UKPC - Free Retail Park - disabled badge not displayed

Hi,

My mum and Auntie went to our local Marks & Spencer after a hospital appointment for a cancer diagnosis. They both made purchases at the store and still have the receipts to prove it.

They each have valid disabled badges, but on this occasion my mum had just been told that her cancer has progressed to the terminal stage. They were understandably overwhelmed and went for a coffee in the store, forgetting to place the badge in the car window.

This shopping trip is part of their weekly routine. Despite this, they have now received a Notice to Keeper.

What’s the best way to proceed with this situation?

Thanks,
M

Please show us the Notice to Keeper (NtK). Only redact the Keepers personal details and the PCN number. Make sure tha all dates and time remain visible. The following link explains how to host images of the NtK (both sides please):

READ THIS FIRST - Private Parking Charges Forum guide

how do i attached scan, cant find an option

Please use a free hosting site such as Imgur.com

https://imgur.com/a/lYiruzL


Hopefully this works

The Notice to Keeper (NtK) is not fully compliant with PoFA 2012 para 9(2)(a) because it does not state a period of parking. A single timestamp is not a 'period' of parking. Also, there is no evidence that a contract was formed with the driver without a period of parking.

What this means is that UKPC cannot transfer any liability from the driver, if they do not know who that is, to the registered keeper. Even if they know who the driver was, they cannot evidence that a contract was formed unless they can show that it was parked for longer than the minimum 5 minute consideration period.

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:

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. UKPC 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. UKPC have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

It is as rare as hens teeth that a greedy unregulated private parking firm will ever accept an initial appeal, so when you receive the rejection, come back and we will assist with a POPLA appeal.

DO NOT pay UKPC. If you follow our advice, you will not be paying a penny to UKPC.

Excellent thank you, just had one of my own dropped for this form advice 4 days before court evidence was due so its working well.

Many thanks
M

Only the named Keeper can make the appeal. You can do it for them but it must only be in their name.

Yes I did that with my email, that will work ok ?

Whose email you use is irrelevant. Just make sure you don't go "I am appealing on behalf of the keeper...". Appeal as the Keeper and only refer to the driver in the third person. No "I did this or that", only "the driver did this or that".

So I got this letter today relating to this, what's next steps. Many thanks


Thank you for your recent correspondence in relation to parking charge reference *******


To assist us in making a decision regarding your appeal, please confirm the full name and address of the driver to our Appeals Department within seven
days of the date of this letter.
Schedule 4 of the Protection of Freedoms Act 2012 discusses the recovery of unpaid parking charges. It allows parking operators to hold the registered
keeper liable to pay unpaid parking charges if the operator has not been provided the name and a serviceable address of the driver.
This information may be confirmed by submitting another appeal on our website at www.ukpcappeals.co.uk, or by post to the address overleaf. Please
ensure that if writing to us by post that you include the parking charge reference number and vehicle registration.
Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received. At this stage
a POPLA verification code will be provided.
The parking charge has been placed on hold whilst under appeal and may be settled in full at the current PCN rate of £100.00.

That is their usual 'fishing expedition' letter. You can ignore it and let them respond to your appeal as submitted, their remains no obligation to provide the driver's details and you should not do so.

thank you

This has now come back saying looked at my appeal with them and they think it still stands so have issued with a code for POPLA appeal, you advised to come back when this happens for next step.

Many thanks
M

 Any advise on this one, thanks