3. Ukpc westway cross retail park fine for 32 second overstay
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Ukpc westway cross retail park fine for 32 second overstay
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Hi all
Got a fine sent to my car lease company. Has been forwarded onto me and transferred liability and lease company charged and £18 processing fee. I have appealed to ukpc and they have given me a popla code. Any help would be appreciated in appealing this with popla.

My appeal used the generic moneysupermarket template and I received a rejection as expected from ukpc. [ Guests cannot view attachments ]

I'd imaging a popla appeal would be simple just in regards to grace period as the restrictions stated 1 hr parking only after 12am. Photo shows me leaving at 1.00 am 32 seconds. [ Guests cannot view attachments ] [ Guests cannot view attachments ]

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Re: Ukpc westway cross retail park fine for 32 second overstay
« Reply #1 on: »
Did you receive a Notice to Hirer, if so please post it, and tell us what other documentation you received with it.
If there was nothing else - likely - then you can not be held liable unless you told them who the driver was.

Read https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/paragraph/13
« Last Edit: March 27, 2025, 09:20:19 pm by jfollows »
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Re: Ukpc westway cross retail park fine for 32 second overstay
« Reply #2 on: »
Please tell us that the driver has not been identified, inadvertently or otherwise. A Notice to Hirer (NtH) is a "Golden Ticket" as long as the drivers identity is not disclosed. I will bet £100 that the NtH did not include the necessary copies of the documents proscribed in paragraph 13 of PoFA.

So, what precisely did you put in your initial appeal to UKPC? Please do not paraphrase. We need to know the exact wording and whether you selected any option that identifies you, the Hirer, as the driver.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Ukpc westway cross retail park fine for 32 second overstay
« Reply #3 on: »
Hi thanks for the reply.

My appeal was

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.
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Re: Ukpc westway cross retail park fine for 32 second overstay
« Reply #4 on: »
But you are not the Keeper of the vehicle. You are the Hirer.

What you should have said in your appeal is the you were the Hirer and because UKPC have failed to fully comply with all the requirements of PoFA, they can only hold the driver liable and you are under no legal obligation to identify the driver. End of.

At least the driver has not been identified. You should make a simple POPLA appeal (only as the Hirer) as follows:

Quote
POPLA Appeal – UKPC Parking Charge Notice [insert PCN number]

Appellant: The Hirer of the vehicle

I am the Hirer of the vehicle in question. I am appealing as the Hirer.

This charge is unenforceable against me. UK Parking Control Ltd is attempting to transfer liability under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), but they have failed to meet the statutory requirements that would allow them to do so.

1. UKPC has failed to comply with Paragraph 14 of Schedule 4 of PoFA 2012

Where a vehicle was hired at the time of the parking event, PoFA requires the operator to comply with Paragraph 14 in order to transfer liability from the keeper or vehicle-hire firm to the Hirer. This includes a strict requirement to include certain documents with the Notice to Hirer.

Specifically, Paragraph 14(2)(a) states that the operator must provide four documents:

1. A copy of the original Notice to Keeper
2. A copy of the hire agreement – as required by PoFA Paragraph 13(2)(b)
3. A copy of a statement signed by or on behalf of the vehicle-hire firm confirming the vehicle was hired to a named person – PoFA Paragraph 13(2)(a)
4. A copy of a statement of liability signed by the Hirer – PoFA Paragraph 13(2)(c), which must include:

• a statement that the Hirer accepts responsibility for any parking charges incurred, and
• a serviceable address for the Hirer

These documents are not optional. They are a statutory precondition for establishing Hirer liability under Paragraph 4 of the same Schedule.

UKPC has failed to provide all four documents listed above. In particular, the Notice to Hirer did not include:

• A copy of the hire agreement
• A copy of the Hirer’s signed statement of liability
• A copy of the original Notice to Keeper

This is a clear and fatal breach of Paragraph 14. No amount of assumptions or alternative evidence can cure this failure, because the wording of the legislation is unequivocal: these documents must be provided with the Notice to Hirer in order to hold the Hirer liable.

2. No Hirer liability exists

Since UKPC failed to provide the required documents, they cannot rely on PoFA to pursue me as Hirer. I am not liable for this charge.

There is no legal obligation on a Hirer to identify the driver, and I decline to do so.

3. Conclusion

POPLA is bound to apply the law. The operator has failed to comply with the Protection of Freedoms Act 2012, Schedule 4, Paragraphs 13 and 14. No Hirer liability can arise.

I respectfully request that the appeal be upheld and the charge cancelled.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Ukpc westway cross retail park fine for 32 second overstay
« Reply #5 on: »
Amazing thanks, is there any point adding the grace period? As I am only over by 32 seconds anyway
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Re: Ukpc westway cross retail park fine for 32 second overstay
« Reply #6 on: »
That only serves to divert from the main point, which is that the Notice to Hirer was deficient and can not hold you liable. That is sufficient reason not to pay, don’t confuse POPLA with stuff about 32 seconds or whatever, not least because 1 second is longer than allowed anyway.

These companies choose not to follow the 2012 legislation because it’s too much hassle and they know that lots of people pay up anyway. Call them out on it.
« Last Edit: March 29, 2025, 04:03:32 pm by jfollows »
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Re: Ukpc westway cross retail park fine for 32 second overstay
« Reply #7 on: »
Thanks for the help:)

The operator has contacted us and told us that they have withdrawn your appeal.

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

Kind regards

POPLA Team

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