Author Topic: UKCPS Leeds Station - Notice to Keeper (Postal-PoFA) - no recollection of stopping  (Read 345 times)

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I joined here today, read some past cases and advice given to parking charge notices issued by UKCPS at Leeds train station.  It is an excellent source of info of how to progress.

I will post here the photos of the letter I received but please bear with me, I need assistance to do this so it will take a few days to do it. Looking at those already provided on here, it is an identical letter for this location, Leeds Station.

From the info I have cobbled together a letter to appeal to UKCPS.  I have cut down the detail as advised. I have also followed a more concise reply to them as found on here (see below).  I did try and thank those who I took info from by using the emojis, but as a first-time user of this site I am not sure I did it properly because the site said "loading" and I'm not sure if the emoji messages were sent... I am grateful for the help you gave to previous cases.

One thing, most of the cases at Leeds Station involve drivers stopping for a very short space of time for passengers to alight.  The driver of this case has a different set of circumstances which I will list here in case there has to be a change to the wording at this stage or the next stage (appeal to the IPS which will also be rejected probably) which will come along soon enough when UKCPS rejects my appeal.

THIS CASE:

We cannot tell from the picture provided where the contravention of stopping is supposed to have happened. 

The driver had left the station's multi storey car park where they had paid for parking for a few hours and was driving away when the photo was taken.  The driver has no recollection of stopping for a purpose. 

The driver believes they did not stop.  If they did stop it was for something very inconsequential and for a very short space of time. Most certainly the car doors were not opened and the engine was not switched off.  The photo provided shows the car has its lights on. 

The driver recalls leaving the car park without any different circumstances, probably following other cars, with pedestrians around and just driving onwards in the flow of traffic. Or, perhaps the car stalled. The driver has checked their phone and text logs and confirms there was no need to pull over to use their mobile.

EDIT: the time frame of stopping is 6 seconds.  Let's all laugh LOUDLY.

Questions:

1. EDIT: the UPCPS web link now works and the timescale is now confirmed to be 6 SECONDS DURATION!!
Should I mention 6 seconds in my appeal to UKCPS?
INITIAL QUESTION: The link provided in the letter does not work so I cannot see additional information on the duration of the time stopped. I assume this is where this information should be because other users have mentioned it and it is not stated in the letter (only the time of the stop). Obviously this information is important to have. How do I deal with this missing information? Presumably it will be for a few seconds.

2. For the IPS when that comes next: 
If we provide information that we had parked in the multi storey car park, can UKCPS identify the driver through the time of departure from multi story car park and the electronic method of payment used?  This could be risky information?

3. I had initially thought it helped to prove that the driver had parked legally and paid in the multi storey, then when the driver left they were driving a short distance through ‘presumably’ railway land to the public road and the car did not stop unless it had to through flow of traffic or pedestrians crossing. Or perhaps the car stalled.  However, it may need careful consideration about divulging it and only necessary at CCJ?

Defence at CCJ if it reaches that point:
4. How can the driver make a defence if they have no memory of stopping?
Will the duration of the stop provide the evidence that the stop was not illegal? As I mentioned above I do not yet have this information because the link in the letter does not work.
is the defence affected because the driver has no explanation?

Thanks for your help! 

It's Christmas Eve and I must do some things, then I will return and I will post the appeal to UKCPS I have done.

In the next few days I will upload the letter from UKCPS
« Last Edit: December 24, 2025, 05:21:25 pm by Snapp1e »

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You will have seen from your research that it’s not “relevant land” as defined for PoFA 2012, and therefore the liability can’t be transferred from the unknown driver to you, the registered keeper.
Don’t identify the driver and appeal accordingly.
The appeal, although correct, will be rejected “after careful consideration” because it’s what they do.
No matter. You continue with advice here and eventually they’ll give up.

Since your initial appeal will be rejected anyway, don’t go overboard with it. Search the forum for sample appeals from the same location.
« Last Edit: December 24, 2025, 05:07:28 pm by jfollows »
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hi jfollows and thank you,

I have edited my post because their web link is working now.

6 seconds is the time of stopping.  6 seconds. 

Should I mention 6 seconds in my short reply to them if only to ridicule them?

The letter of parking charge from UKCPS for Leeds Station does not provide an email address.
I would prefer to send in the appeal by email.
The only contacts given for appeals are by post and via their website.
Are all Keepers having to send in the appeal via the UKCPS website?  Does it have tracking?

The letter does not include an email address anywhere for anything.

Thanks!

Stop!!!!! Do not appeal anything until you have shown us the Notice to Keeper (NtK), both sides. We need to see the EXAXT wording they have used to describe the alleged contravention. We also need to establish exactly where the alleged contravention took place because the multi-storey car park at Leeds Station is relevant land but the station itself is not.

