Please help with UKCPS and Court Proceedings LTD

Coupon-mad

PaulyQ wrote: »

hi all, first timer....

received a parking notice charge today, usual thing £100 or £60 discounted if paid promptly. Parked in a disabled bay for 5 mins whilst taking an elderly relative into store.

Ticket issued does not give a "Reason for Issue"

1) is the ticket/invoice even legal?

2) Do I still do nothing??

thanks

Obviously just ignore it (unless it's a Council ticket) but if you have only seen this thread you need to read the current forum info & threads.

You have found a thread that finished several months ago and in simply 'bumping' ancient threads with a reply, newbies like you miss sooo much!

General forum tip which should help you I hope:

When you do a Google search and you get and old/random forum thread as a result, all you then are best to do is click on the board where the thread sits. Then you see the current view of related new threads on the forum board.

Look at the board this thread sits on just by clicking on the end part of the > link that precedes the thread name, shown in blue at the top of the page. In this case, above the thread title, top of this page, it shows:

Home > Forums > Home & Play > Motoring, Public Transpost & Cycling > Parking Tickets, Fines & Parking > ('name of the thread you are looking at').

Hence you just click on 'Parking Tickets, Fines & Parking' in the blue chain>link above to view current threads on the board you are on.

Works with any forum, always go back a step.

See my signature - which attempts to tell people this, without providing a link as I am not allowed to in a sig.

When you do as I suggest you will see a top thread with PPC letters, showing you what to expect and ignore (in pictures). And you will see a sticky thread called 'welcome, please read before posting' which has a must-see Watchdog youtube clip.

Plus you will see all the current threads from today and yesterday, we get 20 or 30 new queries here every day. Have a look and see how many times we tell peeps to ignore any fake PCN from any private company. Get familiar with the scam and get ready for a game of PPC snap with the debt collector letters!

LincolnshireYokel

Court Proceedings letters are imho a clear breach of S.40 Administration of Justice Act.

S.40 of the Administration of Justice Act 1970 provides that a person in England and Wales commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he –



(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress, or humiliation;


(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;


(c) falsely represents himself to be authorised in some official capacity to claim or enforce payment;


(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

wik79

Lucky me, just received one of these too. Sigh...

I parked in the car park, returned within the three hour time limit and went into a couple of the shops in the outlet, without buying anything (this time).

I've been reading all the posts saying that these companies pay the DVLA to get the name of the registered owner of the car.

I am the registered owner and the only driver of the car. Can't they prove that I was the driver because otherwise I would be letting someone drive my car without insurance? Does the information the DVLA include insurance information?

taffy056

wik79 wrote: »

I am the registered owner and the only driver of the car. Can't they prove that I was the driver because otherwise I would be letting someone drive my car without insurance? Does the information the DVLA include insurance information?

Providing you don't contact them they won't know who the driver was, you don't have to prove anything at all, they are the ones who has to prove that you were driving. And as your insurance policy has nothing to do with it, it makes little difference, for example I could drive your vehicle with my insurance with your permission, I have third party liability for driving other people's cars.

By the way don't respond to people's PMs on here unless they have at least a few hundred posts, Peter Haswell the office lackey from UKCPS tries to troll for info on here.

notts_phil

No no no...

They don't have that kind of information!

So dont worry.

Beware of getting private messages of offers of help. The ukcps tea boy likes to try and trick people.

Stephen_Leak

Out of interest, what did they claim you did wrong? Not that it makes any difference. I'm just cursed with an enquiring mind.

Obviously, they like to target the driver, as this is who (in their view) entered into the deemed contract for parking.

However, even if the driver did enter into a contract and then breached it for whatever reason, all they can claim on behalf of the car park owner is damages for any loss.

If it's a free car park, that amounts to £0.00. If it's a pay car park and you don't pay or overstay, neither of which we condone, then all you owe is the charge.

If they demand more, this then becomes an unlawful and legally unenforceable fine or penalty.

This is where they shoot themselves in the foot.

wik79

The reason ticked is 'Leaving site' (I was intrigued to see that some of the other reasons had exclamation marks on them - interesting 'official' document).

While that it is true that I did leave the site, I returned well within the time limit (I was certainly also not the only one - the car park was full of people leaving and returning), only to find the ticket lovingly stuck to my windscreen.

The car park is completely free otherwise, so £100 fine seems a little unreasonable.

Interestingly enough, within a few minutes of my first two replies, I had had my first PM. When I checked the previous posts by the user, there were quite a few 'allegations' put to the user. I haven't replied.

give_them_FA

Who PM'd you? Just so we are aware....

wik79

Is it against the rules to divulge?!

It was someone you yourself have had quite a few goes at!

Stephen_Leak

Not leaving the site is a quite reasonable condition to a car park owner who finds his car park being used by his competitors' customers.

However, again, if anyone breaches this, there is nothing they can lawfully do. Any claim for damages suffered as a result of you not shopping with them and potentially preventing someone else parking, who would have otherwise done so, would be totally speculative.

And please let's not even get started on the human rights/freedom of movement argument!