Parking ticket

Author
Discussion

S11Steve

6,374 posts

184 months

Thursday 20th July 2017
quotequote all
Pica-Pica said:
Before the Beavis case, I had unwittingly overstayed in a Home Bargains/Parking Eye parking lot. I had exited over a low wall so did not see the signs. I got the notice with photos, £50 now or £85 after 14 days. I wrote that as the place was only a quarter full, I was not inconveniencing anyone, and I had shopped at said Home Bargains (and elsewhere). I worked out the maximum daily council charge nearby was £6, so I wrote back with a cheque for £12 with the statement, if you cash it by a specific date (14 days ahead), I will deem you to have accepted this as the 'imaginary' loss, if you do not cash it by that date, I will regard you as having waived the charge. They swiftly cashed it. Some said I should not have paid, but technically it is their land, and it is trespass, and that was my own little 'test case'. Sadly Beavis screwed that for all of us.
It's not their land.

It is not trespass.

Beavis didn't screw everything, only that the £100 charge is commercially justifiable.

audi321

Original Poster:

5,184 posts

213 months

Friday 18th August 2017
quotequote all
Just to add a bit more to this thread.

I ignored the 'parking ticket'. Got a letter in the post today from UKCPS telling me to identify the driver (I'm the registered keeper).

Going to write a letter of appeal now (even though the letter says I can't appeal as it's over 21 days since the notice).

Here's the sign from the car park.


anonymous-user

54 months

Friday 18th August 2017
quotequote all
Seems they've got you bang to rights.

I do hope you returned to Maplins whatever you bought, and told them where to shove it?

They take the piss these jobsworths. If they can't afford adequate free space for their and their neighbours customers to share they shouldn't be in business.

Phil.

4,763 posts

250 months

Friday 18th August 2017
quotequote all
audi321 said:
Just to add a bit more to this thread.

I ignored the 'parking ticket'. Got a letter in the post today from UKCPS telling me to identify the driver (I'm the registered keeper).

Going to write a letter of appeal now (even though the letter says I can't appeal as it's over 21 days since the notice).

Here's the sign from the car park.

In my experience if you write direct to the retailer complaining about the way the situation has been handled, with valid reasoning explaining your situation, they will direct the car park company to withdraw their claim.

speedking31

3,556 posts

136 months

Saturday 19th August 2017
quotequote all
The sign says that only authorised buses, coaches etc. are permitted to park. If you weren't driving such a vehicle then you have broken the rules.

PurpleMoonlight

22,362 posts

157 months

Saturday 19th August 2017
quotequote all
audi321 said:
Just to add a bit more to this thread.

I ignored the 'parking ticket'. Got a letter in the post today from UKCPS telling me to identify the driver (I'm the registered keeper).

Going to write a letter of appeal now (even though the letter says I can't appeal as it's over 21 days since the notice).

Here's the sign from the car park.

What is the basis of your appeal?

ellroy

7,030 posts

225 months

Saturday 19th August 2017
quotequote all
That he's a tight git from Yorkshire...

audi321

Original Poster:

5,184 posts

213 months

Saturday 19th August 2017
quotequote all
ellroy said:
That he's a tight git from Yorkshire...
Cheers Jez!! You're banned from Hull from now on smile

audi321

Original Poster:

5,184 posts

213 months

Saturday 19th August 2017
quotequote all
speedking31 said:
The sign says that only authorised buses, coaches etc. are permitted to park. If you weren't driving such a vehicle then you have broken the rules.
Does it????

Alpinestars

13,954 posts

244 months

Saturday 19th August 2017
quotequote all
audi321 said:
speedking31 said:
The sign says that only authorised buses, coaches etc. are permitted to park. If you weren't driving such a vehicle then you have broken the rules.
Does it????
Yep, but it's poor use of English.

SantaBarbara

3,244 posts

108 months

Saturday 19th August 2017
quotequote all
How many other stores are on the same site?

SantaBarbara

3,244 posts

108 months

Saturday 19th August 2017
quotequote all
audi321 said:
Just to add a bit more to this thread.

I ignored the 'parking ticket'. Got a letter in the post today from UKCPS telling me to identify the driver (I'm the registered keeper).

Going to write a letter of appeal now (even though the letter says I can't appeal as it's over 21 days since the notice).

Here's the sign from the car park.

Do not tell them?

