UKPC 2 ANPR PCNs - present on site during the restricted no parking period 9pm-6AM - Pentewan Retail Park (St Austell)

[figgypud]

Two invoices received (I'll refer to these as A and B consistently).  Driver pulled off the road to make a phonecall in both cases, for around 40 minutes in each case.

 

1 Date of the infringement a) 15/6/21, b) 17/6/21

 

2 Date on the NTK a) 22/6/21, b) 22/6/21 

 

3 Date received End of July for both.  Post here very occasionally ends up at a neighbouring house due to postie mixup (very similar house names).  Other house is a second-home and not frequently occupied, so post can take any amount of time to get to me when this occurs.  I assume this was the basis of the delivery delay.

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes

 

5 Is there any photographic evidence of the event? After a (very dark) fashion.

 

6 Have you appealed? No.  Timed out in any case by the time I'd received the initial paperwork.

 

7 Who is the parking company? UKPC

 

8. Where exactly Pentewan Retail Park, St Austell

 

Does it say which appeals body they operate under. BPA
 
Other correspondence:

Received a reminder letter dated 22/7 for both, a couple of days before I was handed the initial letters by neighbour.
Then subsequently received initial goon letters, which I was planning to ignore for now :
a) from DCBL (dated 6/8/21), of "Cant pay? We'll take it away" TV fame, they say (do i get to be on TV?)
b) from DebtRecovery+ (dated 6/8/21), from lovely photogenic Abigail ...

 

This used to be a free, unmonitored carpark, but with gates that were closed overnight. This seems to have changed subsequent to 2018  (this was home turf back then). Now managed by UKPC.  They no longer close the gates at night. They have removed the sign at the entrance stating opening hours (as visible on google SV from 2018). They instead have a big sign up stating 3 hours parking, but there is a restriction in the smallprint on a separate sign that says no parking 9pm-7am. There is limited lighting in the carpark and, as you'll note from the ANPR pics, the (light) car is invisible bar the numberplate.

 

A couple of potential complications:
1) The keeper was the driver.  I am neither (happen to own the car, but that isnt relevant to anything, I think).
2) The keeper is a good friend, with whom I used to share residence (and still do for the purposes of DVLA and all correspondence).  She is currently of no fixed address, though (travelling around on contract work for a few more months, before returning here).  She is not in a position to defend this herself.  I'll do it on her behalf if I possibly can.  
3) Infringement in Cornwall. Resident 700m away in Scotland.

 

Given the actions with signage, this seems to be run as a honeypot, especially given the travelodge with the tiny carpark opposite.  I expect it is very lucrative for them.

Suggestions as to course of action would be gratefully received, as I don't suppose this is going to simply go away ...  

 

Letters + pix.pdf

Edited August 24, 2021 by dx100uk
merge of several posts and PDF to one PDF

[dx100uk]

nothing much for you to do until / unless she gets a letter of claim, which ideally must be replied to within 30days with a snotty letter.

is she likely to ensure if one is sent she gets it in a timely manner enabling you to act upon it?

 

[figgypud]

Thanks. Thought as much.  Will post back when/if these arrive. 

I'm currently opening all post addressed to her, so nothing is going to get missed short of misdelivery.

 

I assume it will not be a significant problem for me to deal with this on her behalf?

 

[dx100uk]

how do they know its you doing it...no-one has to sign anything.....

 

ok now if if if it ever comes to a court claim then ofcourse she will obv be the defendant and she can't avoid that.

well, you could...dob yourself in as the driver before it gets to that stage......but thats a bit extreme IMHO.

 

 

[dx100uk]

having just checked through the docs, this is an interesting one.

don't think we've ever seen a speculative invoice for parking on a site during a restricted period...urmmmmmmmmmmm

[brassnecked]

"They no longer close the gates at night. They have removed the sign at the entrance stating opening hours (as visible on google SV from 2018). They instead have a big sign up stating 3 hours parking, but there is a restriction in the smallprint on a separate sign that says no parking 9pm-7am. There is limited lighting in the carpark and, as you'll note from the ANPR pics, the (light) car is invisible bar the numberplate. "

 

They might have problems grounding a claim, if the T & C's not consistent, and the signage illegible due to unreadable font size. and the fact that the No Overnight sign not prominent with the other at the main entrance.

[figgypud]

Two small updates here ...

 

a) I cannot find evidence of this new scheme or cameras having recevied planning permission.  At least, not via quite an extensive search using the council's online database  Relevant? 

 

b) I've been away since Saturday 30th, and returned today to a pair of letters, one from each company by strange coincidence both dated 18th October (odd they should arrive 2 weeks late when they state they will commence legal action in 7 days - unreasonable timeframe, but still ...), that look letter-before-actionish but without ticking all the boxes.  I'll upload them after work tomorrow for comment ...

[FTMDave]

Let's be clear what UKPC have done.  The gates used to be closed at night - problem solved re misuse of the car park.  UKPC now leave the gates open and hide in the small print that you're not supposed to park in the evening, to entrap motorists.

 

Well done on all the evidence you've built up to hit them if/when a Letter of Claim/Action ever arrives.

 

The fact you can't find evidence of PP is extremely relevant.  It's because there isn't any.  Another stick to bear UKPC with.  No PP is a criminal offence and means no contract can have been formed.  Now, that's unlikely to win on its own, but will be part of a wider case if these idiots really are daft enough to take your mate to court. 

 

Yes, just to be on the safe side please upload the letters tomorrow.

[dx100uk]

if there is no reply pack with various questions and an I&E sheet 

its not a LOC

 

dx

 

[figgypud]

Apologies for the lateness. Unexpected visitors

Latest letters attached. More to ignore?

 

a+b 10-21.pdf

Edited November 9, 2021 by figgypud

[dx100uk]

Ignore

 

andrew hunt eh?

must be spelt wrong.........

[FTMDave]