Author Topic: UKPC - Not parked correctly within the markings - Colindale Retail Park, London  (Read 83 times)

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Boxxer

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I was at Inflata Nation to pick up the child after a birthday party last Sunday just before 12pm. All the parking spaces were occupied at the time with the parents so I have stopped at a empty space for 5mins just to get my child out. Then I've received the NTK yesterday.

Any chances I can fight with this one. Much appreciate any help in advance.

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b789

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If you're happy to fight this, it is 99% sure to end up being a discontinuation. There is a chance that it could be cancelled at POPLA stage but even if it isn't, UKPC will not put it in front of a judge if it is robustly defended.

There is a technical flaw in the NtK in that there is no "period" of parking mentioned as required if they intend to rely on PoFA to hold the keeper liable. PoFA 9(2)(a) States that the notice must specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates. It doesn't.

Also, the photos have had the time stamp added after the fact. This can be seen in the photo on the NtK has no time stamp but the same photo on file does. Either that or they have cropped (altered) the photo in the NtK. That is a breach of the BPA Code of Practice (CoP) section 21.5a(b). Photographic evidence must not be used as the basis for issuing a parking charge unless the images bear an accurate time and date stamp applied at the point the picture was taken.

Additionally, it says: "You must not digitally or by other means alter images used as photographic evidence other than:

e) to blur faces or the VRMs of other vehicles in the image in accordance with your GDPR obligations; or
f) to enhance the image of the VRM for clarity, but not to alter the letters and numbers displayed.

It is obvious that they have either added the time stamp after the fact or edited the photo on the NtK. Both those facts are breaches of the BPA CoP and mean that the PCN has not been issued correctly.

POPLA will not consider any mitigation. It will only consider breach of law or the BPA CoP. The NtK does not fully comply with the requirements of PoFA (the law) and UKPC have breached their own ATA CoP. In POPLA appeal 2413353469, assessor Gayle Stanton allowed the appeal and stated the following:

"I have reviewed the copy of the NTK provided by the operator and I am not satisfied that the images of the vehicle number plate on the NTK are compliant with Section 21.5a of the BPA Code of Practice.
These images are not date stamped and after seeing the full images in the case file they appear to have been digitally altered or cropped to fit on the NTK. This is especially apparent on the colour image on the NTK."

UKPC signs are notoriously bad and consistently fail to adequately notify the driver of the charge. Their signs are cluttered and poorly worded. That alone has often been a winner at POPLA and of the very few that ever get as far as a hearing in front of a judge, are won on the fact that their signs fail to make a contract between UKPC and the driver. One more reason why they really don't want this to get in front of a judge as they have often been spanked over this issue.

There are other points but more than enough to be getting on with. You won't be paying a penny to UKPC and there is no danger of a CCJ. You may have to weather some nasty sounding debt collector letters but they can be safely ignored. Debt collectors are not a party to the contract allegedly breached by the driver with UKPC. Use their letters as kindling or line the bottom of cat litter tray.

Have you tried Plan A yet? That is asking the landowner/managing agent to get this cancelled? Plan B is to appeal to UKPC but it is most probable that they will reject, no matter what. No money in it for them if they accept appeals.

POPLA will be the next stage but a rejection at POPLA has no bearing on any further outcome. If it ever got as far as a court claim and it actually went as far as a hearing, a truly independent arbiter, a judge, would be able to see al the failures.

So, Plan A first. If that doesn't work, on or before 30th July appeal to UKPC with the following:

I appeal as the registered keeper. I am not obliged to identify the driver and decline to do so. You cannot transfer the driverís liability (if any) to me as you have not served me with a notice to keeper that fully complies with all the requirements of Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it is now too late to do so. In particular (without limitation) your notice does not contain the wording required by PoFA paragraph 9(2)(a).

Additionally, the photos you have provided as evidence on the NtK have been altered or cropped and differ from the file photos in that there is no timestamp or it has been cropped (altered). This is a breach of the BPA Code of Practice (CoP) section 21.5a.

There is no evidence that the driver was allowed a consideration period. Your photos show that your operative decided that 9 seconds was sufficient time for them to record any alleged breach of contract. There is persuasive law that says loading/unloading a vehicle (that includes goods or passengers) is not parking.

I require you to cancel the parking charge and remove my personal information from your database or, if not, then issue me with a POPLA code where I will evidence your failures to issue the PCN correctly.
« Last Edit: July 07, 2024, 12:16:45 pm by b789 »
Never argue with an idiot. They will drag you down to their level and then beat you with experience. - Mark Twain.

Boxxer

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Thanks b789 for your reply. I have tried to contact Inflata Nation but they've said they are not responsible for any parking issue, so think I will go ahead with plan B and appeal to UKPC.

After a closer inspection on the photo on the NtK, there is actually a time stamp at the very right hand bottom corner. But because its a portrait photo that has been squashed to fit into a landscape box, can I still argue the photo have been altered?


b789

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Isn't that photo evidence of the image having been cropped? UKPC are going to reject any appeal but you heed to go through the motions in order to get a POPLA code. I wouldn't waste much energy on the Plan B appeal.

When it comes to POPLA, a bit more effort can be used but again, there are no guarantees with POPLA as, ultimately, they are protecting their members interests and it has no bearing on any subsequent court claim. As already advised, defending a UKPC/DCB Legal issued claim using the robust template defence will lead, ultimately to a discontinuation.

The only problem is that it is a protracted process. They try to wear their victims down. As long as you are confident that you are right and you are prepared to take our advice and fight it, you will be OK.
Never argue with an idiot. They will drag you down to their level and then beat you with experience. - Mark Twain.
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Boxxer

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Thanks for the explanation. Yes I believed its unfair for me just to stop for a few minutes for loading a passenger and I am prepared to fight it to the end. I am going to send the appeal to UKPC with what you have suggested earlier.

Quote
I appeal as the registered keeper. I am not obliged to identify the driver and decline to do so. You cannot transfer the driverís liability (if any) to me as you have not served me with a notice to keeper that fully complies with all the requirements of Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it is now too late to do so. In particular (without limitation) your notice does not contain the wording required by PoFA paragraph 9(2)(a).

Additionally, the photos you have provided as evidence on the NtK have been altered or cropped and differ from the file photos in that there is no timestamp or it has been cropped (altered). This is a breach of the BPA Code of Practice (CoP) section 21.5a.

There is no evidence that the driver was allowed a consideration period. Your photos show that your operative decided that 9 seconds was sufficient time for them to record any alleged breach of contract. There is persuasive law that says loading/unloading a vehicle (that includes goods or passengers) is not parking.

I require you to cancel the parking charge and remove my personal information from your database or, if not, then issue me with a POPLA code where I will evidence your failures to issue the PCN correctly.
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