Author Topic: UKCPS- issued for parking on Private land  (Read 947 times)

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UKCPS- issued for parking on Private land
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Hello, was sent over here from reddit so grateful for any advice.

We have just received a UKCPS parking ticket for the ususal payment of £100 or £60 now.

This occurred outside a nandos in Headingly, Leeds which I have now found out is infamous for this.

All the parking outside the Nando's is all private land partly related to a GP surgery next door. Not knowing this the car was driven to the car park and parked into a space. On getting out of the car- the driver spotted that the car park was private upon getting out to look at the sign. Another car park was just across the street so the driver went across to look at this but found that the private there was all reserved for businesses and members.

The ticket has been issued as 'driver observed leaving the site' but the driver would have returned to the car and then driven out of the parking space after at most 2 minutes.

The camera which demonstrates the driver leaving the site would also have shown the driver returning, the car leaving and the entire family returning to the Nandos on foot about 10 minutes later.

I wanted to write the above as part of the appeal but I have read that the UKCPS process for appeal can be quite tricky and wanted to seek some advice on this.

Thank you for your help

I've attached the letter itself


Link to the car park in google maps- https://maps.app.goo.gl/oann9wHnbMiCtgmeA

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Re: UKCPS- issued for parking on Private land
« Reply #1 on: »
Show us both sides of the Notice to Keeper (NtK), only redacting your personal info, the PCN number and the VRM. Leave all dates and times visible. What other photos do they have on their website? We need to know the timespan of the photos.

tHe evidence on the NtK does not show the driver leaving the site. Also, if the evidential photos do not cover at least 5 minutes then there is no breach of contract because there is a minimum 5 minutes consideration time.

It is all a big scam and you are now a victim. However, anyone on here receiving our advice and following it, does not pay a penny to these scammers.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UKCPS- issued for parking on Private land
« Reply #2 on: »
Thanks for the reply and thats good to know about the 5 minute consideration time as I wasn;'t sure if tehre was any kind of consideration time for private land that isn't managed by a ticket machine.

Attached the pics and the letter below.

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« Last Edit: February 23, 2025, 05:39:34 pm by PMR55555 »

Re: UKCPS- issued for parking on Private land
« Reply #3 on: »
But we still don't know the date the PCN was issued. The date of the alleged contravention is the 10the February. Your photo of the front the NtK has obscured the actual stated date of issue. Ignore the "issue date" where it says 10th February. That is not true. A Parking Charge Notice (PCN) issued as a postal Notice to Keeper (NtK) cannot be issued on the same day as the alleged contravention. The operator is required to manually check the ANOR or CCTV images for the correct VRM, apply to the DVLA for the Keeper details and they DVLA will not respond on the same day. Once they have received the Keepers details, then then "issue" the PCN and it has to then be generated and put into the postal system.

So, what is the date that the PCN was generated or issued?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UKCPS- issued for parking on Private land
« Reply #4 on: »
Sorry for that. The letter was issued on 14th Feb 2025.
That is the only other date on the letter apart from 10/02

Re: UKCPS- issued for parking on Private land
« Reply #5 on: »
You can appeal with the following but don't hold your breath for a positive outcome. You are dealing with an ex-clamper member of the IPC. This will eventually be won when they issue a claim and it is defended with our assistance. It will never reach a hearing as it will be either struck out or discontinued.

Quote
I am the registered keeper of the vehicle referenced in your Notice to Keeper (NtK), and I am formally disputing your purported 'parking charge'. I deny any liability or contractual agreement, and I will be raising a complaint about your predatory practices with your client, the landowner.

1. Your NtK Fails to Comply with PoFA 2012 – No Keeper Liability

Your NtK does not comply with the Protection of Freedoms Act 2012 (PoFA) and therefore you cannot hold me, as the registered keeper, liable. PoFA 9(2)(a) explicitly requires that the NtK must specify the period of parking. Your NtK only states a single moment in time rather than a defined parking period.

This was confirmed in Brennan v Premier Parking Solutions (2023) [H6DP632H], where the court held that failing to specify a parking period renders PoFA unenforceable against a keeper. Since you have not complied with PoFA, you cannot transfer liability to me. No inference or assumption may be made about the identity of the driver, and I have no obligation to name them.

2. Non-Compliance with the BPA/IPC Private Parking Single Code of Practice (PPSCoP) – No Contract Formed

The BPA/IPC Private Parking Single Code of Practice (PPSCoP) Section 5.1 requires operators to allow a minimum 5-minute consideration period for drivers to review the terms and conditions before deciding whether to stay.

Your NtK alleges “Driver – Observed Leaving Site,” but you have provided no evidence that the driver exceeded this mandatory consideration period. The driver was merely reading the signage and promptly left. The burden of proof is on you to demonstrate otherwise, and I put you to strict proof that the vehicle remained beyond this 5-minute allowance.

3. No Further Engagement

As for the IAS, they are well known to be a waste of time. They are a kangaroo court and their biased decision, should the PCN not be cancelled at this appeal, will not be binding and so won't be engaged with. Debt collectors are powerless time wasters and as they are not a party to any contract allegedly breached by the driver, they cannot do anything and will be ignored.

• I will not respond to debt recovery letters.

• I will not entertain IAS as it is demonstrably biased in favour of operators.

• If you proceed with a claim, I will robustly defend it in court, where you will have to justify your predatory and baseless charge in front of a judge.

• You will be wasting your money paying for claims fees, hearing fees, and legal costs, only to have your case torn apart for failing to comply with PoFA and the PPSCoP.

Cancel the PCN

Given the above, I strongly suggest you cancel this charge now rather than waste your resources pursuing an unwinnable claim.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UKCPS- issued for parking on Private land
« Reply #6 on: »
Thanks for that. Will send that through for the appeal and see how things go.
Is there any benefit to appeal to the private business that the parking space is linked too? Think its a GP surgery so seems a bit daft for them to have this strict an enforcement.

Re: UKCPS- issued for parking on Private land
« Reply #7 on: »
Is there any benefit to appeal to the private business that the parking space is linked too? Think its a GP surgery so seems a bit daft for them to have this strict an enforcement.

Of course you do that. Plan A should always be to complain to the landowner or their agent who contracted these vermin in the first place. It is assumed that that is the logical first step anyone would take.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: UKCPS- issued for parking on Private land
« Reply #8 on: »
Ok, well I'm working on that side of things.
In the meantime I've attached the reply to the appeal which as you said has been rejected.
Appreciate any advice on next steps.

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« Last Edit: February 28, 2025, 03:55:11 pm by PMR55555 »

Re: UKCPS- issued for parking on Private land
« Reply #9 on: »
As they are an IPC member, a secondary appeal to the IAS will be an exercise in futility. Ignore everything from them from now on unless it is a Letter of Claim (LoC). Any debt recovery letters can be safely ignored or shredded to make hamster bedding. The Debt Recovery Agents (DRAs) are powerless to do anything as they are not a party to any contract allegedly breached by the driver.

Never, ever communicate with a powerless DRA. Their sole function is to get the low-hanging fruit on the gullible tree to pay up out of ignorance and fear. Simply ignore them.

If/when you receive an LoC, come back and we will advise on how to proceed. No one who is her receiving advice pays a penny to the likes of UKCPS.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain