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#Post#: 90890--------------------------------------------------
Re: UKPC - Free Retail Park - disabled badge not displayed
DIR By: muppetboy1
Date: September 22, 2025, 3:58 am
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So I got this letter today relating to this, what's next steps.
Many thanks
Thank you for your recent correspondence in relation to parking
charge reference *******
To assist us in making a decision regarding your appeal, please
confirm the full name and address of the driver to our Appeals
Department within seven
days of the date of this letter.
Schedule 4 of the Protection of Freedoms Act 2012 discusses the
recovery of unpaid parking charges. It allows parking operators
to hold the registered
keeper liable to pay unpaid parking charges if the operator has
not been provided the name and a serviceable address of the
driver.
This information may be confirmed by submitting another appeal
on our website at www.ukpcappeals.co.uk, or by post to the
address overleaf. Please
ensure that if writing to us by post that you include the
parking charge reference number and vehicle registration.
Failure to provide this information will give us no alternative
other than to make our final decision based on the previous
information received. At this stage
a POPLA verification code will be provided.
The parking charge has been placed on hold whilst under appeal
and may be settled in full at the current PCN rate of £100.00.
#Post#: 90893--------------------------------------------------
Re: UKPC - Free Retail Park - disabled badge not displayed
DIR By: DWMB2
Date: September 22, 2025, 4:04 am
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That is their usual 'fishing expedition' letter. You can ignore
it and let them respond to your appeal as submitted, their
remains no obligation to provide the driver's details and you
should not do so.
#Post#: 90905--------------------------------------------------
Re: UKPC - Free Retail Park - disabled badge not displayed
DIR By: muppetboy1
Date: September 22, 2025, 4:39 am
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thank you
#Post#: 93914--------------------------------------------------
Re: UKPC - Free Retail Park - disabled badge not displayed
DIR By: muppetboy1
Date: October 13, 2025, 12:24 pm
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This has now come back saying looked at my appeal with them and
they think it still stands so have issued with a code for POPLA
appeal, you advised to come back when this happens for next
step.
Many thanks
M
#Post#: 94120--------------------------------------------------
Re: UKPC - Free Retail Park - disabled badge not displayed
DIR By: muppetboy1
Date: October 15, 2025, 2:33 am
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Any advise on this one, thanks
#Post#: 94185--------------------------------------------------
Re: UKPC - Free Retail Park - disabled badge not displayed
DIR By: muppetboy1
Date: October 15, 2025, 8:28 am
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--- Quote from: b789 link ---
>
> The Notice to Keeper (NtK) is not fully compliant with PoFA
2012 para 9(2)(a) because it does not state a period of parking.
A single timestamp is not a 'period' of parking. Also, there is
no evidence that a contract was formed with the driver without a
period of parking.
>
> What this means is that UKPC cannot transfer any liability
from the driver, if they do not know who that is, to the
registered keeper. Even if they know who the driver was, they
cannot evidence that a contract was formed unless they can show
that it was parked for longer than the minimum 5 minute
consideration period.
>
> 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 ---
It is as rare as hens teeth that a greedy unregulated private
parking firm will ever accept an initial appeal, so when you
receive the rejection, come back and we will assist with a POPLA
appeal.
DO NOT pay UKPC. If you follow our advice, you will not be
paying a penny to UKPC.
[/quote]
Just coming back as advised for support with a a POPLA appeal.
#Post#: 94199--------------------------------------------------
Re: UKPC - Free Retail Park - disabled badge not displayed
DIR By: b789
Date: October 15, 2025, 9:40 am
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You can do a search of the forum for recent POPLA appeals and
put one together. Show us what you want to send and we will
advise on any changes you need.
#Post#: 94206--------------------------------------------------
Re: UKPC - Free Retail Park - disabled badge not displayed
DIR By: muppetboy1
Date: October 15, 2025, 10:00 am
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How does the sound ?
POPLA Appeal – UK Parking Control Ltd
Appellant: [Your full name]
POPLA Verification Code: [insert code]
Operator: UK Parking Control Ltd (UKPC)
PCN Reference: [insert PCN number]
Vehicle Registration: [insert reg]
---
1. Introduction
I am the registered keeper of the vehicle referenced above. I am
appealing against this parking charge notice (PCN) issued by UK
Parking Control Ltd. I deny any liability for the alleged
parking charge and submit that I am not liable as the keeper.