Mrr T

12,228 posts

265 months

Saturday 19th August 2017
quotequote all
audi321 said:
Just to add a bit more to this thread.

I ignored the 'parking ticket'. Got a letter in the post today from UKCPS telling me to identify the driver (I'm the registered keeper).

Going to write a letter of appeal now (even though the letter says I can't appeal as it's over 21 days since the notice).

Here's the sign from the car park.
If the letter only asks you to identify the driver and does not attempt to invoke keeper liability it's best to ignore it.

The PC cannot compel you to name the driver.

S11Steve

6,374 posts

184 months

Saturday 19th August 2017
quotequote all
Alpinestars said:
audi321 said:
speedking31 said:
The sign says that only authorised buses, coaches etc. are permitted to park. If you weren't driving such a vehicle then you have broken the rules.
Does it????
Yep, but it's poor use of English.
Correct. That sign wouldn't stand up to scrutiny to form a contract. It doesn't meet the "beavis test" by presenting the charge clearly enough, and the wording used is vague at best.

The 21 day appeal is nonsense, and likely a breach of their own IPC code of practice.

Also check the dates between the incident and the letter you received, and check the contents of the letter to see if it meets the mandatory requirements of POFA2012 to hold the keeper liable.

Ukcps are one of three companies who have seemingly white-listed any vehicle registers to my company. I tied them in knots earlier this year, retorted then to the DVLA and IPC, and since then we've not received a single ticket from them.

They have issued a couple of claims in the past, but never gone beyond acknowledging the defence submission. They only issue claims to abuse the court process in an attempt to extort money out of people.

S11Steve

6,374 posts

184 months

Saturday 19th August 2017
quotequote all
It may be worth contacting the DVLA to check when they accessed your keeper data. If it was earlier than 28 days from the ticket being issued on your windscreen, that's a breach of their KADOE contract. Enough complaints about that, the DVLA rises to supply them any more....

audi321

Original Poster:

5,184 posts

213 months

Saturday 19th August 2017
quotequote all
S11Steve said:
It may be worth contacting the DVLA to check when they accessed your keeper data. If it was earlier than 28 days from the ticket being issued on your windscreen, that's a breach of their KADOE contract. Enough complaints about that, the DVLA rises to supply them any more....
They might have done as I only got the ticket on the 15th July and the letter from them is dated the 17th August. How do I find out when they asked?

S11Steve

6,374 posts

184 months

Saturday 19th August 2017
quotequote all
You should simply write to the DVLA requesting that they they provide you with the details of who has been making enquiries about your vehicle - giving its details and, preferably, proof of ownership (copy of the V5C - even though they could confirm that themselves). Setting out a period in which you believe the(se) enquiry(ies) have been made would make their life somewhat easier. Write to:

Release of Information
Paying Enquiries Section
DVLA
Swansea
SA99 1AJ

pavarotti1980

4,895 posts

84 months

Monday 21st August 2017
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speedking31 said:
The sign says that only authorised buses, coaches etc. are permitted to park. If you weren't driving such a vehicle then you have broken the rules.
If it says only those vehicles are permitted to park then the contract is forbidden so any other vehicle not listed cannot be party to the contract.

Alpinestars

13,954 posts

244 months

Monday 21st August 2017
quotequote all
pavarotti1980 said:
speedking31 said:
The sign says that only authorised buses, coaches etc. are permitted to park. If you weren't driving such a vehicle then you have broken the rules.
If it says only those vehicles are permitted to park then the contract is forbidden so any other vehicle not listed cannot be party to the contract.
It says parking is allowed in certain circumstances and sets out the terms. One of them is in relation to buses, coaches etc. In the absence of someone not satisfying the conditions, the sign says no parking. So one would be party to the contract.

S11Steve

6,374 posts

184 months

Monday 21st August 2017
quotequote all
Alpinestars said:
It says parking is allowed in certain circumstances and sets out the terms. One of them is in relation to buses, coaches etc. In the absence of someone not satisfying the conditions, the sign says no parking. So one would be party to the contract.
See my comment from July 16th - UKCPS signage does not meet the requirements to form a contract, nor does it meet the "Beavis test"

Ask me how I know?



Also bear in mind that they were restricted from accessing DVLA keeper data due to their inadequate signs, but still haven't changed anything - http://parking-prankster.blogspot.co.uk/2017/01/dv...

And clear signage has been a problem for years with UKCPS - http://parking-prankster.blogspot.co.uk/2014/07/uk...