DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 23920--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: H C Andersen
Date: May 26, 2024, 10:03 am
---------------------------------------------------------
Thanks.
To what breach do these examples refer e.g. parking for longer
than permitted or simply parking in a manner where an instant
breach occurs, for example not in a bay or without displaying a
permit?
And does this argument always win or only sometimes. I would
certainly appreciate any judgments on this point.
OP, pl answer the question about what the driver did e.g. park
up as a patron or simply park and disappear off site etc.
#Post#: 23921--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: b789
Date: May 26, 2024, 10:20 am
---------------------------------------------------------
When I have enough spare time, I will go back through my records
and try to find the relevant information. However, you will
appreciate that county court judgments orders do not specify the
judges reasoning. Only if either the claimant or defendant
wishes to pay a small fortune for the transcript, there is none.
The cases that involved court decisions on "period of parking"
are buried deep within the MSE forum and I'm sure you are well
aware that their search engine is woeful.
PoFA only mentions "period of parking". A "period" can only be
from a fixed time, to a fixed time. Otherwise it is simply a
"time of parking" PoFA does not say "time of parking".
#Post#: 24086--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: Keeper
Date: May 27, 2024, 1:06 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> There are a couple of things you should be doing for now. Plan
A is always the easiest to get these cancelled is to get the
landowner to tell their agent to cancel it. You can continue
with Plan A right up until the commencement of Plan D.
>
> What did the business you were visiting at the time have to
say about their patrons being invoiced for £100 for the
privilege?
--- End Quote ---
Appreciate the advice! The business that the driver was visiting
at the time has since said that there's little that they can do
as the parking is managed by the owners of the estate, not the
climbing centre itself which is the business that the driver was
a patron of. They did say however that they are away of other
patrons successfully arguing that the signage was inadequate. Do
you think it's worth me trying to get in touch with the owner of
the estate / management company?
--- Quote ---
> What was the date the original NtK was issued? Was it 27th
March or earlier?
--- End Quote ---
Issued on 28th March for an alleged offence that occurred on
26th.
--- Quote ---
> Can you evidence that you were out of the country between the
dates of the first NtK (plus 2 working days) and the 28th day
after that? If so, you can complain (not appeal) to UKPC and
request that they reissue the original NtK and restart the
clock, thus allowing you to appeal. There is clause in the
latest edition of the BPA CoP 23.8 that states they must reissue
and restart the process if you can evidence that you (the
addressee) could not have appealed within the original 28 day
window. If you can and they don’t, a complaint to the BPA is in
order.
--- End Quote ---
Yes, I can. I have flight bookings / passport stamps.
--- Quote ---
> Apart from the above, all you can do for now is continue with
Plan A and wait or the ridiculous but useless debt collector
letters. If, or more likely when, you receive a real Letter of
Claim, either directly from UKPC themselves or DCB Legal (not
anything from DCB Ltd), then come back for advice on how to
proceed.
>
> A claim is the start of Plan D and is easily dealt with and
will end up with an eventual discontinuation.
>
--- End Quote ---
Thanks for the info above. So far I haven't seen anything in the
mail, will check again on Monday.
--- Quote from: H C Andersen link ---
>
> Thanks.
>
> To what breach do these examples refer e.g. parking for longer
than permitted or simply parking in a manner where an instant
breach occurs, for example not in a bay or without displaying a
permit?
>
> And does this argument always win or only sometimes. I would
certainly appreciate any judgments on this point.
>
> OP, pl answer the question about what the driver did e.g. park
up as a patron or simply park and disappear off site etc.
>
--- End Quote ---
Thanks, see response above. The driver parked up and indeed paid
for onsite services (climbing centre) before departing.
#Post#: 24091--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: b789
Date: May 27, 2024, 1:24 pm
---------------------------------------------------------
Of course you should try and find out who the landowner or the
management company they use to manage the estate. They are
jointly and severally liable for the actions of their agents and
they can easily ask the PPC to cancel the PCN. A complaint to
the business you were a patron of asking them to intervene on
your behalf with the estate management would be useful if only
to let the management company and the business how these
unregulated private parking companies are damaging their
business.
--- Quote ---
> Can you evidence that you were out of the country between the
dates of the first NtK (plus 2 working days) and the 28th day
after that? If so, you can complain (not appeal) to UKPC and
request that they reissue the original NtK and restart the
clock, thus allowing you to appeal. There is clause in the
latest edition of the BPA CoP 23.8 that states they must reissue
and restart the process if you can evidence that you (the
addressee) could not have appealed within the original 28 day
window. If you can and they don’t, a complaint to the BPA is in
order.
