Free Traffic Legal Advice

Thank you. What is the process from there and are they likely to take it any further if they see I am not backing down (which I have no intention of doing)?

I have a received a claim form and a WP email from the solicitors

Dear ,

We act for the Claimant, 

It is our position that the Letter of Claim ("LOC") is compliant with the Pre-Action Protocol for Debt Claims ("the Protocol"). The LOC provides adequate information for you to identify the debt that our Client is seeking to recover. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract.

The terms and conditions on the signs stated that parking was permitted for vehicles parked wholly within a marked bay. The vehicle was not parked within a marked bay as is demonstrated in the photographic evidence enclosed. The parking charge was issued correctly.

The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions. However, in Parking Eye Ltd v Beavis, it was found, both at County Court and Court of Appeal level, that appealing a Parking Charge on the basis that the amount is not a genuine pre-estimate of loss is, in fact, not a successful legal defence.

As payment was not made, either within 14 or 28 days, the creditor was entitled to instruct debt recovery agents and Solicitors to pursue payment and is entitled to recover the costs of doing so. It would have been made clear in the terms and conditions set out in the signs that additional enforcement costs may be incurred in the event of non-payment.

The Notice to Keeper was issued to you on 24/01/2025. A copy is attached. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.

The Reminder Notice was issued to you on 07/02/2025. A copy is attached. This notice reiterated that payment was outstanding and confirmed that legal action may be taken, and additional costs incurred if the parking charge was not paid.

If there are any documents that you have requested, but that are not attached, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.

WITHOUT PREJUDICE SAVE AS TO COSTS

Please note, the Claim was issued on [].

Our Client may be prepared to settle this Claim. I can confirm our Client would be agreeable to £215.00 in full and final settlement of the matter. The current outstanding balance is £266.20.

You now have 7 days from the date of this email to make payment of £215.00. Failure to make payment may result in the Claim proceeding to the next stage.

Payment can be made via bank transfer to our designated client account: -

Great, thank you. I will ignore and await DCB!

Assume my next stage is just ignoring UKPCs stroppy letters

UKPC have responded to my POPLA appeal

On the 22/01/2025, our parking operative issued a parking charge virtually to
vehicle registration [] at Beckton Triangle Retail Park. The parking charge
was issued because the vehicle was not parked within bay markings
Following the parking event on 22/01/2025, UKPC had reasonable cause to obtain
the details of the registered keeper from the DVLA for the purposes of issuing a
Parking Charge Notice (PCN) by post- a copy of this PCN is included in this pack.
The PCN was issued on 24/01/2025
The parking charge rate was £100.00, reduced to £60.00 if payment was received
within fourteen days.
An appeal was received from the vehicle keeper Mr A on the
07/02/2025, which the appeals department investigated and decided to reject.
The basis of the appeal was a basic online template stating that he denies liability,
but also refuses to name the driver. He also states how he would be making a
complaint about 'predatory conduct' and that the Notice to Keeper did not comply
with PoFA 2012 along with other statements.
As can be seen from the parking operative's photos, the vehicle is parked over the
bay markings and into a secondary bay, thus obstructing the use of that bay by any
patron of the retail park. It would not be presumed 'predatory' to issue a PCN to
those whom have cause hindrance to other members of the public, and contravened
the terms and conditions of parking on site.
We do note the comments made in regards to our NTF being non-PoFA compliant,
however as you can see from the further evidence provided this is fallacy. The
charge was issued correctly, as the vehicle is not parked correctly within the
markings of the bay. Seeing as Mr A refused to name the driver of the vehicle,
and the decision was made to continue the charge after the 28 day period, the
charge is compliant with PoFA in that regard and we have continued to hold Mr
A liable for the charge.
UKPC must maintain a consistent approach when issuing and upholding a charge. In
this instance, this vehicle had been parked on site in direct breach of the terms and
conditions of parking on site as stated on signage.
UK Parking Control signage complies fully with section 18 of the British Parking
Association Code of Practice and we reject the suggestion that it is vague or
misleading. 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 placed 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.
The parking charges issued by UK Parking Control Limited are based on a
contractual agreement between UKPC and the driver, as detailed on the signage
displayed in the car park. The signage states the terms and conditions of parking and
explains that a parking charge will be payable if the terms are not met by the driver.
We ensure that signage is ample, clear and visible, wholly in line with the British
Parking Association Code of Practice. It is settled law that a driver is deemed to
have accepted the terms and conditions of parking by the act of parking and leaving
a vehicle.
There are sufficient signs advising drivers that parking outside of bay markings may
result in a parking charge being issued. Mr A's vehicle was not
parked within the bay markings; consequently, the parking charge was issued
correctly.

They have also kindly shared their 'evidence'

POPLA Appeal question please

I assume that my Grounds for Appeal are 'other'

Thank you