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Tuesday, 31 December 2013

UKCPS try new scam - handing out fake POPLA codes

The Parking Prankster has learned that parking operator UKCPS has been handing out fake POPLA codes. This is apparently a cynical move on UKCPS's part - handing out a fake POPLA code will mean it will be rejected by POPLA and may then mean a valid appeal cannot be lodged within the timescale or that the motorist will simply give up.

How to recognise a fake POPLA code.

All genuine POPLA codes are 10 digits long, and their format is described in a previous post. The fake POPLA codes are 9 digits followed by 1 letter. They therefore fit on the form, but will of course always be rejected by POPLA.


The last 3 digits are your place in the number of appeals UKCPS turned down that day. 'P' is therefore obviously invalid and there can be no justification for UKCPS trying to manipulate the system in this way.

It is noticeable that the instructions UKCPS provide for using POPLA only mention the online appeal service. Appealing online will of course fail to even get the appeal registered because the POPLA code is not valid. All rejection letters should also contain details on how to appeal by post - it cannot be expected that ever motorist has access to a computer. Appealing by post will at least get the appeal logged by POPLA.

As a further example of UKCPS's attempt to bend the rules, The Prankster has seen the full unredacted latter and can confirm that the POPLA code was generated several days before the rejection letter was dated and posted, thus eating away appeal time.

What you should do?

POPLA
If you have an invalid POPLA number, contact Richard Reeve, POPLA Tribunal Manager, on 0207 520 7202 and ask him to log the fact that you have attempted to appeal but have not been given a valid POPLA code, and that in any case the POPLA code was generated several days before it was posted. Richard Reeve and his team are well aware of this scam and will know the right procedures to follow.

To be doubly sure, write to POPLA with a copy of your UKCPS rejection letter and get a free proof of postage.

Parking on Private Land Appeals
PO Box 70748
London
EC1P 1SN

British Parking Association Ltd
The BPA Ltd are well aware of this scam but so far have taken no public action. To be fair to motorists they should require UKCPS to contact all motorists who have been given invalid codes and re-issue valid codes, properly dated with 28 days to appeal, and with instructions on how to appeal both online and via the post. Any motorist who has paid should still be given the chance to appeal even though POPLA do not normally allow this.

Email them at aos@britishparking.co.uk enclosing a copy of the UKCPS rejection letter. Ask them to explain why UKCPS are issuing invalid POPLA codes. Ask them to explain why UKCPS are also creating POPLA codes several days before they send them out. Ask them to explain why they have not required UKCPS to proactively already contact you, since the BPA are fully aware this is happening.

DVLA

The DVLA are responsible for letting the BPA Ltd police their members. As the BPA Ltd are not currently pulling their weight, you should email foi@dvla.gsi.gov.uk, enclosing a copy of the UKCPS rejection letter. Ask them to investigate why the BPA Ltd have taken no visible action so far to resolve this, and ask that as the BPA Ltd are apparently not regulating the sector correctly whether their ATA status should be investigated.

Happy Parking

The Parking Prankster








Tuesday, 24 December 2013

Merry Christmas

The Parking Prankster is now officially banned from all parking related activities until Dec 27th by Mrs Parking Prankster.

Merry Christmas to all readers! Even Rachel.

The Parking Prankster is now off to indulge in a mince-pie and wine related activity from which he hopes to recover in the near future. Trivial Pursuit may also feature at some point.

Happy Parking

The Parking Prankster

Picture of the Week - Aldi release new product to help stop shoppers getting ParkingEye tickets

The Parking Prankster saw this product on the Aldi facebook page.


At £7.99 this is surely the must-have stocking-filler this Christmas.

Number Plate Blockers
Prevents Parking Eye ANPR cameras from recording your vehicle registration number upon entering or exiting an Aldi car park
Easy to affix and remove using elastic straps - a must have for regular Aldi shoppers
Prevents months of stress from dealing with threatening and intimidating letters from Parking Eye (and a possible court appearance)

Happy Parking

The Parking Prankster

PS: if you don't have one of these, then visit ParkingCowboys, moneysavingexpert or pepipoo. Currently they help get 100% of ParkingEye charges cancelled because they have been found to be legally unenforceable. With nearly 100 reported success stories and no failures, visit these sites and spread the word to your friends and family to make sure that the £100 stays out of ParkingEye's bank account and in your pocket.

Sunday, 22 December 2013

How much does an ANPR camera cost?

