Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: amrab on May 19, 2024, 08:42:56 pm
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It would be interesting to note the dates of any demands received for any of the 3 outstanding PCNs. In your appeals and POPLA appeals, did you appeal as the keeper or ad the driver?
For example, one of the NtKs shows a date on the NtK as 29/12/2023. It says it must be paid within 28 days of the date the notice was “given” without specifying what “given” means. It cannot have been “given” any earlier than 03/01/2024. Therefore, they should not have sent any demand dated before 31/01/2024.
Whilst this may seem academic, if they’ve sent any demand before the 28 days have passed they will have breached PoFA, although that may be moot, depending on whether you have identified the driver. However, they will have also breached the CRA 2015. The Consumer Rights Act 2015 requires that terms and conditions must be fair and transparent. An NtK giving 28 days for payment but followed by an early demand is misleading and unfair to the keeper, thereby potentially invalidating the NtK.
Sending an early demand for payment could confuse the keeper about their rights and the timeline for responding to the NtK. This confusion can affect the procedural fairness and the keeper's ability to make an informed decision regarding payment or appeal. Procedural fairness is an underlying principle in consumer-related disputes, and a breach of this could invalidate the process initiated by the NtK.
The last bit regarding procedural fairness would only apply if it ever ended up in court.
So, did you receive any demands or reminders to pay for any of the PCNs and did you reveal the identity of the driver in your appeals?
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Indeed, but I've given up trying to understand how UKPC operate.
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I'm mindful that this is three PCNs rather than a single ticket, and whether this might entice them more than a single one?
yes but I provided the same stories too all 6 tickets and 3 got cancelled but 3 didnt
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There is a possibility but I haven’t seen them doing much consolidation and without them doing so, we can add cause of action estoppel to subsequent claims.
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I'm mindful that this is three PCNs rather than a single ticket, and whether this might entice them more than a single one?
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Luckily for you, this is a UKPC PCN and if you ignore all the debt collector letters that will come your way and then follow the advice on how to respond to the eventual county court claim and submit a robust defence using a template that will be provided, it will never get to a hearing as they will discontinue.
In the meantime, I suppose we can presume that you identified as the driver even though you were only contacted as the keeper. Never mind, too late to do anything about that now. It just means that there are a few less obstacles to put in UKPCs way.
You won’t be paying a penny to UKPC if you stay resolved and follow the advice. I just wouldn’t worry about all the permit issue malarkey. You just need to wait for the issue of a claim and then defend it robustly using a template defence. They will eventually discontinue once they realise you are no longer low-hanging fruit on the gullible tree.
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when the appeal was sent the permit did not appear on the system however the managers of one of the stores on site arranged for my parking while getting my permit set up. By the end of the POPLA appeal did my reg appear on the UKPC system. The screenshot was provided by the managers however it does not show when the permit was introduced or lasting till it only shows that I have permit to park in their sites
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I've clearly got the permit
What did you say in your appeals? In your post here you say you've got a permit, and have shown us a screenshot of one (although the screenshot doesn't seem to show any details regarding when the permit is valid, and for where...?), but in the POPLA assessor summary, it says that you "attempted" to get a permit. Which is it?
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POPLA assessment for last ticket
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POPLA assesessment for two tickets
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ticket ending in 87
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ticket ending in 02
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ticket 1 ending 84
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If you want advice on this you'll need to provide us with relevant info for the 3 tickets that have not been cancelled. As a starting point:
- The parking charge notices (personal info removed)
- Your appeals
- UKPC's responses
- Your POPLA appeals
- The assessors' responses
- A redacted copy of your permit (VRM and personal info removed) [/quote]
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ve been trying to get ukpc to show that I’m on their system and I’ve had a total of 6 tickets, 3 of which they have cancelled the tickets after numerous attempts to show I've been trying to get a permit.
However, 3 tickets went to tribunal with POPLA and lost however I got evidence of a permit and UKPC aren’t willing to check their system or allowing me to submit my evidence I don’t know what to do. When the results came to POPLA of their decision I asked UKPC to check their system to see I have a permit I got a letter dated 15 May stating that the decision is final and when I try to upload the evidence on their portal I am unable to do so.
I feel like I've exhausted my options I do not want any more hassle because I've clearly got the permit