--- End Quote ---
--- Quote ---
> I have flight bookings / passport stamps.
--- End Quote ---
Then I've already told you what to do.
#Post#: 24270--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: Keeper
Date: May 28, 2024, 11:01 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Of course you should try and find out who the landowner or the
management company they use to manage the estate. They are
jointly and severally liable for the actions of their agents and
they can easily ask the PPC to cancel the PCN. A complaint to
the business you were a patron of asking them to intervene on
your behalf with the estate management would be useful if only
to let the management company and the business how these
unregulated private parking companies are damaging their
business.
>
> [quote]Can you evidence that you were out of the country
between the dates of the first NtK (plus 2 working days) and the
28th day after that? If so, you can complain (not appeal) to
UKPC and request that they reissue the original NtK and restart
the clock, thus allowing you to appeal. There is clause in the
latest edition of the BPA CoP 23.8 that states they must reissue
and restart the process if you can evidence that you (the
addressee) could not have appealed within the original 28 day
window. If you can and they don’t, a complaint to the BPA is in
order.
--- End Quote ---
--- Quote ---
> I have flight bookings / passport stamps.
--- End Quote ---
Then I've already told you what to do.
[/quote]
Thanks so much
I will continue to pursue Plan A and in the meantime I (or
rather, chat GPT) have drafted the following message to UKPC.
--- Quote ---
> Customer Services Department
> UK Parking Control Limited
> The Apex
> 2 Sheriffs Orchard
> Coventry
> CV1 3PP
>
> Subject: Appeal Against Parking Charge Notice [PCN Reference
Number]
>
> Dear Sir/Madam,
>
> I am writing to formally appeal the Parking Charge Notice
(PCN) referenced above, which I received as the registered
keeper of the vehicle in question. Due to exceptional
circumstances, I was unable to appeal within the initial 28-day
period stipulated.
>
> I was out of the country for the entirety of the 28-day appeal
period, as evidenced by the attached flight tickets. According
to the British Parking Association's (BPA) Code of Practice for
Operators, specifically Section 23.8, operators are required to
have a process for considering appeals received outside the
normal 28-day period if the appellant can provide evidence of
exceptional circumstances.
>
> The relevant section of the BPA Code of Practice states:
>
> “You must have a process for considering appeals received
outside of the normal 28-day period allowed for lodging an
appeal where the appellant provides evidence of exceptional
circumstances for the appeal not being lodged within the normal
timeframes – where the addressee only discovers and can show
that a parking charge notice has been issued in their name after
the 28-day period, the period must restart and any enforcement,
excluding court action, must be paused.”
>
>
> Given that I was out of the country and only became aware of
the PCN upon my return, I am requesting that the appeal period
be restarted in accordance with the BPA Code of Practice. I also
request that any enforcement actions, excluding court action, be
paused immediately.
>
> I look forward to your prompt response confirming the
extension of the appeal period and the suspension of enforcement
actions. If you require any further information or
documentation, please do not hesitate to contact me.
>
> Thank you for your understanding and cooperation.
>
> Yours faithfully,
>
> [Your Name]
>
> Attachments:
>
> Copies of flight tickets confirming my absence from the
country during the appeal period
--- End Quote ---
Assuming that no one points out any glaring errors with this I
will send it off tomorrow and then report back
Thanks once again!
#Post#: 24272--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: b789
Date: May 28, 2024, 11:20 am
---------------------------------------------------------
A slight edit suggestion. Are you intending to email this as a
pdf attachment or directly as an email or posting it?
--- Quote from: Keeper link ---
>
>
> Customer Services Department
> UK Parking Control Limited
> The Apex
> 2 Sheriffs Orchard
> Coventry
> CV1 3PP
>
> Subject: Appeal Against Parking Charge Notice [PCN Reference
Number]
>
> Dear Sir/Madam,
>
> I am writing to formally appeal request that the the Parking
Charge Notice (PCN) referenced above, which I received as the
registered keeper of the vehicle in question, is reissued. Due
to exceptional circumstances, I was unable to appeal within the
initial 28-day period stipulated.
>
> I was out of the country for the entirety of the 28-day appeal
period, as evidenced by the attached flight tickets. According
to the British Parking Association's (BPA) Code of Practice for
Operators, specifically Section 23.8, operators are required to
have a process for considering appeals received outside the
normal 28-day period if the appellant can provide evidence of
exceptional circumstances.
