UKPC, single digit error, POPLA

UKPC, single digit error, POPLA
Posted by JustMe on 10 Dec, 2024 23:06
Hi all

Paid to park in a ukpc car park. Got a letter. I sent them the details of the receipt as per email. They asked for the drivers details I sent a response telling them about single digit error and BPA CoC. They emailed that they'd not heard from me and sent me popla a number. There was no date on the letter and I have been trying to put my appeal/ defence together. Now ukpc have got ZZPS to send me letters.

Any guidance here would be appreciated.

I, the registered keeper received a letter dated 01/09/2024 acting as a notice to the registered keeper. My response via the website provided evidence of full payment and the single digit error to UKPC and was submitted on 10/09/2024 but this was not responded to with a cancellation letter as warranted but with a request for the drivers details. I responded to this letter and it was acknowledged on 15/10/2024. I then received a letter from ukpc fraudulently stating that they had not received the communication they confirmed receipt of on 15/10/2024.
I contend that as the keeper, am not liable for the alleged parking charge and wish to appeal against it on the following grounds:

1)   Refusal to adhere to BPA Cde of practice to cancel parking charges owing to minor key errors.

2)   There are no entrance signs for the regular entry and signs in this car park are not prominent, clear or legible from all parking spaces.
Furthermore, there is no clear boundary of the parking site

3)   No Evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

4)   Failure to comply with the data protection 'ICO Code of Practice' applicable to ANPR (no information about SAR rights, no privacy statement, no evaluation to justify that 24/7 ANPR enforcement at this site is justified, fair and proportionate). A serious BPA CoP breach

5)   No Evidence of Period Parked – Notice to Keeper does not meet PoFA2012 requirements

6)   Vehicle Images contained in PCN: BPA Code of Practice – non-compliance

7)   The ANPR System is Neither Reliable nor Accurate

   The Signs Fail to Transparently Warn Drivers of what the ANPR Data will be used for

Any direction would be great thanks.

https://imgur.com/a/OaMwe8t

@cp8759

#1 Reply
Posted by b789 on 11 Dec, 2024 10:06
You keep mentioning that UKPC responded, asking for the drivers details. You have not told us how you responded to that request. Did you tell them who the driver was, inadvertently or otherwise?

The reason I ask, is that you refer to:

Quote
5) No Evidence of Period Parked – Notice to Keeper does not meet PoFA2012 requirements

In what context are you quoting that? PoFA non compliance only protects the Keeper of the drivers identity is unknown. If the drivers identity is known, then the driver is liable, irrespective of PoFA.

UKPC signs never comply with the BPA CoP (or the new SCoP) requirements. Neither do they comply with the CRA 2015 to be able to form a valid contract.

Either way, no one who is here receiving advice pays a penny to UKPC. However, that is because this will likely progress to litigation through DCB Legal and, when defended, will in due course, lead to a discontinuation.

#2 Reply
Posted by JustMe on 11 Dec, 2024 17:57
Apologies, yes I have forgotten to include the details of my responses to UKPC

Upon receipt of the first letter in forming of the parking charge, I saw that there was one digit difference and I contacted them on their website so I don't have a copy of what I sent to them. I pointed out to them that they had been parking for an entire day and I said that I highly doubt there was another vehicle scene making same model with only one digit difference that part for the exact same period of time and then I just gave them the reference number for the paid parking I did not state who was driving.

I wish I could take credit for the next letter that was written but I had help with that one and have attached the letter that I sent in response to them requesting the driver's details. Even if I had not recollected whether or not I have said something regarding the driver/ who was driving, the mere fact that the next thing they asked me was who was the driver indicates that I did not indicate to them who the driver was.

Hope that makes sense

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