Free Traffic Legal Advice

Hi All,
I appealed and failed. Used the below letter when I appealed.

"Dear Sir/Madam,

I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), UK Car Park Management has no reason to contact **** again regarding this PCN.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. No windscreen ticket was issued.

Furthermore, I understand you do not own the land where the PCN was issued and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge for "No Parking On Access Roads/Roadways".

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why UK Car Park Management to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that UK Car Park Management has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully"

Letter scans below:

https://ibb.co/2PzxVDR
https://ibb.co/GHmhSjY

Please advise what I should do here as I don't want a  CCJ or anything that will do damage to my credit score as I'm trying to buy a house!

Thanks in advance!

Sincerely

Who told you to write that cut and paste appeal? What is all this waffle about POPLA? UKCPM are not BPA members so POPLA is irrelevant. They are IPC members. Can you even see any mention of POPLA in their correspondence? UKCPM must have had a chuckle when they saw all that irrelevant reference to POPLA and decided that you had no idea what you were on about and rejected your appeal.

Whoever gave you advice up to now should be ignored from now on. There is no danger of a CCJ. Not even if this went all the way to court and you lost. The only way you can have a CCJ on your credit record is if you failed to pay it within 30 days of judgment.

Are you even the lessee of the vehicle? If so, did you ever receive a Notice to Hirer (NtH) from UKCPM in your name as the Lessee/Hirer? What you have shown us is irrelevant as far as anything is concerned. You must show us the original NtH you received in the Hirers name. If you only received a copy of the original Notice to Keeper (NtK) from the lease company then the lease company is still the one that is liable for the charge if the NtK is PoFA compliant.

Normally, a PCN issued to a vehicle that is hired/leased, is a "golden ticket" as long as the drivers identity is not revealed. However, it only works if the lease/hire company follow the correct procedure and transfer their liability to the lessee/hirer which then forces the PPC to issue an NtH in the lessee/hirers name. They failure of PoFA comes about because 99.999% of PPCs fail to include the necessary copies of documents from the lease/hire company with the NtH.

So, please fill in the gaps and we will be able to advise accordingly. Showing your gullibility to UKCPM by thinking that a cut and paste appeal referencing the wrong AOS membership, only fuels their desire to get you to capitulate and pay into their scam.