Parking companies are fond of quoting the cost of ANPR cameras as justification for their parking charges. The Prankster wondered just how much an ANPR camera did cost, so typed 'buy cheap anpr' into google.

It turns out a high spec ANPR camera costs around £100-£300.

600 TVL less than 50 mph $103
600 TVL more than 50 mph $156
540 TVL $216
Camsecure Colour WDR ANPR £288

So basically, after the first 1-3 suckers* pay out, the system is paid for.

Happy Parking

The Parking Prankster

*technical term for someone who pays a non-enforceable speculative invoice

Saturday, 21 December 2013

Parking Prankster 2013 parking awards

The award for the most creative explanation for genuine-pre-estimate of loss goes to ANPR Ltd, for their explanation on how their signs devalue if motorists ignore them.

The carbon-credit award for the most trees chopped down goes to ParkingEye, who are now up to 50 pages for POPLA appeals, and over 100 pages for court cases. Their explanation of why they should not show their contract now uses twice as many pages as the contract itself.

They also get a minor award for creative redaction of contracts.



The two-hats award goes to Nick Lester, managing to be involved with both POPLA and the BPA Ltd while deftly managing any potential conflict of interest. Even the Prankster only has one hat.

The we-are-big-roughty-toughty-people-and-you-should-be-mightily-afeared-of-us award goes to Civil Enforcement Limited, for running away with their tails between their legs if anyone they filed a claim against looked remotely like actually turning up in court.

Runners up are Highview Parking and CP Plus for constantly threatening to spring into immediate action, but never actually doing anything.

The lifetime award for services to investigative accountancy goes to the BPA Ltd, for repeatedly refusing to recognise that if ParkingEye run their whole business on costs £53 per issued ticket, and they charge up to £100 per ticket, then a profit of up to £47 cannot possibly be a genuine pre-estimate of loss. As both ParkingEye's filed 2012 accounts and projected profit from the Capita press release show profits of over 30%, then the BPA Ltd's failure to seriously investigate ParkingEye's statement 'we only make a small profit per ticket' tipped the judge's votes, and the BPA Ltd are therefore worthy winners of this coveted award. Steve Clark, the BPA Ltd employee ultimately responsible for making the decision, and the man whose linked-in profile shows how qualified he is to do this with his extensive background in sales and publication, was not available to receive the award.


The award for the best off-topic post goes to magicbucks.


Congratulations on the award, magicbucks, and good luck with the wedding.

Happy Parking

The Parking Prankster

Friday, 20 December 2013

Prankster falls at first hurdle

The British Parking Association Ltd recently advertised for board members to oversee the Independent Appeals Service, POPLA.


The Parking Prankster considered this to be an excellent position for his many talents, and as he was eminently suited to the job, applied for the post.

The Prankster considered that he could do more good for the motorist working inside the industry rather than outside it.

Although the Prankster's application was received and read with great interest, sadly the post captured the attention of many people more talented and more suited to the post then The Prankster.

The Prankster therefore recently received an extremely courteous rejection letter informing him that he has not made the interview stage.

The Prankster wishes the new IAS board well, and will no doubt be in touch in the near future with his ideas for continuing to improving the service.

Happy Parking

The Parking Prankster

Thursday, 19 December 2013

Northumbria NHS stiffs patients for estimated £1 million parking fines a year to save £70,000

Dogged campaigner martmonk has unearthed figures showing that the Northumbria NHS has targeted the sick, the injured, the elderly, new mothers and the disabled (in other words, your typical hospital patients)  for an estimated annual figure of £1 million in parking fines to save the £70,000 it cost them to run a car park barrier system.

The hospital itself does not profit, but passes the money on to car parking company ParkingEye.

The system ParkingEye have installed uses a scattergun approach, issuing charges whether or not they are justified. Well over half the tickets issued have to be subsequently cancelled. In some car parking areas the figure is higher than 80%.

It is likely that most of the other tickets would be cancelled too, but many vulnerable people are scared into paying instead of appealing because the fines increase dramatically after 14 days.


The figures available show that for the three months August to October 3854 tickets were paid. The full fine is £70, reduced to £40 if paid within 14 days. This means the amount paid is somewhere between £154,160 and £269,780. With a further 2307 outstanding tickets, this represents a sum somewhere between £0 (if they are all cancelled) and £161,490


Extrapolating for a whole year of data gives us a minimum of (£154,160 + £0) x 4 and a maximum of (£269,780 + £161,490) x 4. This works out as  between £616,640 and £1,725,080.

