Author Topic: Universal Parking Enforcement, PCN, Parking on a no Parking Area, Kellys Storage LU2 9LF  (Read 1003 times)

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Happy for any advice you can give on this one, I am the keeper of the car in question.

Universal Parking Enforcement are a member of the IPC, although they are wrongly referring to them as the Independent Parking Committee. On their NtK

On a dark night, the car in question was parked in the location, while waiting to pick up a passenger on a delayed flight from nearby Luton Airport.

Location is the entrance cross over to Kellys Storage depot off the A505 – closed at the time. Please see GoogleMaps images of the location during daylight hours. The car was parked well back on the crossover outside the gates.

There is signage, unlit and hard to see in the dark, it was not observed by the driver, but that’s not the issue.

Event happened 29/08/24 – yes nearly 5 months ago

Notice dated 13/01/24  Notice received 20/01/24

The complication is that the Road is the A505 airport way, which is within the Luton Airport ByeLaw area. The boundary of which, runs up the road. The resolution of the map shown is not good so I haven’t included this here. There are double Red Lines running all along both sides of the A505 at this point, so I think we can take it that the road is within the area.

However, the area of the crossover where the car was parked was close to the gates and the lines here are double yellow – as can be seen on the GoogleMaps image. Also the PCN notice states, location “Kellys Storage” and not Luton Airport ByeLaw area etc. I suspect this area on the crossover is not in the byelaw area. I don’t know who owns it, I’d guess its council owned, as it’s outside the gates and next to the road.

Therefore, can you tell me:

Firstly the time elapsed,  its obviously way over the POFA required 14 days

Second do Kellys Storage have jurisdiction over this land outside their depot? If they do own it, I would guess this comes under trespass as there is no car parking offered

Thirdly does the ByeLaw area have any bearing on this?

Thanks for any help you can give me.



« Last Edit: January 23, 2025, 07:25:28 pm by Kellys Hero »

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There are two other threads in the first and second pages in this section of the forum covering exactly the same notice from the same place.
Don’t identify the driver whatever you do, the invoice is woeful and can not hold you - the registered keeper - to anything. Look for the other threads for the suggested response. They both include “Kelly’s Storage” in their title.

Obviously if you still feel there is something specific to your case, call it out!
« Last Edit: January 23, 2025, 08:45:50 pm by jfollows »

I did quite a lot of reading on here before I posted and I did see one thread about the same place but the circumstances seemed different.

Also here I'm interested to know about the byelaw area

So I'll search some more, and hopefully those images will come good

any other views on this?

This is the third charge we've seen in the last couple of days for this exact location - no idea why they're suddenly ploughing through their back catalogue. I wouldn't overcomplicate this - just use the template b789 suggested in the other cases, appealing only as the keeper.

yes I see the other more useful and very recent thread, wasn't there when I was reading up the other night. thanks for the help

Appeal Response received on Sunday 16/03/25

They are not cancelling the PCN,

What's my next best step? appeal to ISA?

The Appeal text previously submitted, as recommended above, stated that their NtK did not fully comply with ALL the requirements of PoFA 2012. I imagine they are seeing that response on a regular basis, and are ignoring it.....

Here's what was received, thanks for your help







« Last Edit: March 18, 2025, 09:52:50 pm by Kellys Hero »

Little point in appealing to IAS - they (almost) never uphold any appeals.

You will have to weather the storm of debt recovery letters till they get to a claim which you can then defend.

Little point in appealing to IAS - they (almost) never uphold any appeals.
I usually agree with this, but the very small number of successful IAS appeals I have seen have been non-PoFA cases where the notice was issued late. This was issued so ridiculously late that even the IAS might go for it.