If they are alleging that the driver breach a contractual sign that forbids stopping, then they ar lying because a forbidding sign cannot for a contract with the driver. There are many elements to this that we do not yet know. So, before you do anything else, post photos of the NtK and if possible any supposed evidential photos they may have included on their website.

READ THIS FIRST - Private Parking Charges Forum guide

Posting Images
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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thank you b789, I appreciate your speed of reply and your knowledge!

Nobody has replied about the possibility of UKCPS identifying a driver thru the electronic payment method used when departing from the multi storey car park.  Can this happen?  If it can happen, how can the driver be safe by me putting all the info on here?

Once info has been confirmed about identity, I will read up on how to upload all the photos, their 2 page letter and my draft reply.
I will do this within the next few days, or maybe tomorrow if I get some help sooner. 
I won't send my reply till I hear back on here.
 
I know I have to submit within 28 days of the day after the notice is given.  I think that means the day after the alleged incident happened? Or does it mean the day after the date of their letter?  Either way I have enough time over the next few days.

For clarity, the letter does not state any detail except No stopping. It does not mention the multi storey carpark. I mentioned it because the location of stopping is different from the majority of cases on here because it is not at the station door.  From the photos you might recognise where the vehicle stopped for 6 seconds.

If a car stalls and the engine loses functioning, I don't see how that is seen as purposeful stopping and I assume the CCJ would view this too if it reaches that point.

Unless you want this to escalate, DO NOT post anything to the parking company until we've seen all the paperwork. I don't see how a parking company could identify a driver through paying at a cash machine. a passenger in the car could be paying for the parking.

Don't panic, it's Christmas and some of us may not want to look in here this time.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.
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The ONLY way an unregulated private parking firm can identify the driver is if the Keeper tells them. There is absolutely no other way for them to identify the driver.

Even if they had a close up HD photo of the driver, there is no way they can identify the person. There is no magical unicorn database they can input an image and out will spit the persons identity.

The only identity they have is the Keepers. They got that from the DVLA. There is absolutely no presumption in law that the Keeper is also the driver. Anyone with third party insurance cover can drive the car, not just named drivers covered under a comprehensive policy. Anyway, these bottom-dwelling private firms  have no powers to check who is on an insurance policy.

So, the absolutely ONLY thing you need to do as Keeper is to NOT identify the driver. No "I did this or that", only "the driver did this or that". The ONLY way they can transfer liability from the unidentified driver to the known Keeper is if the NtK is 100% compliant with ALL the requirements of PoFA 2012 and the location is land that is "relevant" to the Act.

This is why it is important to establish exactly where they claim the vehicle "stopped". If it is on railway property, then until 26th December, it is NOT relevant land and they cannot rely on the provisions of PoFA.
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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That's good to know thank you.  I was not in the car, I am sorting this out as the registered keeper and it was initially difficult because the driver had no recollection of stopping and also the link to the photo evidence did not initially available to help the driver remember.
 
Now that I have seen the photo evidence, it has not helped the driver to remember because the stop was for a few seconds. It's good to know that the driver doesn't need to remember anything more to help me appeal this case. And it's true to say that the driver did have a passenger and I am not sure who paid for the parking. 

I will upload the info hopefully tomorrow so that I can get advice on here before replying to UKCPS. Thanks again.

you show us the NtK and the evidential photos, we can help identify whether the alleged contravention was on relevant land or not.

If you need an initial appeal, the just use the following. Almost no initial appeal is ever upheld so don't waste any effort on it.

Quote
I am the registered keeper. UKCPS cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control (until 26 December 2025). As a matter of fact and law, UKCPS will be well aware that they cannot use the PoFA provisions because Leeds Stationt is not 'relevant land'.

If Leeds Station wanted to hold owners or keepers liable under Railway Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because UKCPS is not the station owner and your 'parking charge' is not and never attempts to be a penalty. It is created for UKCPS’s own profit (as opposed to a bylaws penalty that goes to the public purse) and UKCPS 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. UKCPS have no hope should you try to litigate, so you are urged to save us both a complete waste of time and cancel the PCN.
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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Hello!
I have got sorted out and got the photos on ibb and can now share them with you.  If you have the time to have a little look I would appreciate it. 

The time of stopping is 5 seconds, I did my maths wrong the other day when I said 6 seconds, hahaha.  Presumably the engine stalled, this is backed up by the vehicle's lights being on then in the last photo the lights are switched off.

Please check the location for me, they give a nice shot of the entire road.

Thank you.

I'm going to add 6 photos:
4 = of the vehicle
2 = side a and b of the charge letter

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« Last Edit: December 27, 2025, 06:46:24 am by Snapp1e »

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« Last Edit: December 27, 2025, 06:46:42 am by Snapp1e »