The Prankster thinks the likely total sum will be more than £1 million.

The hospital trust chose ParkingEye to replace the previous barrier system which was costing £70,000 to run. ParkingEye promised free car parking management. It is now clear that the car parking management is not free at all, but that the entire cost has been passed on to the patients of the hospital, at a price around 20 times greater than it cost the hospital to run the system.

It is also clear this system is not fit for purpose.

Huge numbers of tickets are being incorrectly issued, and the vulnerable and sick are targeted. It is instructive to note that in the consultants car park 92 tickets were issued in August and all but 2 cancelled. Consultants are obviously well aware that these tickets are bogus and have no hesitation in getting them cancelled. Time after time The Prankster finds it is the more vulnerable members of society who are frightened into paying these tickets.

What do Northumbia NHS think?

It is instructive that the Northumbria NHS view the charges as fines. Parking charges on private land are not allowed to be penalties or fines; this therefore makes them unenforceable.


Rather than setting the charges as a true pre-estimate of loss, they have been set at the same level as council fines (which are legally enforceable)


The legal case the Northumbria NHS quote to justify their charges is extremely ironic.


This case was actually about ParkingEye suing Somerfield for cancelling their car parking contract. Somerfield had to pay ParkingEye £350,000  - something the Northumbria NHS will need to bear in mind.

Somerfield cancelled the contract due to the sharp practices of ParkingEye. Some other quotes from that case from Sir Robin Jacob  (quotes the NHS seem not to have used) are as follows.
6. Under the contract, ParkingEye provided all the equipment and were responsible for its operation. It received no payment from Somerfield for this. Instead it was entitled to retain all the “fines” collected. So of course ParkingEye had an incentive to operate the “fine” system aggressively.
7. This it did – too much so: some of the letters it wrote to motorists contained falsehoods.
…
9. The third letter was different. This was held to contain serious falsehoods.
…
11. This semi-literate letter was false in a number of respects:
…

13. The Judge not only found that the third letter contained falsehoods but that those falsehoods were deliberately made by the relevant ParkingEye executive, albeit without dishonesty. Hence the Judge found ParkingEye was guilty of the tort of deceit on those occasions when the third letter was sent on its behalf. ParkingEye does not challenge this decision.

The Northumbria NHS are apparently not too hot on legal issues. The quote from HHJ Hegarty QC was not relevant to the main issues of the case and therefore does not form a necessary part of the court's decision. The technical term is 'obiter dictum'. It is therefore not binding and not even relevant.

The Northumbria NHS quote several other cases from Combined Parking Solutions, but these are all cases to do with contractual issues, not breaches of contract. These are therefore not relevant in the slightest.

In short, the Northumbria NHS do not seem to have a grasp on the issues.

What should patients do?

ParkingEye's charges have all been found to be legally unenforceable by the industry standard adjudication body, POPLA. To date, over 80 verdicts have upheld this, with none in favour of ParkingEye.

Patients from Hexham General Hospital, North Tyneside General Hospital and Wansbeck General Hospital should therefore appeal first to ParkingEye and when their appeal is rejected, take the case to POPLA, quoting the reason for appealing is that the charge is for breach of contract but is not a genuine pre-estimate of loss and ParkingEye have not provided a breakdown of their charges.

As ParkingEye are raking in £1 million for supplying a few signs and cameras it is obvious they are making vast profits here. POPLA see through them every time, and so far uphold all appeals on this basis.

It is obviously unfair that ParkingEye make patients go through this stress and effort when they know full well their charges are not enforceable, and therefore patients should also reclaim money for their time and effort in fighting the charge. The Prankster suggests adding the following text to appeals:
If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.
As the landowner Northumbria NHS are equally liable, so the patient should also appeal to the trust, using the same wording.

ParkingEye are breaking the industry code of conduct by charging amounts that are not a true-pre estimate of loss. The code of conduct can be downloaded here and states:
19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer. 
Patients should therefore also complain to the British Parking Association Ltd at aos@britishparking.co.uk, and to the DVLA at foi@dvla.gsi.gov.uk

Both these organisations take a 'laissez faire' approach to enforcement, relying on consumer complaints to identify problems. They welcome complaints of this nature otherwise they would never find out about problems.

Patients who have already paid the fines should request a refund. As the landowner the Northumbria NHS is jointly responsible, so the patient should contact the Northumbria NHS to get their money back.

Happy Parking

The Parking Prankster