If the OP is prepared to roll the dice with the IAS in the knowledge that (a) The appeal will probably be rejected, and (b) The result is not binding on them, they could submit a short and sweet IAS appeal along the lines of the below:

Quote
[NAME] (Registered Keeper) (Appellant)
-Vs-
Universal Parking Enforcement (Operator)
Vehicle Registration Mark:[VRM]
Parking Charge Notice Number: [PCN REFERENCE]

Case Overview:
I, the registered keeper (“I”/“the Appellant”) of the above vehicle (VRM: _______), received a parking charge notice via post from Universal Parking Enforcement (“the Operator”), which purported to be a Notice to Keeper. I appealed to the Operator, who acknowledged and subsequently rejected my appeal. It is my position that as the registered keeper of the vehicle I have no liability for the parking charge, and that my appeal should therefore be upheld. My appeal is on the following grounds:

1. No keeper liability: the Parking Charge Notice does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act (“PoFA”/“the Act”):
The operator does not not know the identity of the driver and is therefore seeking to recover the charge from me, the registered keeper of the vehicle. As established in the persuasive appeal case of VCS v Edward (2023) [HOKF6C9C], the Operator may not draw an inference as to who was driving on the basis of who the registered keeper is. They are therefore pursuing me as the registered keeper, and the IAS should therefore consider my lack of liability for the charge as the keeper of the vehicle.

In order to be able to recover any unpaid charges from me as the registered keeper, the operator must comply with the requirements outlined in Schedule 4 of the Protection of Freedoms Act 2012. They have failed to do so. They have failed to deliver the notice within the relevant period of 14 days beginning with the day after that on which the specified period of parking ended, as specified by 9(5) of the Act.

Date of Parking: 29/08/2024
Date of PCN issue: 13/01/2025
Date of presumed service (2 working days after issue, as per 9(6) of the Act): 15/01/2024
Elapsed time period: 139 days

The notice was sent and delivered more than 4 months after the date of the alleged parking event. As Universal Parking Enforcement have clearly not complied with the conditions of PoFA, and as there is no evidence as to who was driving, I cannot be held liable for the charge as the registered keeper, and my appeal should be upheld.
« Last Edit: March 19, 2025, 10:14:29 am by DWMB2 »
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Thanks again for your swift responses.

Before I go further down this road, I need to be sure of a couple of things.

If I make the above Appeal to the ISA on the basis of the late delivery of the NtK and that fails. Next, they send the debt collection letters, which I ignore.

Then instead of dropping it, they send me a court date etc. and go through with it. I then have to prepare a case at my expense, is the only thing I have against them, the 139 day delay?

Will that do the trick 100% or are there other errors/omissions that they have made?

Quote
Then instead of dropping it, they send me a court date etc. and go through with it.
None of that is certain. After the debt collector stage they may instruct solicitors. If they do, the vast majority of those cases turn out of be a bluff, with them eventually discontinuing before the matter goes to a hearing.

Universal Parking Enforcement aren't a company that crop up very often (they're comparatively small) so I've no idea if they're litigous.

Quote
I then have to prepare a case at my expense
The main "expense" is your time, the forum will support you with a defence if it ever gets to that.

Quote
is the only thing I have against them, the 139 day delay?

Will that do the trick 100% or are there other errors/omissions that they have made?
The delay is a good point in your favour. As the appeal sets out, it means they cannot hold you liable as the registered keeper. They can only hold the driver liable - they don't know who that is, and there is a persuasive appeal judgement saying that an inference cannot be drawn purely on the basis that the defendant is the keeper.

As for doing the trick 100%, nobody is able to offer guarantees, and nor should they, but you seem to have a decent case.

Do Universal Parking Enforcement not have to follow the rules set out in the PoFA act?

I noticed the IPC guidelines say they have to notify you within 6 months, that's a big difference to 14 days

They can pursue an alleged breach of contract for six years, but in order to hold the registered keeper liable in place of the driver they have to comply with PoFA, one of the requirements of which is to serve their notice on the registered keeper within 14 days. If they know the identity of the driver, PoFA is irrelevant.

Remember, this replaced clamping when it was obvious who the driver was.
« Last Edit: March 19, 2025, 09:08:32 pm by jfollows »
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Do Universal Parking Enforcement not have to follow the rules set out in the PoFA act?
Compliance with PoFA is not mandatory. However, if they don't comply then, as set out above, they cannot recover the charges from the registered keeper.

Thanks for the explanation