Hi all, new to forum so apologies if I miss something!
I got a fine from UKCPS at regent street car car for "Driver observed leaving site" at 20:39 hours. They had pictures of the car, none of the driver nor was there 2 time stamps. I have attached a pic of the sign on site.
I sent the following response
"I write to formally appeal the above Parking Charge Notice issued by UKCPS on the stated basis that the “driver was observed leaving the site.”
I deny any liability for this charge and require its immediate cancellation on the following grounds:
1. Lack of Evidence - No evidence has been provided to substantiate the allegation. In accordance with the principles of fairness and transparency set out in the British Parking Association (BPA) Code of Practice, operators are required to provide sufficient evidence to support a parking charge.
I require you to provide strict proof of your claim, including clear, time-stamped photographic or video evidence showing the driver leaving the site, as well as evidence demonstrating how the individual observed was linked to the vehicle in question.
2. Unclear and Unenforceable Terms- If the charge is based on a contractual term prohibiting leaving the site, such a term must be clearly stated on signage and prominently displayed.
In the absence of clear, legible, and prominent signage, no contract can be said to have been formed. This position is supported by the decision in ParkingEye Ltd v Beavis, which confirmed that for parking terms to be enforceable, they must be clearly communicated.
Please therefore provide:
Photographs of all signage at the site
A site map showing signage locations
Evidence that the signage was in place and visible on the date in question
3. Breach of BPA Code of Practice- The BPA Code of Practice requires operators to act reasonably and not issue charges based on unreliable or unverified observations. The allegation of “leaving site” is inherently subjective and prone to error, particularly without supporting evidence.
If your operative made this observation, I require:
A contemporaneous log or notes made at the time
The operative’s position and duration of observation
Evidence of how the driver was identified
4. No Keeper Liability Established - If you are seeking to hold me liable as the registered keeper, you must fully comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012.
If you have failed to meet these requirements, you cannot transfer liability from the driver to the keeper. I do not admit to being the driver, and you must not make any assumptions in this regard.
5. Request for POPLA Code- Should you reject this appeal, you are required to provide a valid POPLA verification code so that I may refer the matter to independent adjudication via Parking on Private Land Appeals (POPLA).
In summary, due to the complete lack of evidence, unclear contractual terms, and failure to meet required standards of proof, this charge is invalid and must be cancelled.
Should you refuse, I expect a full and detailed response addressing each point raised above, along with all requested evidence."However they emailed me back saying my appeal had been rejected with the following:
"Our operative recorded a contemporaneous observation of the driver leaving the site, and this forms the basis of
the enforcement action. The terms and conditions of parking, including any restriction on leaving the site, are
clearly stated on signage displayed throughout the location, forming a binding contract upon parking, consistent
with the principles established in ParkingEye Ltd v Beavis. As the registered keeper, you are liable for the charge
under the provisions of Protection of Freedoms Act 2012, where applicable. Having considered the points raised,
we find no grounds to cancel the notice.
The motorist was observed leaving the site, and we hold a sworn written statement from the attending warden confirming this fact. This statement constitutes sufficient and credible evidence in accordance with the IPC Code of Practice, which permits reliance on contemporaneous observations recorded by an authorised operative.
Parking at the above location requires the driver to remain on-site throughout the entire period of parking. Failure to comply with the terms and conditions, by parking and subsequently leaving the site, will result in the driver being contractually obligated to pay a parking charge."
It's clear they havent responded to most of my requests however I didn't know where I stand now.
TIAhttps://photos.app.goo.gl/ddPQXVcZYjBBpXni8
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