Author Topic: UKPC - Notice to keeper - Double yellow line on road and not in car park  (Read 67 times)

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paulmc

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Hi first time poster.

My partner received this in the post today. Yes parking on a double yellow is wrong and we are not looking for any sympathy here. I have been doing this exact same drop off for over a year now, my partner does it once and it looks like the newly installed camera has got her. I have done this 5-times since between the incident and her receiving the letter, so really hoping I haven't got 5 fines coming my way!

The road is public, but according to Hampshire Highways it looks like it is not adopted, so I am guessing the developers of this large site still own it and have contracted UKPC to put enforcements in.

Just wondering if any of the following would help a successful appeal:

  • The postcode on the fine is incorrect, PO7 3BX is stated when the car is actually located at PO7 3BE, if this makes a good case? See the google screenshots below, we're the red dot, plus the school on the same road uses PO7 3BE to support that the fine's postcode is incorrect.
  • The terms and conditions (also pictured) are clearly relating to a private car park, but this is on the public road. Whether this is privately owned or not I am not sure if this wording will make a difference?

All images are here

Thanks in advance!
« Last Edit: June 17, 2024, 08:25:48 pm by paulmc »

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DWMB2

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UKPC are stubborn, and are likely to push this 'all the way', up to launching a court claim (although if they do this, they have a recurring habit of discontinuing before it reaches the courtroom). You (or whoever UKPC have written to, your partner?) would also seem to have a number of avenues of defence open to them. So, whilst we can't offer any guarantees, if you're prepared for a bit of a faff, there's a decent chance you won't have to pay anything.

Firstly, that signage appears to be forbidding. That is, it doesn't make an offer for anyone to park on certain terms, it simply prohibits any and all stopping/parking. Given that there is no offer of consideration made by UKPC, there cannot be any contract formed between the driver and UKPC. If there is no contract, then no money is owed.

Secondly, even if the signage was capable of forming a contract (which will be denied), the driver must be given the opportunity to read the terms and conditions on offer and decide if they accept or reject them - a driver would struggle to read the entirety of that sign in the space of 33 seconds. Section 13 of the British Parking Association's Code of Practice specifies as follows:

13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.

UKPC may seek to argue that 13.2 applies here depending on what actually happened during the time the car was stopped (did a passenger alight?), but even then, I think it's a credible point that 33 seconds is insufficient for it to be deemed that a 'parking event' took place.

Thirdly, even if the signage was otherwise capable of forming a contract (which, as above, will be denied), the content of it is poor - the £100 charge is hardly displayed prominently, instead being displayed in a small font amongst other text.

Fourthly, there is the point you have already made about the error with the address. If they are deemed not to have 'specified' the relevant land, then they are unable to recover the charge from the registered keeper, instead only being able to pursue the driver (who they do not know), as they will be deemed not to have complied with the requirements of Schedule 4 of the Protection of Freedoms Act (2012) - there's a link to it in my signature.

b789

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Yes parking on a double yellow is wrong and we are not looking for any sympathy here.
You won’t get any sympathy because you are wrong. Go and study the Highway Code again. Whilst this is a matter of a stopping on private land, where the Highway Code does not apply, double yellow lines (DYL), on the public highway do not mean that you cannot stop to load or unload goods or passengers. The only time that it would be restricted if the DYLs also had single or double blips on the kerb.

As this occurred on private land, they could paint blue lines or green lines or rainbow lines. The rules are made up by the operator. As already pointed out, the terms are forbidding so no contract to park or stop or anything can have been formed.

As this is a UKPC PCN, nothing you do or say is likely to prevent this going all the way to a county court claim. However, it is extremely likely that, as long as you do not waver and follow the advice, that this will end with a discontinuation before it ever gets to a hearing.

UKPC are hoping that you are low-hanging fruit on the gullible tree and will capitulate once they start sending debt collector letters and the issue a claim. Everyone that I and others have assisted that follow the advice and do not capitulate have seen them discontinue just before they have to pay the hearing fee. They rely on the ignorance of most people about the civil legal process to either give in or simply ignore or not follow the correct procedures to obtain a CCJ by default.
Never argue with an idiot. They will drag you down to their level and then beat you with experience. - Mark Twain.