Owner left site - UKPC and Debt Recovery Plus Ltd

trisontana · 8 February 2010 at 12:25PM

Shaun_Goater wrote: »

Its not a 'penalty' its a 'charge'. The landowner IS entitled to charge you whatever he wants to park on his land. If you put a sign on your driveway reading 'Park here, £10 per hour. I could choose to park there as long as i paid you £10 per hour. If i didnt want to pay you £10 I would not park there. What makes you people think it is ok to park on the driveway but pay no money?

We don't dispute that. What is illegal is then to impose a penalty for breaking these "rules" if you over-stay or park in the wrong section. The landowner can only claim for the actual material loss suffered. As it's a free car-park then no loss has been suffered. If they charge £10 and hour and you stay for a second hour, then the loss is £10. Anything else claimed would be deemed an illegal penalty.

trisontana · 8 February 2010 at 12:34PM

Shaun_Goater wrote: »

Thats where you are wrong. Its is something often spouted on this and other forums but it is not actually true. Have any of you actually looked this up in law rather than on a Forum? I have been to court and been awarded the full charge by a judge a number of times. The Judge will only be interested to know if the signage stated the charges and what the consiquences of breaking the parking conditions would be.

So you do work for a parking company. Are you Perky? Enough said. Could you send us details of all these supposed "successful" cases you have won.

RosieLee_2 · 8 February 2010 at 12:39PM

yes please show me evidence.
i only ever see posts from ppc's bragging about these so called court wins but no proof is ever offered.

sarahg1969 · 8 February 2010 at 1:04PM

If you are applying for 10 judgments, then the cases haven't been defended, have they? So how does that prove that penalties are enforceable? They are not "wins", as such, are they?

And if the PPCs are so sure of their case, why do they rarely issue proceedings? I've had several invoices, but not one court claim.

peter_the_piper · 8 February 2010 at 1:05PM

SG Why don't you also post on Pepipoo.com, under your real company name and let them join i the fun. I'm sure you will be welcomed with open arms.

peter_the_piper · 8 February 2010 at 1:22PM

That's ok SG, I'm sure they will be looking at your version of S**t.

haddockman · 8 February 2010 at 1:23PM

You do talk a load of old tosh.

You are afraid of Pepipoo. They would have you for breakfast. I think you would be very afraid if a few of your many cases per week actually defended against your rubbish claims.

Even Patrick Troy head of the BPA admitted to a commons select committee that PPC charges are utter tosh and unenforceable.

trisontana · 8 February 2010 at 1:25PM

Shaun_Goater wrote: »

When I apply for a judgement it is up to the defendant to put a defence in. If they choose not to I get a judgement by default. I can then apply for the judgement to be enforced, such as by a bailiff etc. I would call an undefended judgement a 'win', why shouldnt I? If they are confident they are in the right then why not have their day in court and tell the judge. The reason we rarley issue proceedings is due to the time involved in doing so and the cost involved. Thats why I am going to do just 10 per week. However if i need to i will employ someone to do this for me full time and do 100 per week until the message gets across.
The truth is that you are in the wrong and I am in the right. I know you all like egging each other on and spouting what you all clearly beleive to be true. But it isnt. Parking regulations are advertised and if you choose to break them then face the consuquences or we will see you in court. Perhaps you and my company should go to court next time you get a ticket?
Oh and the reason I am not going on Pepipoo (Appropriate name for the sh#t spoken on there) is that I have a job and do not have all day to spend on forums.

I imagine the reason that many of these cases are undefended is that the poor suckers don't realise that they can successfully defend their case. You just have to read the new postings on here from people who confuse debt collectors and bailiffs and who have little knowledge of contract law.

Our job on here is to educate these people and tell them not be intimated by the threatening letters from the likes of you.

haddockman · 8 February 2010 at 1:32PM

I suggest you read Excel Parking Services v Hetherington-Jakeman, Mansfield County Court, March 2008

Coupon-mad · 8 February 2010 at 2:24PM

Shaun_Goater wrote: »

How many have you successfully defended in court that gives you the right to educate them? The truth now please.

The point is that these scam charges don't go to Court unless:

- the motorist is simply a PPC plant, it's been done before just so Perky can brag.

- the PPC or debt collector thinks that it's OK to try to slap a 'fine' on a registered keeper even though the identity of the driver hasn't been ascertained (they can try...)

- Or the registered keeper has moved away, I bet you're dredging up really old cases where you know they are no longer at that address - but you won't tell the judge that will you?

- Or you're specifically picking out elderly people who sound scared when you phone them up and harass them? Maybe you'll target those who say 'I'll pay you only if you take it to Court'.

- Or if a PPC hasn't had its fingers burnt in Court yet (they learn not to do Court pretty quick).

Still, it would be very interesting to hear from you again - are you Orange Steve then? He was entertaining too!

Anyhoo, back on topic to Euan, your query was replied to in full last week here (without the old goat trying to 'kid' you into paying):

http://forums.moneysavingexpert.com/showthread.html?t=1331507&page=54

HTH

Owner left site - UKPC and Debt Recovery Plus Ltd

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