Author Topic: UKCPS Ltd PCN – Driver Observed Leaving Site – Bentley Bridge Leisure Park, Wolverhampton  (Read 2003 times)

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Hi, looking for some advice please.

Upon entering the Bentley Bridge car park, the driver found a space, parked up, and went for a appointment nearby. They then went to the Aldi on the site and left before the 3hr parking window was up.

On 4th August, the registered keeper received a PCN through the post dated 30th July 2025 claiming that on the 28th July the driver was observed leaving the site and is therefore liable to pay a Parking Charge of £100 within 28 days.

Car park on Google Maps - The sign photo I have is the low res one below taken by someone from UKCPS (below).

Pics of NTK:



Download of photos from the UKCPS website:








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“This charge relates to the period of parking specified above” it says, but there is no period of parking.
The whole thing about leaving the site is unenforceable anyway.
Don’t identify the driver (you haven’t) and someone will likely be along soon with words for your appeal.
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It's a joke, isn't it? And their evidence to back up their allegation? Also, as their Notice to Keeper (NtK) is not PoFA compliant, they cannot hold the Keeper liable, only the driver, who is unknown to them.

Easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
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. 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 and litigate this, 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

Thanks very much, have submitted the appeal and will report back on the outcome.

It will be rejected. No initial appeal is ever accepted by any unregulated private parking firm. The point of this appeal is to put them on notice that they are not dealing with low-hanging fruit on the gullible tree who will simply pay up out of ignorance and fear.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Odd that they've not taken a picture of the driver in the car entering the car park or a picture of the driver leaving the car park, presumably on foot.
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.

They never do. Even if they did, how do they identify the person in the photo? They can't!
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

'It will be rejected. No initial appeal is ever accepted by any unregulated private parking firm. ' which unless the BPA are lying through their teeth is fundamentally not true. In 2024 52% of initial appeals were granted by BPA members. However the PCN in this case is fundamentally flawed and the point of not knowing who the person leaving site actually is and confirming they are the driver, assuming there is actually a photo, is a very good one.

'It will be rejected. No initial appeal is ever accepted by any unregulated private parking firm. ' which unless the BPA are lying through their teeth is fundamentally not true. In 2024 52% of initial appeals were granted by BPA members.

The BPA are quite adept at distorting the facts to suit their own version of the 'truth'. I challenge anyone to go through this and other forums and show us where anything approaching even 1% of initial appeals are upheld. For all intents and purposes, I stand by the statement that no initial appeal is ever accepted by any unregulated private parking firm, is fundamentally true.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

I wouldn't be surprised if 'successful appeals' in that context included landowners instructing cancellations, but I acknowledge that is speculation on my part.

Let's remain focused on the task in hand folks, which is supporting the OP with their case.

Hi again all, thanks for your help with the appeal text, and interesting discussion on this case and appeals. Received this back from UKCPS. I assume the next step is a fruitless appeal to the IAS? (Interesting that the same images of the car have been included, plus some extra images of the site and signs, but none of any potential driver or passengers).

Any assistance with what to put would be very much appreciated.









Just checking what my next steps should be re the appeal rejection above? Appreciate any help I can get. Thanks

Just use this generic IAS appeal:

Generic IAS appeal

Quote
I am the registered keeper of the vehicle. I deny any liability for this parking charge and appeal in full.

The parking operator bears the burden of proof. It must establish that a contravention occurred, that a valid contract was formed between the operator and the driver, and that it has lawful authority to operate and issue Parking Charge Notices (PCNs) in its own name. I therefore require the operator to provide the following:

1. Strict proof of clear, prominent, and adequate signage that was in place on the date in question, at the exact location of the alleged contravention. This must include a detailed site plan showing the placement of each sign and legible images of the signs in situ. The operator must demonstrate that signage was visible, legible, and compliant with the IPC Code of Practice that was valid at the time of the alleged contravention, including requirements relating to font size, positioning, and the communication of key terms.

