UKPS car park in lancaster

It's a scam. Of course they'll say that you have to pay. What do you expect?

What incentive is there for a private ticketing company to have the pay machines working properly? The revenue from them goes to the car park owner, not the private ticketing company. The private ticketing company gets its revenue, and the car park owner gets a cut, from the ticketed victims who pay up. To the car park owner, it looks like there's a problem with motorists not paying, which the private ticketing company is dealing with. In reality, the car park owner is also being scammed by the private ticketing company.

Only councils, the police, some train operators and Transport for London can issue legally enforceable fines or penalties. A private ticketing company can't. What they issue are “speculative invoices”.

Any warning signs are usually so badly positioned and worded, that they won’t have created a fair and legally binding deemed contract with a driver entering the car park in the first place. See The Unfair Contract Terms Act 1997 and Excel Parking Services vs. Cutts, Stockport, 2011.

All the car park owner can claim from a driver in damages for an alleged breach of a contract is what they’ve lost as a result. If it’s in a free car park or the driver paid, this is £0.00. Demanding more has been judged to be unreasonable and, therefore, an unfair contract penalty under the terms of The Unfair Contract Terms Act 1997. See Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914 and countless cases since.

There are also now landmark court cases, VCS Parking Control vs. Ronald Ibbotson, S!!!!horpe, 2012, HM Revenue & Customs vs. VCS Parking Control, Lower Tax Tribunal, 2012 and VCS Parking Control vs. HM Revenue & Customs (Appeal), Upper Tax Tribunal, 2012. In these cases, the judges ruled that only the car park owner can charge for parking and take alleged offenders to court. The Upper Tax Tribunal is equivalent to the High Court and, therefore, its judgements set legal precedents.

We don’t condone not paying or overstaying in a pay car park. If you owe the car park owner the original charge, then you ought to write to them, offering this in “full and final settlement”.

In any event, you should write to the car park owner, advising them that they’re "jointly and severally liable" for the actions of their agents and that any further actions by either of them would be regarded as harassment under the terms of The Protection from Harassment Act 1997. This ought to make the car park owner call off the private ticketing company and, maybe, also realise the potential cost of doing business with them.

Don’t appeal to the private ticketing company. They always reject them. What’s in it for them to let anyone off?

The private ticketing company, then a debt collector and then a solicitor will send you a series of letters. The debt collector and solicitor are usually the same people, but using different headed paper. These letters will threaten you with every kind of financial and legal unpleasantness imaginable to try and intimidate you into paying.

Continue to ignore everything you get from them. Eventually, they’ll run out of empty threats and stop throwing good money after bad.

bertymore wrote: »

hi,

im new to this, so any help and advice would be great.

i parked my car at kings yard in lancaster, which is a car park managed by UKPS from preston.

i parked at 16.17, and paid £4. £2 to cover me until 6pm, and £2 until 8am the follwoing morning. it printed my ticket but it said paid until 02.17, instead of 8am. so i rang UKPS and was told i would be ok until 8am. i attached a note to my windscreen to this effect.

when i returned to my car at 7.45am i had a ticket, issued at 07.36am. The machine in the car park was old, and it didnt ask for any reg details at all.

i have sent UKPS a letter also.

what should my next move be if they say i have to pay?

regards,

mark

Do you mean UKPC? Ignore them!

Or UKCPS? Ignore them!

It is a scam. Ignore it. THIS IS NOT A FINE.

NOTHING WILL HAPPEN, no CCJ, nothing! It's not a real PCN.

The letters the registered keeper will now receive are no biggie, just file them. They really are like phishing emails and you can see right through them when you know it's all hot air. As long as YOUR car isn't a company or hire car then it's easy for the registered keeper to ignore the letters now they (you?) know it's all a well-known con trick.

Oh and watch the Watchdog clip linked on a top sticky thread 'PPC letter chains' which is currently 2nd from the top of the forum list, only one click away - see my signature for where to click in the little blue 'breadcrumb>trail>link>' at the top of this page.

The same thread also has preview pictures of each letter so you can just play snap with them rather than actually read their debt collector baloney.

You can just tick off each matching letter against our thread. It's not difficult to play 'snap' with some junk mail you can predict!

Enjoy the Summer.



HTH

Assuming this is not a council ticket then ignore and read all the previous posts for private parking.
DON'T PAY.

Ok. You are in the same boat as anyone else who has parked on private land and an "invoice" has been stuck on your car. The advice here is to ignore all communications unless you actually receive a court summons.

If you decide to go through the appeal process, they will dismiss your appeal as the person who decides is the recipient of your cash. If you then go through the POPLA appeal, you need grounds for that appeal.

POPLA appeal process is widely discussed on other recent threads, so do take time to read, as well as looking at their web site. Some of the replies on other threads are really detailed, but some of the contributors are getting a bit "Groundhog Day" about repeating everything time and time agian, so you may lose out if you don't read recent threads.

PPCs are a bit reluctant to go down that route as it costs them money.