The Notice to Keeper (NtK) does not comply with the strict
requirements of the Protection of Freedoms Act 2012 (PoFA),
Schedule 4. As such, UKPC cannot transfer liability from the
unknown driver to me, the keeper.
---
2. The Notice to Keeper is not compliant with PoFA 2012
2.1 Failure to specify a “period of parking”
Under Schedule 4, Paragraph 9(2)(a) of PoFA 2012, a Notice to
Keeper must:
“specify the vehicle, the relevant land on which it was parked
and the period of parking to which the notice relates.”
UKPC’s NtK fails to specify any period of parking. It merely
includes a single timestamp (arrival or departure time). A
single timestamp cannot constitute a “period” and does not
satisfy the statutory requirement.
POPLA and previous court decisions have recognised that arrival
or exit times from ANPR data do not necessarily represent the
actual period parked. Vehicles require time to enter, locate a
space, read signage, and exit.
Accordingly, the NtK does not comply with Paragraph 9(2)(a), and
UKPC cannot hold the keeper liable.
2.2 Failure to comply with other PoFA requirements
In addition, the NtK fails to comply with other PoFA
requirements including, but not limited to:
- Paragraph 9(2)(f) – It must include a specific warning that
the creditor will have the right to recover the charge from the
keeper if payment is not made and the driver is not identified,
if and only if the NtK fully complies with the Act.
- Paragraph 9(2)(b) – The NtK must “inform the keeper that the
driver is required to pay the parking charge in full” and “state
that it has not been paid in full.”
- Paragraph 9(2)(e) – The NtK must state that the creditor does
not know both the name and current address for service of the
driver.
UKPC’s NtK fails to meet the statutory wording and clarity
required by PoFA in these respects.
As a result, UKPC cannot rely on keeper liability. Their only
recourse would be to pursue the driver — whose identity has not
been and will not be disclosed.
---
3. No evidence of a contract with the driver
UKPC have provided no evidence that any contract was formed with
the driver. Without a period of parking, there is no evidence
that the vehicle remained on site beyond any reasonable grace or
consideration period.
The British Parking Association (BPA) Code of Practice,
paragraph 13.1, requires that operators allow a minimum 5-minute
consideration period for drivers to read signage and decide
whether to stay or leave. UKPC have not demonstrated that the
driver exceeded that period.
Therefore, there is no evidence that any contractual breach
occurred.
---
4. The operator has not demonstrated landowner authority
As per the BPA Code of Practice (paragraph 7.2), UKPC must have
written authorisation from the landowner to issue and enforce
parking charges. The burden of proof lies with UKPC to
demonstrate this authority.
Unless UKPC provides an unredacted copy of their contract with
the landowner (not merely a witness statement), POPLA cannot be
satisfied that UKPC has the necessary standing to issue and
pursue charges.
---
5. No admission as to driver identity
There is no legal obligation for the registered keeper to name
the driver, and no presumption or inference can be drawn. The
burden rests with UKPC to identify the driver if they wish to
pursue liability under contract law. They have failed to do so.
---
6. Conclusion
For the reasons stated above, I respectfully request that POPLA
uphold my appeal and direct UK Parking Control Ltd to cancel
this Parking Charge Notice.
---
Signed:
[Your name]
[Date]
#Post#: 94213--------------------------------------------------
Re: UKPC - Free Retail Park - disabled badge not displayed
DIR By: b789
Date: October 15, 2025, 10:23 am
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You need to imagine that the POPLA assessor is intellectually
malnourished and you will have to lead them by the nose to the
points you are making. Think of how you'd have to explain your
argument to a primary school student. You have to make your
points absolutely clear and what conclusion you are seeking to
get from those points.
You mention the BPA CoP. For any PCN issued after October 2024,
the relevant CoP is the PPSCoP
HTML https://irp.cdn-website.com/262226a6/files/uploaded/sector_single_Code_of_Practice_Version_1.1_130225.pdf<br
/>and so you will have to reference the relevant sections in
that
document.
Your appeal is on the right lines. It just needs refining. There
are some very recent POPLA appeals with much more detail,
especially with regard to the landowner contract (standing) they
should be put to strict proof of.
#Post#: 94222--------------------------------------------------
Re: UKPC - Free Retail Park - disabled badge not displayed
DIR By: muppetboy1
Date: October 15, 2025, 11:35 am
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many thanks will have another go, much appreciated
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