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#Post#: 42027--------------------------------------------------
UKPC, not parked correctly within the markings of the bay or
space, Metrocentre Gateshead
DIR By: Fowler1981
Date: October 23, 2024, 9:01 am
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The driver received this yesterday through the post (22nd
October) from UKPC for 'not parked correctly within the markings
of the bay or space' at the Metrocentre in Gateshead. The
'Parking Charge Date' is 10th October and the letter is dated
18th October. This is a hire van.
The driver entered the car park about 6pm ish and left about
8:30pm ish and they parked like this because the van would not
fit in any of the bays and because it's a hire van did not want
to get it damaged with other people banging it with their doors
etc so tried to find a space well away from the entrance and
away from anyone, however, clearly in some of the photo's other
cars ended up parking at that end as well.
The driver went into the Metrocentre to do some shopping and get
some food.
Any help from you guys is appreciated, even if it isn't what the
driver wants to hear. Thanks
GSV:
HTML https://www.instantstreetview.com/@54.95628,-1.671591,100.68h,-6.78p,1z,js5D64LMuUhohqVAFO3Pkw
HTML https://i.imgur.com/pNbbryZ.jpeg
HTML https://i.imgur.com/gxZkyUS.jpeg
HTML https://i.imgur.com/IyMg9AI.jpeg
HTML https://i.imgur.com/AlbVueC.jpeg
HTML https://i.imgur.com/rTlWxEP.jpeg
HTML https://i.imgur.com/H7yPk05.jpeg
HTML https://i.imgur.com/GHPb2Mz.jpeg
#Post#: 42034--------------------------------------------------
Re: UKPC, not parked correctly within the markings of the bay or
space, Metrocentre Gateshead
DIR By: DWMB2
Date: October 23, 2024, 9:16 am
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--- Quote from: Fowler1981 link ---
>
> 'not parked correctly within the markings of the bay or space'
>
--- End Quote ---
We sometimes see parking companies issuing 'outside of bay
markings' tickets for marginal infringements, but they're not
wrong here ;D
Anyway, as this is a hire van, you've almost certainly got a
technical 'get out of jail' card. Did UKPC send you any other
documents alongside the Notice to Hirer? In particular:
- a copy of the hire agreement
- a statement signed by or on behalf of the vehicle-hire firm to
the effect that at the material time the vehicle was hired to a
named person under a hire agreement
If they did not, you could appeal as the hirer (not identifying
who was driving anywhere on the online form, choosing only
options for 'hirer'), along the lines of the below:
[indent]Dear Sirs,
I have received your Notice to Hirer [(PCN number)] for Vehicle
Registration Mark [VRM]. I am appealing as the hirer of this
vehicle. There is no obligation for me to name the driver at the
time and I will not be doing so.
To hold me liable for the charge as the hirer of the vehicle,
you must meet the conditions specified in Paragraph 14 of
Schedule 4 of the Protection of Freedoms Act 2012 (“the Act”). I
note from your correspondence that you have failed to meet these
conditions. These failures include (but are not limited to):
- A failure to serve a Notice to Hirer containing all the
information required by 14(5) of the Act.
- A failure to include the additional documents mentioned by
13(2) of the Act.
As a result of this, you are unable to recover the charge from
me, the hirer. As I do not have liability for this charge, I am
unable to help you further with this matter. I therefore look
forward to your confirmation that the charge has been cancelled.
If you do not cancel, you must issue me with a POPLA code.
Yours faithfully,[/indent]
#Post#: 42037--------------------------------------------------
Re: UKPC, not parked correctly within the markings of the bay or
space, Metrocentre Gateshead
DIR By: DWMB2
Date: October 23, 2024, 9:22 am
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Also, it is the hirer who received the notice through the post.
#Post#: 42042--------------------------------------------------
Re: UKPC, not parked correctly within the markings of the bay or
space, Metrocentre Gateshead
DIR By: Fowler1981
Date: October 23, 2024, 9:29 am
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Yes, it was the hirer that received the notice and that one page
(front and back) is all that was received.
#Post#: 42045--------------------------------------------------
Re: UKPC, not parked correctly within the markings of the bay or
space, Metrocentre Gateshead
DIR By: b789
Date: October 23, 2024, 9:39 am
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Golden ticket... As long as the Hirer does not identify the
driver. However, UKPC will reject the appeal but should win at
POPLA.
#Post#: 42047--------------------------------------------------
Re: UKPC, not parked correctly within the markings of the bay or
space, Metrocentre Gateshead
DIR By: DWMB2
Date: October 23, 2024, 9:39 am
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As expected - in which case an appeal with the wording in my
other reply is a good first step.
As b789 notes they might reject (because they can), but POPLA
should be more successful.
#Post#: 42053--------------------------------------------------
Re: UKPC, not parked correctly within the markings of the bay or
space, Metrocentre Gateshead
DIR By: Fowler1981
Date: October 23, 2024, 10:03 am
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The options for 'appeal reason' are:
Blue Badge Holder
Working on site
Genuine customer
Other
So 'other' has been selected and then 'Relationship to vehicle'
has to be answered with the only options being:
Driver
Registered keeper
Driver and registered keeper
So what should be selected here?
#Post#: 42054--------------------------------------------------
Re: UKPC, not parked correctly within the markings of the bay or
space, Metrocentre Gateshead
DIR By: DWMB2
Date: October 23, 2024, 10:08 am
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Under 'appeal reason' put 'Other'
If there's no option for 'hirer' (rather daft when they issue
notices to hirers...) then select 'registered keeper'. The
appeal I have suggested makes clear you are the hirer.
For belt and braces you could maybe include a line right at the
start that says "As your appeal form does not include an option
for 'hirer' I was forced to select 'Registered Keeper', however
you should note I am appealing in my capacity as the hirer"
#Post#: 42088--------------------------------------------------
Re: UKPC, not parked correctly within the markings of the bay or
space, Metrocentre Gateshead
DIR By: Fowler1981
Date: October 23, 2024, 1:07 pm
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If the appeal is won is the £35 fee from Enterprise refunded or
is that lost regardless?
#Post#: 42098--------------------------------------------------
Re: UKPC, not parked correctly within the markings of the bay or
space, Metrocentre Gateshead
DIR By: DWMB2
Date: October 23, 2024, 1:58 pm
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Any fee charged by Enterprise is a separate matter. To advise on
that, we'd need to see the wording of your contract with them.
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