Private car park - excessive charge

JDM2009

Hi Guys,

Basically this was a "fair cop" and had the charge been something reasonable, I'd probably have paid it straight away.

Situation:
Stayed over at a friends flat with private car park for residents.
No gate or ticket system, residents have permits.
Several spare spaces.
Didn't notice any signs etc, but if I'm honest I knew it was a private. (There probably are some).

Got up in the morning and had a yellow form glued to my windscreen.

"PARKING NOTICE CHARGE
Unauthorised removal or interference is an offence"

Offence was "Without a valid permit or authority!"

"The owner of the vehicle must pay a charge of £75 within 10 days of issued ticket" etc etc etc £75!!!!! I must have been there the whole of 8 hours!

Cheque to a PO BOX address.

That was on xxxxxx

I received a letter from "UKCPS" demanding £81 by check or pay online: www[dot]ukcps[dot]net(amateur looking website!!!)

Company is a member of the BPA whatever that means, I have their PO BOX address and the address of their company (gotta love companies house )

Is this one worth fighting / ignoring? I've not done anything as yet, reading through the letter template on this site, the only thing I could say is that it's too much money, BUT with it being permits and no option to pay I don't know where I would stand with this.

I can scan both documents if anyone needs anymore information....

Thanks!!

bargepole

JDM2009 wrote: »

"PARKING NOTICE CHARGE
Unauthorised removal or interference is an offence"

Offence was "Without a valid permit or authority!"

Laughable tosh - what "offence" would be committed by tearing up their toilet paper notice - littering perhaps?

UKCPS are a bunch of scam artists, as you've probably guessed from their address. The BPA are a trade organisation, formed to look after the interests of members such as UKCPS.

Don't bother writing to them, it will just cause them to pester you for longer.

Just ignore all their bullsh1t letters, threatening famine and pestilence, and any from so-called debt collectors (completely powerless) and bogus solicitors.

If you don't play their game, they'll give up and pester some other mug. Above all do not, ever, pay these shysters a penny.

JDM2009

Hi bargepole,

The only thing that is putting me off is it being a private, permit holders only car park, so for trespassing damages, they could possibly argue that the person who owned the space was not able to park there (even though there were spare places available).

Worst case scenario.... bailiffs could only come AFTER I'd been beaten in court? And obviously I'd have to be present and be notified of the court date etc?

bargepole

JDM2009 wrote: »

Hi bargepole,

The only thing that is putting me off is it being a private, permit holders only car park, so for trespassing damages, they could possibly argue that the person who owned the space was not able to park there (even though there were spare places available).

Worst case scenario.... bailiffs could only come AFTER I'd been beaten in court? And obviously I'd have to be present and be notified of the court date etc?

In order to succeed with a County Court claim, they would have to prove the following:
1) That the person they took to court (i.e. the registered keeper) was driving the car - difficult to do if nobody has replied to their letters.
2) If sueing under trespass law, that they are the landowner (which they aren't) and have suffered £75 worth of loss as a result of the trespass (which they haven't).
3) If sueing under contract law, that a contract was entered into, and that their charge is a fair assessment of their losses, and not a penalty, which would be unlawful under contract law (see the bank charges saga).

Any court claim by them would have to be sent to you, and you would have the opportunity to submit a defence, and be present in court in the unlikely (0.0001%) event that it got that far.

Only if you lost (even more unlikely) and didn't pay the judgement, could bailiffs get involved.

sarahg1969

"Company is a member of the BPA whatever that means..."

It means they pay an annual fee to join a trade association. Do not be fooled into thinking the BPA is a regulatory body or consumer association.

JDM2009

one final point to put my mind at rest......

At this stage am I definitely best to ignore, or would I be better sending off a letter along the lines of the template (if so I don't know which defence clause to use)?

Would this help my case if it did go to court?

As it stands now, I just wait for a debt collectors letter and then inform the debt collectors that I dispute the payment and so refer it back to UKCPS?

Can I say I am in dispute if I haven't sent a dispute letter to the company?

Thanks for your time everyone... most helpful!

Edit: And, whilst I'm here, what's the longest time they can keep hassling me?

pogofish

Keep ignoring it totally and also ignore the heavy-sounding letters from their associated collection agents/"solicitors," they are all usually part of the same operation. Contacting them will only prolong matters unduly.

Only respond to properly issued court papers but TBH, the chance of this going to court is miniscule.

oldone_2

Experience elsewhere shows that if you correspond they will persist sending you increasingly desperate letters until they finally give up.By not replying they can't be sure that either they have got the wrong address, or you may be a barrister who knows the law and know their invoices are unenforceable by the PPC.

Best advice which is endorsed by lawyers and barristers on other motoring sites, is to ignore everything.

RobertoMoir

JDM2009 wrote: »

Hi bargepole,

The only thing that is putting me off is it being a private, permit holders only car park, so for trespassing damages, they could possibly argue that the person who owned the space was not able to park there (even though there were spare places available).

Worst case scenario.... bailiffs could only come AFTER I'd been beaten in court? And obviously I'd have to be present and be notified of the court date etc?

Your "worse case scenario" is correct in terms of court case & bailiff action, but the chances of it happening are roughly equal to my chances of living in sin with both anne hathaway and alicia silverstone. Still, both the car park company and myself are entitled to our dreams no matter how slim the chances of them ever happening actually are.

wesb24

From experience with UKCPS, don't pay and they go away. 5 letters for me, each increasingly desperate. They'll start applying interest in the letters, at the rate of £3 per day. Don't let this worry you and stick to your guns of ignoring them.

Dibnah

Hello there

Just wondering if anyone has similar experience with NCP??
The slight difference (among others) is the threat to hand over to a debt collection agency.
Can this be done without going to court first??
Or, am I believing their hype too much

MTIA