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#Post#: 97539--------------------------------------------------
UKPC Parking-Parked in an area where no parking is allowed with
Disabled Badge–Snowhill Retail Park,Wakefield,WF1 2DF
By: rhbmcse Date: November 10, 2025, 6:16 am
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Hi all,
received the above presumably automated PCN on Friday
7/11/25. Date of alleged offence 17/10/25. Letter dated
25/10/25.
I am the registered owner of the vehicle.
On the date of the alleged offence the driver had visited the
retail park to collect reserved goods. All disabled bays within
the vicinity were occupied, some without disabled badges being
displayed. No parking bays were available within the vicinity.
The driver is unable to carry the large item for collection for
any distance due to their disability and so pulled up directly
outside the retail outlet, collected their goods and departed.
The recorded duration by UKPC is 1 minute, 5 seconds which would
probably be consistent with collecting the goods pre-ordered.
The blue disabled badge can be seen clearly within the CCTV
camera recorded image provided.
I am unable to provide images of the signage at present but can
obtain this shortly and will provide.
I have responded via online appeal stating that the PCN has only
been received 21 days after the alleged offence and should have
been received within 14 days. Also stated that the Disabled
Badge can clearly be seen within the images provided.
Their automated response says they will respond within 28 days.
Should this be sufficient / are there any further steps I should
take at this point ?
Links to images below:
HTML https://ibb.co/s9p5Wfp0
HTML https://ibb.co/n8YR6yYS
Br,
Rob.
#Post#: 97546--------------------------------------------------
Re: UKPC Parking-Parked in an area where no parking is allowed w
ith Disabled Badge–Snowhill Retail Park,Wakefield,WF1 2D
By: InterCity125 Date: November 10, 2025, 6:29 am
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You appealed before seeking advice?
Was the driver revealed in the appeal or was the appeal make
pure as keeper?
#Post#: 97552--------------------------------------------------
Re: UKPC Parking-Parked in an area where no parking is allowed w
ith Disabled Badge–Snowhill Retail Park,Wakefield,WF1 2D
By: rhbmcse Date: November 10, 2025, 6:54 am
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Hi there,
The driver was not revealed - only myself as keeper.
Br,
Rob.
#Post#: 97734--------------------------------------------------
Re: UKPC Parking-Parked in an area where no parking is allowed w
ith Disabled Badge–Snowhill Retail Park,Wakefield,WF1 2D
By: b789 Date: November 11, 2025, 1:11 pm
---------------------------------------------------------
It matters not one iota the actual date you received the Notice
to Keeper (NtK). The only fact that matters is whether it was
deemed to have been served within the relevant period. In this
case, the date of the alleged contravention (definitely NOT an
"offence") was 17/10/2025 and the date the NtK was 'issued" is
25/10/2025 which means it was "deemed" 'given' (served) on
28/10/2025, which is 11 days, therefore compliant with PoFA para
9(5).
However, PoFA para 9(6) states "...unless the contrary is
proved". So how do you suppose you can prove non-delivery within
the relevant period? You do so by way of a rebuttable
presumption. If you rebut that the NtK was delivered (given)
within the relevant period, the burden of proof is on the
creditor (UKPC) to show that it was entered into the postal
system by guaranteed 1-2 day delivery no later than 29/10/2025.
They either evidence a signed for delivery note (no chance) or
proof of posting no later than 29/10/2025 with a first class
service. As these firms use a bulk mail collator, they will
require a proof of 1-2 day delivery method and the actual date
it was entered into the postal system. I can guarantee that they
do not hold this proof. They will try and fob off with a hybrid
email receipt that only evidences that the NtK was queued for
submission to their bulk mail consolidator and it will also
evidence that they used a 2-3 day service, not a 1-2 day
service.
Their own Code of Practice states the following:
[quote]A notice sent by post is to be presumed, unless the
contrary is proved, to have been delivered on the second working
day after the day on which it is posted; and for this purpose,
“working day” means any day other than a Saturday, Sunday or a
public holiday in England and Wales. Therefore, parking
operators must retain a record of the date of posting of a
notice, not simply of that notice having been generated (e.g.
the date that any third-party Mail Consolidator actually put it
in the postal system.)[/quote]
So, you now wait for their appeal rejection, which is
guaranteed. You will then be able to appeal to POPLA but there
is often the chance you get one of the more moronic assessors
and it is not successful. Not to worry, because a POPLA decision
is not binding on you.
I can confirm that if you follow the advice you receive here,
you will not pay a penny to UKPC. If POPLAS is not successful,
it will go all the way to a county court claim being issued. As
long as it is defended, and we provide the defence etc., it will
either be struck out or discontinued. That is not a guess. It is
said with greater than 99.9% certainty.