2. Strict proof of a valid, contemporaneous contract or lease flowing from the landowner that authorises the operator to manage parking, issue PCNs, and pursue legal action in its own name. I refer the operator and the IAS assessor to Section 14 of the PPSCoP (Relationship with Landowner), which clearly sets out mandatory minimum requirements that must be evidenced before any parking charge may be issued on controlled land.

In particular, Section 14.1(a)–(j) requires the operator to have in place written confirmation from the landowner which includes:

• the identity of the landowner,
• a boundary map of the land to be managed,
• applicable byelaws,
• the duration and scope of authority granted,
• detailed parking terms and conditions including any specific permissions or exemptions,
• the means of issuing PCNs,
• responsibility for obtaining planning and advertising consents,
• and the operator’s obligations and appeal procedure under the Code.

These requirements are not optional. They are a condition precedent to issuing a PCN and bringing any associated action. Accordingly, I put the operator to strict proof of compliance with the entirety of Section 14 of the PPSCoP. Any document that contains redactions must not obscure the above conditions. The document must also be dated and signed by identifiable persons, with evidence of their authority to act on behalf of the parties to the agreement. The operator must provide an agreement showing clear authorisation from the landowner for this specific site.

3. Strict proof that the enforcement mechanism (e.g. ANPR or manual patrol) is reliable, synchronised, maintained, and calibrated regularly. The operator must prove the vehicle was present for the full duration alleged and not simply momentarily on site, potentially within a permitted consideration or grace period as defined by the PPSCoP.

4. Strict proof that the Notice to Keeper complies with the Protection of Freedoms Act 2012 (PoFA), if the operator is attempting to rely on keeper liability. Any failure to comply with the mandatory wording or timelines in Schedule 4 of PoFA renders keeper liability unenforceable.

5. Strict proof that the NtK was posted in time for it to have been given within the relevant period. The PPSCoP section 8.1.2(d) Note 2 requires that the operator must retain a record of the date of posting of a notice, not simply of that notice having been generated (e.g. the date that any third-party Mail Consolidator actually put it in the postal system.)

6. The IAS claims that its assessors are “qualified solicitors or barristers.” Yet there is no way to verify this. Decisions are unsigned, anonymised, and unpublished. There is no transparency, no register of assessors, and no way for a motorist to assess the legal credibility of the individual supposedly adjudicating their appeal. If the person reading this really is legally qualified, they will know that without strict proof of landowner authority (VCS v HMRC [2013] EWCA Civ 186), no claim can succeed. They will also know that clear and prominent signage is a prerequisite for contract formation (ParkingEye v Beavis [2015] UKSC 67), and that keeper liability under PoFA is only available where strict statutory conditions are met.

If the assessor chooses to overlook these legal requirements and accept vague assertions or redacted documents from the operator, that will speak for itself—and lend further weight to the growing concern that this appeals service is neither independent nor genuinely legally qualified.

In short, I dispute this charge in its entirety and require full evidence of compliance with the law, industry codes of practice, and basic contractual principles.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Hi

Thanks again for the help and advice, just following up, got this back from the IAS (which I understand is a rare positive outcome?).

----------

Dear x,
Thank you for your appeal. Due to further information UKCPS Ltd has confirmed they will no longer be pursuing the matter and the parking charge has been cancelled.

Parking Charge Number (PCN): xxxxx
Vehicle Registration: xxxxx

Date Issued:

Yours Sincerely,
The Independent Appeals Service

Independent Appeals Service
The IPC, PO Box 662, Macclesfield, SK10
9NR
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Good news, thanks for telling us.
It looks like UKCPS play the odds, they reject valid appeals but if then they see a robust appeal to the IAS they realise they’re ultimately going to lose so they cut their losses.
At the end of the day it’s only about money to them, and once they see they’re going to have to spend more pursuing their victims, they work out that it’s better to give up.