>
> The relevant section of the BPA Code of Practice states:
>
> “You must have a process for considering appeals received
outside of the normal 28-day period allowed for lodging an
appeal where the appellant provides evidence of exceptional
circumstances for the appeal not being lodged within the normal
timeframes – where the addressee only discovers and can show
that a Parking Charge Notice has been issued in their name after
the 28-day period, the period must restart and any enforcement,
excluding court action, must be paused.”
>
>
> Given that I was out of the country and only became aware of
the PCN upon my return, I am requesting that the Notice to
Keeper be re-issued and the appeal period be restarted in
accordance with the BPA Code of Practice. I also request that
any enforcement actions, excluding court action, be paused
immediately.
>
> I look forward to await your prompt response confirming the
re-issue of the Parking Charge Notice and extension of the
appeal period and the suspension of any enforcement action. If
you require any further information or documentation, please do
not hesitate to contact me.
>
> Thank you for your understanding and cooperation.
>
> Yours faithfully,
>
> [Your Name]
>
--- End Quote ---
#Post#: 24273--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: Keeper
Date: May 28, 2024, 11:39 am
---------------------------------------------------------
Thanks so much - I will use your suggested edits. I'd have
preferred to email it as an attachment but I can't find an email
address online so I guess I will have to post it - how dull!
#Post#: 24277--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: DWMB2
Date: May 28, 2024, 11:49 am
---------------------------------------------------------
HTML https://www.ukparkingcontrol.com/complaintspolicy
HTML https://www.ukparkingcontrol.com/complaintspolicy
Their complaints policy may yield an email address...
#Post#: 25397--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: Keeper
Date: June 9, 2024, 12:20 pm
---------------------------------------------------------
So I received this a few days ago:
--- Quote ---
>
> Dear NAME
>
> Thank you for your recent correspondence in relation to
parking charge reference XXXXXXX.
>
> Unfortunately the opportunity to appeal this charge has
expired and the charge has been referred to our debt recovery
agent. To make payment, or request information, please contact
ZZPS:
>
> [ZZPS Address, telephone number, email]
>
> Thank you for your cooperation in this matter,
>
> Your sincerely,
>
> [illegible signature]
>
> Appeals Department,
>
> UK Parking Control Ltd
--- End Quote ---
I have drafted the following response - do you think best for me
to send something along these lines or make a complaint straight
away to BPA?
Cheers!
_________________________
Dear Sir/Madam,
I acknowledge receipt of your recent correspondence regarding
the Parking Charge Notice (PCN) referenced above. I am writing
to express my disappointment with your response and to formally
reiterate my appeal based on the exceptional circumstances that
prevented me from responding within the initial 28-day period
and remind you of the regulations that you are bound by.
As previously stated, I was out of the country for the entirety
of the appeal period, as evidenced by the attached flight
tickets. According to Section 23.8 of the British Parking
Association's (BPA) Code of Practice for Operators:
“You must have a process for considering appeals received
outside of the normal 28-day period allowed for lodging an
appeal where the appellant provides evidence of exceptional
circumstances for the appeal not being lodged within the normal
timeframes – where the addressee only discovers and can show
that a parking charge notice has been issued in their name after
the 28-day period, the period must restart and any enforcement,
excluding court action, must be paused.”
I have provided clear evidence of my exceptional circumstances,
and as per the BPA Code of Practice, you are required to restart
the appeal period and pause any enforcement actions. Your recent
response indicating that the opportunity to appeal has expired
and the charge has been referred to a debt recovery agent is not
compliant with these regulations.
I request that you reconsider my appeal in light of the BPA Code
of Practice requirements. Failure to do so will leave me with no
choice but to escalate this matter to the BPA and other relevant
authorities for further investigation and resolution.
I look forward to your prompt response confirming the restart of
the appeal period and the suspension of enforcement actions.
Yours faithfully,
#Post#: 25420--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: H C Andersen
Date: June 9, 2024, 1:38 pm
---------------------------------------------------------
You can continue to correspond, but IMO they'll ignore your
request and do not have a legal obligation to do otherwise.
They won't provide a POPLA code, and therefore..
..you're off to court if they wish unless you find another way
to get the charge cancelled.
A court is not interested in the CoP, only the law, which is
contract and PoFA.
IMO, your circumstances are not exceptional, if someone is away
for such an extended period then they should make adequate
arrangements to manage their mail.
*****************************************************
Page 2 of 4
DIR Previous Page
DIR Next Page