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#Post#: 55660--------------------------------------------------
UKPC PCN- Not parked within the bay- Lower Precinct, Coventry
DIR By: dalooah
Date: January 28, 2025, 4:23 pm
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I have recieved this PCN for not parking wholly within the bay.
I am the registered keeper. The bay in question is a parent and
child bay that has a massive pillar within it that obstructs a
larger car from parking properly. Had the car been exactly
within the signed bay, the 3 children in the backseat would not
have been able to exit the vehicle and the car on the right hand
side of the vehicle would have also been significantly
obstructed- all of which has not surprisingly, been ignored by
the parking attendant.
HTML https://i.imgur.com/LyWLkQJ.jpeg
HTML https://i.imgur.com/kCqRYXL.jpeg
HTML https://i.imgur.com/OTOsrJF.jpeg
HTML https://i.imgur.com/DNqJtEq.jpeg
HTML https://i.imgur.com/i8XcOEY.jpeg
HTML https://i.imgur.com/7Dm7x6b.jpeg
HTML https://i.imgur.com/2lAc3Bj.jpeg
The photo of the signage isn't very clear and I don't have my
own photos.
Asking the shopping center management to intervenet is wholly
useless as it clearly states on their website to contact UKPC
directly.
Any ideas how to appeal this successfully?
#Post#: 55690--------------------------------------------------
Re: UKPC PCN- Not parked within the bay- Lower Precinct,
Coventry
DIR By: b789
Date: January 29, 2025, 3:55 am
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You will not be paying a penny to UKPC if you follow the advice.
For now, hopefully, UKPC have no idea who the driver is. Do not
blab the drivers identity if you are the Keeper who has received
the Notice to Keeper (NtK) by saying things like "I did this or
that". As the Keeper, you only refer to the driver in the third
person such as "The driver did this or that".
The NtK is not PoFA compliant and there can be no Keeper
liability. The only way that UKPC would know the drivers
identity is if the Keeper blabs it, inadvertently or otherwise.
As the Keeper is the named person on the NtK heed the following
instructions and follow them without editing anything in the
appeal.
--- Quote ---
> Easy one to defeat... as long as the unknown drivers identity
is not revealed. There is no legal obligation on the known
keeper (the recipient of the Notice to Keeper (NtK)) to reveal
the identity of the unknown driver and no inference or
assumptions can be made.
>
> The NtK is not compliant with all the requirements of PoFA
which means that if the unknown driver is not identified, they
cannot transfer liability for the charge from the unknown driver
to the known keeper.
>
> Use the following as your appeal. No need to embellish or
remove anything from it:
>
> [quote]I am the keeper of the vehicle and I dispute your
'parking charge'. I deny any liability or contractual agreement
and I will be making a complaint about your predatory conduct to
your client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. UKPC has relied on contract law allegations of
breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
UKPC have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
[/quote]
The appeal will be rejected, no matter what is in it but it puts
them on notice that they are not dealing with low-hanging fruit
on the gullible tree and gets a POPLA code.
Come back when you receive the appeal rejection or any other
correspondence from them for the next steps.
#Post#: 59057--------------------------------------------------
Re: UKPC PCN- Not parked within the bay- Lower Precinct,
Coventry
DIR By: dalooah
Date: February 20, 2025, 10:39 am
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Thanks for the help so far. I submitted the appeal as above and
I was expecting a rejection but I have just been sent a letter
asking for the drivers name and address in order for the appeal
to be considered.
HTML https://i.imgur.com/R4Df9oB.jpeg
Am I correct in thinking that I can ignore this, or do I
reiterate that I will not be confirming the details of the
person driving?
#Post#: 59062--------------------------------------------------
Re: UKPC PCN- Not parked within the bay- Lower Precinct,
Coventry
DIR By: jfollows
Date: February 20, 2025, 11:43 am
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Yes, ignore.
Anything you would say to them in writing would likely be to
your detriment.
#Post#: 59076--------------------------------------------------
Re: UKPC PCN- Not parked within the bay- Lower Precinct,
Coventry
DIR By: b789
Date: February 20, 2025, 1:04 pm
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Don't tell 'em your name Pike!
#Post#: 59881--------------------------------------------------
Re: UKPC PCN- Not parked within the bay- Lower Precinct,
Coventry
DIR By: dalooah
Date: February 27, 2025, 8:45 am
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Having ignored the recent correspondance, it has been 28 days
since I submitted the appeal and have not had a response. Should
I follow up or hope its done and dusted?
#Post#: 59895--------------------------------------------------
Re: UKPC PCN- Not parked within the bay- Lower Precinct,
Coventry
DIR By: b789
Date: February 27, 2025, 10:29 am
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It's not "done and dusted", but why would you want to "follow it
up"? Te=he ball is in their court and if they haven't responded
within the required timeframe, then you can make a formal
complaint later. Just wait for them to respond.
#Post#: 62453--------------------------------------------------
Re: UKPC PCN- Not parked within the bay- Lower Precinct,
Coventry
DIR By: dalooah
Date: March 14, 2025, 4:34 am
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I've finally recieved a rejection to my initial appeal.
Here is the letter:
HTML https://i.imgur.com/elahK60.jpeg
I believe I have a case at POPLA because of the awkward shape of
the parking space the driver was forced to park in- it was a
parent and child space and the driver had three children under 8
with them- but the pillar at the front of the parking space
meant the driver had to park very slighly on the hashed marking
in order to ensure they and the cars around them could get in
and out of their vehicles.
HTML https://i.imgur.com/WfzTPMM.jpeg
This is the original NtK.
I also believe the NtK isn't POFA compliant but I'm not sure on
what grounds? I'm certain they have calculated their dates
incorrectly, because I recieved a "final notice" in the post on
27/01/2025 which clearly showed the 14 day early payment
discount had already ended on that date- whereas, according to
my calculations it shouldn't have ended till: 29/01, and thus
the end of the 28 day period- which isn't stated on any of the
letters should have been: 12/02.
Alledged contrvention: 10/01
NtK dated: 13/01
So first day of the 28 day period should be: 16/01
Final Reminder stating 14 days have lapsed and 14 days
remaining: 27/01 which is only 12 days after the NtK?
Any help with crafting my appeal to POPLA would be appreciated.
#Post#: 62454--------------------------------------------------
Re: UKPC PCN- Not parked within the bay- Lower Precinct,
Coventry
DIR By: dalooah
Date: March 14, 2025, 4:37 am
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Just in case its useful, the final reminder letter I received in
the post.
HTML https://i.imgur.com/WDbZeAE.jpeg
#Post#: 62473--------------------------------------------------
Re: UKPC PCN- Not parked within the bay- Lower Precinct,
Coventry
DIR By: jfollows
Date: March 14, 2025, 6:34 am
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POPLA won’t take “mitigating circumstances” into account, which
I think you’re relying on.
Basically they’ll say if you couldn’t park “correctly” then you
should have parked somewhere else.
Stick to lack of PoFA compliance meaning you can not be liable,
you will get help on how to spell this out I’m sure. No hurry.
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