Hi Folks ..
My friend got this PCN as final reminder.He did not got first one at first place and he came to know about PCN through this final reminder .He parked the car in Aldi parking to save few bucks and go to the hospital nearby .Is there any grounds for appeal.Please guide me ..Here is the link
Thank you
https://drive.google.com/drive/folders/1f35w1JMJ8Mg0izDTEEKZ8_5E7Rpzi2mC
The attachments are unreadable, to me at least.
Your friend should really post directly.
But if your friend parked in Aldi, are the conditions for parking there clear? If they are, your friend entered into a contract by parking there, and the PCN may be enforceable under contract law as a result.
I can see the attachments c;eary, there's no picture of signs or T&Cs.
Make sure your friend does NOT reveal the name of the driver. there's a couple of similar cases on here at the moment. And get your friend to deal with us directly, maybe there's a problem with his English and he needs your help?
Actually he does not know how you use this platform .He only got this notice which were final reminder .He told me he did not got any other PCN ..He parked the car there and then walked to the hospital .In the parking it says 3 hours free parking for customers ..If you need anything let me know i will try to give you all the details .
Thank you
OK good about the attachments, but was he a customer or not?
No..he just parked there and walked to the hospital..
OK but if I put up a clear sign saying you can park on my land as long as you’re a customer, but then you decide to park on my land and walk away without being a customer, the starting point is that I can sue you for breach of contract. So why does this not apply to your friend?
To help you, we need a reason why this PCN is not valid.
He did not know that he will get the ticket as someone is watching him that he is not shopping here and is using car park just for parking ..It is strange for me as well so i posted it here
Expensive lesson. Next time you or your friends park on private land, check the terms and conditions of parking there.
However, if you don't want your friend to pay anything to UKPC, then you will have to follow the advice you receive here. No appeal is going to be successful.
This will be won, eventually, after they issue a county court claim and it is defended using the defence we provide here. You are looking at a process that is going to take anything from 8-12+ months to complete.
Is your friend willing to fight this (lesson learnt) and not have to pay UKPC? If not, I will nt bother wasting my time.
I think he will not be willing to fight this long .Is there any chance to ask them to reduce the PCN because he did not get the PCN at first place this was the first one he got as final reminder .
No. Either be prepared to follow the advice and pay nothing or else your friend is on their own.
Hi b789 if we want to fight this one.How to start it ?
You appeal, only as the Keeper to UKPC with the following:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. UKPC has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. UKPC have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
When they've rejected that come back for your POPLA appeal.
Hi Folks..this PCN has been dropped .Thank you everyone who has helped me ..Special thanks to b789 for helping us out ..I have attached the notice in the drive you can have a look ..Thank you once again everyone ..
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