/qsiMmfziLV93Ja7h7

 

4 new photos taken today as close up as I could get to them!

[ericsbrother]

now several things to point out.

 

The first big sign you encounter says 4 hours free aprking see other signs for conditions. This is an invitation to treat and is not a contract that binds you to the other termsdso you can park for 4 hours and not have to consider what any of the other signs say. the commonest example of an invitation to treat is a sign in a shop windoe saying " sale, 50% off most items" when you go in  and pick up an item and are told that it isnt in the sale you cant force the shopkeeper to sell it at a reduction and converseley he cant force you to buy an item just because you picked it up to ask about it.

 

You can wander round the shop and leave without purchasing anything, whether yiou saw the sale notice or not. The shopkeeper cnat demand you buy somehting or charge you  for the heat and light.  So as the invitation is for 4 hours then that is that, you dotn even need to read the other signs.

 

Also the signs say if you do this then you have a contract with UKPC but if you do that you have a contract with Highview. No, should you accept the terms of the signage then that cannot be with 2 parties so the signs needs to amke clear who is offering you the contract and what the terms are. If UKPC have a contract with tesco then it should be their signs and they cant offer agency, even if the agreement with Tescos say they can that is not what is being offered to you.

 

Yiou can argeu that as UKPC are offering you a contract then any breach like parking on a yellow line isnt in that contract so isnt a breach Highview cant offer you a separate set of temrs beacuse they are not the principals. all they can do is act as agents to UKPC at most and this means that you are not answrable to both.

 

Now in your case UKPC have demanded money for something that is  applicable if a ticket is slapped on the vehicle and although we know they did this we havent seen the original ticket to see if it actually matches any of the terms offered in the signs that dont necessarily mean anything.