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Messages - wazza123

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1

Hi all,

I would appreciate your advice concerning the registered keeper receiving a parking charge from APCOA at Heathrow airport. They drop off fee was paid yet they still received a letter from APCOA in the mail. They believe it is because they accidently went to the wrong terminal and stayed there for a while first before going to the correct one making it two drop offs instead of one. Is it worth appealing with these reasons or to just use the airport byelaw template? Thanks.

https://imgpile.com/p/yio7d0b

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CEO@asda.com

There are other posts here which saw cancellations after email to this address.

Will give it a go. Thanks.

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Whether the Keeper is the blue badge holder does not matter. Anyone could be driving
My point was that in their appeal, which they have already submitted, the keeper (who is the owner of the blue badge) has already said that the owner of the blue badge was driving.

I agree that trying ASDA would be a wise first port of call.

Another point, in your opening post, you mention two parking charges, but refer to only one appeal. Each charge must be appealed separately.

The same appeal was submitted for the both the charges, and UKPC sent the same response for both. For some reason this particular Asda store said they can't give the store manager's email and can only speak in person which in of itself is difficult also.

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I don't understand the problem with sending them a copy of the Blue Badge. The blue badge owner, whether the Keeper or the driver or both is irrelevant. The vehicle only needs to have a blue badge holder in the vehicle to allow it to use a blue badge bay. Whether the Keeper is the blue badge holder does not matter. Anyone could be driving and as long as the driver is not identified, they will have nowhere to go with this anyway.

At POPLA the fact that the notice does not comply with PoFA 9(2)(a) should be enough to get it cancelled.

What about Plan A? Did the Keeper try and get ASDA to get it cancelled?

Tried to contact Asda but they refused to give the email of the store manager.

5
Good morning all,
 
Last month my dad recieved two parking charge tickets from UKPC under the grounds that the vehicle was parked on a disabled parking bay without a disabled badge on display. This happened on two seperate occasions and my dad who is a disabled badge holder insists that he displayed the badge correctly beforehand but it slipped. He later realised that the dashboard was damaged which was causing the badge to slip from its position.

He appealed to UKPC as the registered keeper and received a response from UKPC requesting to see a valid disabled badge. I'm uncertain however if this would jeopardise the appeal since he appealed as the registered keeper and not driver. Perhaps I'm being too cautious but I would appreciate any input. Attached are the PCNs, appeal and response from UKPC.

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Here was the full appeal

I am writing to formally challenge the Parking Charge Notice issued on 19th May May 2025 in relation to an alleged incident on 17th May 2025 at Portal Way, London This appeal is submitted strictly in my capacity as the Registered Keeper of the vehicle. I do not identify the driver and make no admission as to who was driving at the time. Having reviewed the notice and the accompanying images, I reject the charge on the following grounds: The photographs provided do not show any clear breach of parking terms and conditions. The vehicle was briefly located by the pavement, outside the private estate, and not within any clearly marked or signed area that is stated to be under the control of UK Car Park Management. The area lacks sufficient and prominent signage or to indicate that it is private land or subject to parking restrictions. Without clear signage at the point of entry or where the vehicle was stopped, no contract could have been formed. Your Notice to Keeper fails to comply with Paragraph 9(2)(a) of Schedule 4 of the Protection of Freedoms Act 2012. It does not specify any period of parking. A single timestamp does not constitute a period of parking and does not demonstrate that the vehicle remained on site long enough to conclude that any contractual terms were accepted or breached. As such, no liability can be transferred to the Registered Keeper under POFA. Also as per schedule 4 paragraphs 2 and 3 of the protection of freedoms act 2012, the relevant land in which the vehicle was parked was not displayed on the notice to keeper and therefore the keeper cannot be held liable Should you reject this appeal, I will not engage with the Independent Appeals Service (IAS), which I do not consider a fair or impartial body. You may proceed directly to court if you believe your case has merit. I am fully prepared to defend this matter and will seek a full costs order for unreasonable conduct if you pursue an unmerited claim. You are now formally instructed not to share my personal data with any third-party debt collection agency. Doing so would be unnecessary and in breach of UK GDPR, particularly Articles 5(1)(b) and (c). Any such misuse will be reported to the Information Commissioner�s Office and the DVLA, and I reserve the right to seek compensation under Article 82. I expect therefore either the cancellation of the charge or issue a Letter of Claim. Do not refer this matter to a debt recovery agency.

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Received this response from UKCPM yesterday, the appeal sent was more or less similar to the draft written above. I've read on other threads that this is a trap and one shouldn't take the bait and pay?

"Thank you for your appeal against the above Parking Charge Notice.                     

At UK CPM we consider all appeals on a case-by-case basis. We take each appeal very seriously and thoroughly investigate any evidence that has been provided. We appreciate your circumstances and understand this is not a situation anyone would like to find themselves in; however, these parking conditions have been put in place to ensure fair usage for all motorists and support the needs of our client. After careful consideration, it is unfortunate that I am writing to you today to advise that on this occasion, your appeal has been unsuccessful.

The decision to uphold your parking charge notice has been made on the following basis.

Whilst we note the comments and reason for appeal, as per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions. As the vehicle was parked in an area where no parking is allowed, we can confirm that this PCN has been issued correctly.

It would appear that you believe we are obligated under the General Data Protection Regulations (GDPR) to supply you with information that is not deemed to be personal data.

