Author Topic: UKPC issued parking fine - will probably reject appeal because of no permit  (Read 761 times)

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Good morning.

I have received 2x parking fines from UKPC stating that I have overstayed. Our houses unfortunately right in front of a parking lot controlled by UKPC. We have lived here for 6 years and have always had 2 vehicles. One vehicle is always parked in our owned parking space, and the other is parked in the parking lot. I have never received a parking fine from UKPC until 2 came through the door recently.

Normally the second vehicle is parked in the spaces closer to our house, but because of the school rush in the morning, it had to be parked in the spaces opposite. This is when I received the 2 parking fines, because the vehicle didn’t move for a few days.

This is the parking lot:
https://imgur.com/a/Ch10v70
The yellow marking is our owned spaces, not controlled by anybody.

The blue markings are the spaces controlled by UKPC. Normally the vehicle is parked to the left of the top blue line, however in this incident the vehicle was parked to the left of the bottom blue line.

The green marking is an area that belongs to other houses, we cannot park there.

This is the sign that is hung around the car park:
https://imgur.com/a/IAjVhYL

This is the first letter I received:
https://imgur.com/a/CIpeX5S

I appealed this letter stating that I am not a visitor, I am a resident and they sent another letter (I can’t find it currently) asking for proof that I was in fact a resident, which I sent 2 utility bills.

They then replied with this letter:
https://imgur.com/a/g9XvSIt

They have asked for proof of a parking permit. I had no idea where to even get a permit. I phoned the council and they said that permits were nothing to do with them. It doesn’t state on the signage where to get these permits either.

This was my reply:
https://imgur.com/a/HWAOSVD

Hopefully I have given a good enough description. If not, I can answer any questions further.

Thanks

AMENDMENT:

Please find the other charge notice that I didn’t add earlier:
https://imgur.com/a/NBuf7oL

When I appealed the first time, I stated that I was not a visitor as the sign stated, I was a resident and therefore did not come under their visitor clause. I also stated that I had parked there for 6 years with no problems, until now, and that I had spoken with the council who had said that they don’t issue parking permits for our area.

This was their reply to both appeals (I wrote the same in the appeal box for both charges):
https://imgur.com/a/zMCM8zI
https://imgur.com/a/QRFZA6e

This is when they responded by asking for proof of the residential permit.

I own the property so I can have a look at the deeds and update later.
« Last Edit: July 01, 2024, 09:21:29 pm by MenteEtManu »

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I note mention of you being a resident - what does your lease say about parking? This is often of importance in residential cases - you should show us the exact wording of any relevant clauses, don't summarise them.

You also mention 2 charges, but have only shown us correspondence for one. For each charge we need to see:
  • The PCN
  • The exact text of any appeal submitted
  • Their response

So that you are going into this process with your eyes open, UKPC are stubborn, and are likely to push this all the way to issuing a court claim. However, a pattern has emerged in recent years whereby they often pull out at the last minute if a claim is defended. We cannot guarantee this will happen, as prior conduct isn't a reliable indicator of future conduct, but it's the way they've been operating for a while: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Thanks for your reply. I have added an amendment at the bottom of my text with most of the things you asked for. Unfortunately I haven’t got the exact details of my first appeal as I stupidly didn’t screenshot it.

I own the property so I’d need to have a look at the deeds or title plan. 

I own the property so I’d need to have a look at the deeds or title plan.
Freehold or leasehold?

It’s freehold

You could do with establishing what (if any) rights you have to use the land on which the car was parked.

I’ve asked the council about parking here and their answer is that they haven’t adopted the roads around here yet. Therefore, it’s nothing to do with them.

Apart from reading the deeds and title plan, are there any other avenues I can take to find out?

Thanks

So, if I'm understanding this correctly, you weren't parked on the land you own, but were parked on a street which isn't adopted by the council. Is there any particular reason why you would have some sort of right to park there? Who manages the street? I.e. who would have contracted UKPC to manage parking?

Yes that’s correct, the car park (in blue) isn’t my land. I’m not entirely sure who would’ve contracted UKPC. Across from my house (bottom of the car park picture) there are some shops, Co-Op, 2x charity shops, 3x fast food places.

As far as I’m aware, any problems on the estate are corrected by the developers. I believe that’s Persimmon.

I have no legitimate claim to park there apart from only having 1 owned parking space and 2 vehicles (because we both work), and there is literally nowhere else to park on the estate because it’s already rammed with far too many vehicles. I have parked here for 6 years with no issues until these 2 charges came through, and for some reason if we park on the top blue line on the left, they don’t seem to give us these charges. I just happened to be parked on the bottom blue line because I couldn’t park anywhere else.