What you need do is get your head around the fact that no
OFFENCE has been committed and there is no such thing as a
"registered owner". In fact, have a look at the front of your
V5C registration document and tell us what the big, bold, white
capital letters on a red background say.
#Post#: 98362--------------------------------------------------
Re: UKPC Parking-Parked in an area where no parking is allowed w
ith Disabled Badge–Snowhill Retail Park,Wakefield,WF1 2D
By: rhbmcse Date: November 16, 2025, 6:55 am
---------------------------------------------------------
Wow. I am blown away by your response. Thank you so much for
your advice. I quite astonishingly received a further
threatening letter from them. This time, dated 8/11/25.
Received 14/11. That's some 6 days later. It seems they are
not so keen at getting their mail into the postal system.
This time, a final reminder as they have heard nothing in 14
days. Basically your 14 day discount period is up. Pay us £100
now or in 14 days we'll pass you over to a debt collection
agency.
I shall continue to follow the advice posted above and not
deviate. Currently awaiting their refusal of my appeal.
Many thanks.
Rob.
#Post#: 98449--------------------------------------------------
Re: UKPC Parking-Parked in an area where no parking is allowed w
ith Disabled Badge–Snowhill Retail Park,Wakefield,WF1 2D
By: rhbmcse Date: November 17, 2025, 5:32 am
---------------------------------------------------------
OK - so I got my appeal rejected, just as you said I would !
It's almost as though you've been through this before...
So I guess my next hoop to jump through is the POPLA appeal.
Is there a specific template document that I should complete for
this, or just continue to state my case as I already have done
to UKPC in my own words ?
Obviously I'm looking to take advice before I do anything that
may reduce my chance of success based on this statement:
"I can confirm that if you follow the advice you receive here,
you will not pay a penny to UKPC. If POPLAS is not successful,
it will go all the way to a county court claim being issued. As
long as it is defended, and we provide the defence etc., it will
either be struck out or discontinued. That is not a guess. It is
said with greater than 99.9% certainty."
Many thanks.
Rob.
#Post#: 98487--------------------------------------------------
Re: UKPC Parking-Parked in an area where no parking is allowed w
ith Disabled Badge–Snowhill Retail Park,Wakefield,WF1 2D
By: b789 Date: November 17, 2025, 8:56 am
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You have 33 days from the date of the appeal rejection to submit
your POPLA appeal. Just do a search of the forum for other
recent POPLA appeals to get an idea of how to put one together.
No rush.
When you think you have something ready to submit, show it to us
here and we can then advise on any edits, etc. There are
literally hundreds of POPLA appeals you can have a read through.
#Post#: 98631--------------------------------------------------
Re: UKPC Parking-Parked in an area where no parking is allowed w
ith Disabled Badge–Snowhill Retail Park,Wakefield,WF1 2D
By: rhbmcse Date: November 18, 2025, 5:53 am
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So, I popped my details so far into AI, and asked it to write a
POPLA appeal for me. How does this look ?
Draft POPLA Appeal
POPLA Code: [Insert POPLA Code] Vehicle Registration: [Insert
VRM] PCN Reference: [Insert PCN Number] Appellant: [Insert Your
Name] (Keeper)
Summary of Appeal
I am the registered keeper of the vehicle and I submit this
appeal on the following grounds:
Keeper Liability not established: The Notice to Keeper (NtK) was
not delivered within the relevant period required by Schedule 4
of the Protection of Freedoms Act 2012 (PoFA).
No Breach of Contract (Loading is not Parking): The vehicle was
stopped briefly for the purpose of loading, which is distinct
from parking (Jopson v Homeguard).
Breach of the Equality Act 2010: The operator failed to make
reasonable adjustments for a driver with a protected
characteristic (Blue Badge holder).
De Minimis: The duration of the stop (1 minute 5 seconds) is
trivial and falls within a reasonable grace period.
Inadequate Signage: The operator has not proved that clear and
obvious signs formed a contract.
No Landowner Authority: The operator has not proved they have
the authority to issue charges on this land.
Detailed Grounds for Appeal
1. Keeper Liability not established (PoFA Schedule 4
Non-Compliance) The operator has issued a Notice to Keeper (NtK)
citing the Protection of Freedoms Act 2012 (PoFA) to claim
keeper liability. However, they have failed to meet the strict
conditions required to transfer liability from the driver to the
keeper.
The alleged contravention took place on 17/10/2025. The NtK is
dated 25/10/2025. However, this document was not received by me
until 07/11/2025.
