UKPC have finally responded. This time it wasn't a copy and paste from the last one. They also seem to have given up on asking for the driver details.
Now, I'm not sure what's going on but Imgur keeps saying the file format is not supported and my Mac won't open it when I change the extension to .jpeg, but only this particular one, which is strange, so I have to just copy and paste their response.
Thank you for your recent communication concerning parking charge reference *************.
We have carefully considered your appeal based on the information provided and the evidence supporting the parking charge. In this instance having completed our assessment, we consider the parking charge to have been correctly issued, as the vehicle was not parked correctly in the bay markings.
We appreciate that on occasion long wheel-base vehicles will park within car parks that we manage. As such a parking charge will not be issued, provided that the vehicle is parked reasonably within the confines of the length of a parking bay, or bays. However, it is our position that parking over the width of the bay is in breach of the terms and condition set out by the signage within the car park.
UK Parking Control signage complies fully with section 18 of the British Parking Association Code of Practice. Entrance signage advises motorists that terms of parking apply, and that notices within the car park should be checked to identify the full terms and conditions. These notices are numerous and placed appropriately throughout the car park. It is ultimately the responsibility of the motorist to ensure they identify the terms of parking, and then decide whether to park their vehicle, or leave the site if they are unable to meet those terms.
We would also contend that when a motorist enters a car park they should be at the same level of observance as when driving on a public road; When driving on the road, motorists are expected to be aware of signs when travelling at up to 70mph. In a car park, the typical driving speed is on average, much lower. We therefore contend that it is not unreasonable to expect a motorist to note the signs and to subsequently familiarize themselves with these.
It is UKPC’s position that the signage installed on site is more than sufficient to bring the terms and conditions to the attention of any motorist, both in the clarity of information contained within it, as well as the number of appropriately placed signs on site, that a legally binding contract is formed between the
motorist and the party offering that contract.
Our appeals process is now concluded, you may now choose one of the following options:
1) Pay the parking charge detailed above at the reduced rate of £60.00 to UK Parking Control Ltd. PLEASE REFER OVERLEAF FOR PAYMENT OPTIONS AND ADDRESS DETAILS.
2) Make an appeal to the independent adjudicator POPLA (Parking on Private Land Appeals) using the verification code provided above. Please note that if you wish to appeal to POPLA, you will lose the right to pay the discounted rate of £60.00, and should POPLA reject your appeal you will be required to pay
the full amount of £100.00. If you opt to pay the parking charge you will be unable to appeal with POPLA. Appeals to POPLA must be made within twenty-eight days from the date of this letter. To appeal with POPLA, please visit
www.popla.co.uk. If you are unable to access the internet, you may appeal by post – this must be done using a POPLA postal form which may be obtained by contacting POPLA by phone (0330 159 6126) or post (PO Box 1270, Warrington, WA4 9RL).
By law we are also required to inform you that Ombudsman Services (
www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
3) If you choose to do nothing the parking charge will automatically increase after thirty-five days from the date of this letter to £100.00 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £70, in accordance with the terms and conditions of parking, and further charges will be claimed if court action is taken against you. Any unpaid court judgement may adversely affect your credit rating.
Yours sincerely,
Appeals Department
UK Parking Control Limited
Show Posts