It may be worthwhile reading the following link from the Information Commissioners Office (ICO) which gives a clear definition of Personal Data:

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/what-is-personal-data/what-is-personal-data/

Therefore, we must advise, the additional information you have requested does not fall under your rights with regard to Article 15 of GDPR and therefore we will not be providing this to you.

Either due to the reason for issue and/or the insufficient evidence provided to support the details of your appeal, we have considered this PCN and found that it does not fall under the category of Annex F the Appeals Charter of the Single Code of Practice. Therefore, if no further evidence is provided, we will deem this to be our final decision.                                                 

You have now reached the end of our internal appeals procedure and therefore you now have two options; either pay or appeal to the Independent Appeals Service (IAS) - you cannot do both.

To make payment of the total amount due as shown above, please use one of the following payment options;

Online: www.paymyticket.co.uk
Telephone: 0345 463 4040 (24hr)
Post: Payments & Collections, PO Box 3114, Lancing, BN15 5BR
Alternatively, if you do not agree with your internal appeal outcome and you wish to dispute the matter further, as you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 28 days of this rejection.

The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. If you decide to appeal to the IAS, you will need to visit their website and use your PCN reference and corresponding vehicle registration. All PCN's will be uploaded to the IAS website by the end of this working day.

If you appeal this charge further then you will lose the ability to pay at the reduced rate (if applicable). In the event that your IAS appeal is unsuccessful, the full amount for the PCN will then be payable. If you lodge an appeal with the IAS and then subsequently pay the charge prior to that appeal being determined, then the appeal will be withdrawn, and you will not be given a further opportunity to contest the charge.

If you do not wish to dispute the matter further and payment is not received within 28 days of the date of this correspondence then additional charges may be incurred, for which you may be liable. If the charge continues to remain outstanding, the matter may be later referred for litigation in the County Court which could result in a County Court Judgment being made against you; this may impact on your ability to obtain credit in the future."



 

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No worries @jfollows , what do you make of the draft appeal?

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Excuse me for my ignorance but I do not get what difference it makes to have only the NTK displayed?



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Thanks for responding. Here's a drafted appeal using some of your previous drafts for other users.

I am writing to formally challenge the Parking Charge Notice issued on 19th May May  2025 in relation to an alleged incident on 18th May 2025 at Portal Way, London

This appeal is submitted strictly in my capacity as the Registered Keeper of the vehicle. I do not identify the driver and make no admission as to who was driving at the time.

Having reviewed the notice and the accompanying images, I reject the charge on the following grounds:

The photographs provided do not show any clear breach of parking terms and conditions. The vehicle was briefly located by the pavement, outside the private estate, and not within any clearly marked or signed area that is stated to be under the control of UK Car Park Management.

  The area lacks sufficient and prominent signage or to indicate that it is private land or subject to parking restrictions. Without clear signage at the point of entry or where the vehicle was stopped, no contract could have been formed.

Your Notice to Keeper fails to comply with Paragraph 9(2)(a) of Schedule 4 of the Protection of Freedoms Act 2012. It does not specify any period of parking. A single timestamp does not constitute a period of parking and does not demonstrate that the vehicle remained on site long enough to conclude that any contractual terms were accepted or breached. As such, no liability can be transferred to the Registered Keeper under POFA.

Also as per schedule 4 paragraphs 2 and 3 of the protection of freedoms act  2012, the relevant land in which the vehicle was parked was not displayed on the notice to keeper and therefore the keeper cannot be held liable

I'd appreciate your input @b789




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Good afternoon all,

Registered keeper of the vehicle received this in the post today from UK car park management. The keeper says they did not see the notice displayed on the road and have parked in the same area on multiple occasions without any issue. Seeing as it's a private parking charge they are willing to fight it. Any advice on how to proceed? Thanks

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Reviving this as as the recipient is not sure whether to just pay the discounted fee or wait for the NTO. I find it odd that all PCN's were overturned apart from this particular one. I actually spoke to a CEO on the road a few days ago when I saw them wrongly issue a PCN to another vehicle parked on a driveway. I explained to him that all off street parking on the road was not in contravention, showed them the overturned PCN'S. They told me that it's difficult to make a decision since the council is sending them to check this particular road, and when there are no marking designating on street parking from off street, they have no choice but to follow the permit holder signs which are displayed on entrance to the road. I told them that this has never been a problem and all of a sudden the council decides that pretty much every vehicle on the road is in contravention. He said he will report to his superiors and then left.

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My apologies @coffee pot, that was a neighbours accepted appeal. Attached is the the rejection letter.

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The vehicle was clearly parked on the driveway, as were the others which were also issued PCN's but had them overturned. [ Guests cannot view attachments ] [ Guests cannot view attachments ] [ Guests cannot view attachments ]

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Good Afternoon all,

Back in January a family friend's vehicle was parked for about 2-3 days during a short visit, on a driveway that is usually used by residents on the street and other people. To my knowledge the driveways on this road do not require a permit so long as the vehicles are not parked on the street. It just so happened that there was a CEO who issued parking tickets all over the road to most if not all vehicles parked on these driveways on multiple occasions. Many made appeals for the same reason and had the penalties overturned whereas this particular appeal received a notice of rejection as they state he was not parked on the driveway despite proving as such in the initial appeal with photo evidence. They have been using the available parking space for many years with no problems. Any advice on how to proceed?

https://maps.app.goo.gl/d6UFoL8GP4t2RnSR8


Thanks

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