PoFA Schedule 4, Paragraph 9(5) specifies that the relevant
period for service of the notice is 14 days beginning with the
day after that on which the specified period of parking ended.
While PoFA Paragraph 9(6) creates a rebuttable presumption that
a notice is delivered on the second working day after posting, I
hereby rebut this presumption. I certify that the Notice was not
received until 07/11/2025, which is 21 days after the event and
well outside the statutory 14-day limit.
As the keeper, I cannot be held liable unless the operator can
provide concrete evidence (such as a certificate of posting or a
track-and-trace record) proving that the Notice was actually
posted via First Class mail on the working day immediately
following the "Date of Issue." A generic bulk-mail print log is
insufficient to prove the specific date of entry into the postal
system for this specific letter. Since the Notice was served
late, the operator has forfeited the right to claim keeper
liability.
2. No Breach of Contract (Loading is not Parking) The vehicle
was not "parked" in the definition of the term established by
case law. The vehicle was stationary for a total of 1 minute and
5 seconds for the sole purpose of collecting pre-ordered heavy
goods.
In the key appeal case of Jopson v Homeguard Services [2016]
B9GF0A9E, His Honour Judge Harris QC found that the act of
stopping to load or unload does not constitute "parking." The
Judge distinguished between "parking" (leaving a car) and
"stopping" (a temporary pause for a specific purpose, such as
loading). As the vehicle was engaged in loading heavy goods—an
activity incompatible with "parking"—no breach of the parking
contract occurred.
3. Breach of the Equality Act 2010 (Reasonable Adjustments) The
driver of the vehicle is a Blue Badge holder and suffers from a
disability that limits their mobility and ability to carry heavy
items over distance. A valid Blue Badge was clearly displayed
and is visible in the operator's own evidence.
On the day in question, all designated disabled bays were
occupied (some by vehicles not displaying Blue Badges). Under
the Equality Act 2010, service providers are under a statutory
duty to make "reasonable adjustments" to allow disabled persons
to access their services.
Forcing a disabled driver to park in a distant bay (had one even
been available) and carry heavy goods is not a reasonable
expectation. A temporary stop of 65 seconds nearest to the
collection point to load goods is a "reasonable adjustment" to
the parking policy. By issuing a PCN for this necessary
accommodation, the operator is engaging in indirect
discrimination and is in breach of the Equality Act 2010.
4. De Minimis and Grace Periods The operator’s evidence shows
the vehicle was present for a mere 1 minute and 5 seconds. The
British Parking Association (BPA) Code of Practice requires
operators to allow a reasonable grace period. A duration of
roughly one minute is de minimis (too small to be concerned with
by the law) and clearly falls within the time required for a
driver to assess the situation, attempt to locate a valid bay,
or load goods. It is unreasonable to suggest a contract to park
was formed, accepted, and breached in such a trivial timeframe.
5. Inadequate Signage The operator is put to strict proof that
their signage is prominent, clear, and legible, and that it
specifically forbids the activity of loading/unloading. If the
signage is "forbidding" (e.g., "No Parking"), it offers no
license to park and therefore no contract can be formed; the
matter would be one of trespass, for which only the landowner
can sue for actual damages (which are zero).
6. No Landowner Authority The operator is put to strict proof
that they have a valid contract with the landowner that
specifically authorises them to pursue parking charges in their
own name at this location, and that this authorisation was in
effect on the date in question. A redacted or generic witness
statement is insufficient; I require a copy of the actual
contract chain.
Conclusion For the reasons stated above—specifically the failure
to serve the NtK within the PoFA 14-day limit and the protection
afforded by the Equality Act—this charge is invalid and must be
cancelled.
Yours faithfully,
[Your Name]
#Post#: 98633--------------------------------------------------
Re: UKPC Parking-Parked in an area where no parking is allowed w
ith Disabled Badge–Snowhill Retail Park,Wakefield,WF1 2D
By: b789 Date: November 18, 2025, 6:13 am
---------------------------------------------------------
Point #4 should refer to "consideration period" not "grace
period".
It's only POPLA. Give it a go and see what happens.
#Post#: 98641--------------------------------------------------
Re: UKPC Parking-Parked in an area where no parking is allowed w
ith Disabled Badge–Snowhill Retail Park,Wakefield,WF1 2D
By: rhbmcse Date: November 18, 2025, 6:52 am
---------------------------------------------------------
Thank you so much.
I have changed "grace" to "consideration" and submitted the
POPLA appeal as per your advice.
I will revert once I have a response from them.
Br,
Rob.
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