Coloured Pencil Ticket

GirlGeek

I received my UKCPS parking charge letter in the post today.

I've read all the posts here about ignoring all correspondence from them and I'm planning on being strong, despite what all my friends say!

I parked at an outlet centre that does have parking signs, but lifting entrance gates that are permanently open. I went into one of the stores and asked if it was ok to leave my car in the car park and go 'off site', to which I was assured it was fine and that they hadn't started charging yet. I have spoken to the people in the shop today and they will not back me should I decide I need proof that I asked if it was ok.

Are UKCPS one of the nastier breed or will they only send a few letters. Apparently someone who parked in a disabled bay without a badge (wrong but not actually an offence, yes?) has been threatened with bailiffs. I've directed her here too, hoping I'm right!

I need reassurance and a back up supply of 'grr get lost', cos quite frankly I'm scared! _pale_

Thanks for reading.

Stephen_Leak

This UKCPS isn't the UK Coloured Pencil Society, This one's only allowed to have wax crayons.

Firstly, the legal stuff.

Any warning signs are usually so badly positioned and worded, that they won’t have created a legally binding deemed contract between the car park owner and the driver in the first place.

Even if there is a contract, all the car park owner (CPO) can claim from the driver in damages for any breach of contract is what they’ve lost as a result. If this is a free car park or they paid, this is £0.00. By asking you for more, which is unreasonable, it’s become an unfair contract penalty, which is legally unenforceable.

Only councils, the police and Transport for London can impose legally enforceable fines or penalties. Private companies can't. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., 1914.)

Despite all of this, you’ve got a ticket and/or a letter. What do you do?

Don’t appeal. They always reject them. Why should they? What’s in it for them to let anyone off?

What they want is for you to divulge the identity of the driver. If they don’t know who the driver was, they have to make do with chasing the registered keeper of the vehicle involved. They’ve started claiming that they have the right to ask who the driver was. They can ask. This doesn’t mean that you have to tell them.

However, if you have appealed, it doesn’t make their actions lawful.

They will threaten you with all sorts of legal and financial unpleasantness, in order to try and intimidate you into paying. But, they can't actually do anything, for the same reason that a blackmailer couldn't sue their victim for non-payment.

Their threats usually include bailiffs, damage to you credit rating, etc. But, for things to get to this stage, they would have to take you to court (and have their actions subjected to legal scrutiny), win the case (which would happen if you didn't attend) and then you’d have to refuse to pay. Bailiffs would then be appointed by the court. This scenario is possible. But it’s also unlikely, as you have control over it at two points.

UKCPS took someone to court earlier this year. They lost. The judge told them that their demands were unreasonable, were therefore an unlawful contractual penalty and found in favour of the driver.

You can ignore their empty threats. Eventually, they will run out of things to intimidate you with, and stop throwing good money after bad.

give_them_FA

Everyone gets threatened with bailiffs by all these companies. Bailiffs never arrive. To get a bailiff you first have to be taken to court, then lose, and then refuse to pay. Buy a ticket for Saturday's lottery because it is more likely to win the jackpot than for all that to happen! Bailiffs cannot just "turn up" because someone asks them to. So forget that.

As Stephen says, have absolutely no correspondence with them at all, don't phone, don't e mail. The only reason they encourage you to appeal is so they hope you will admit you were driving and it also saves them from having to pay DVLA for your details.

They will ALWAYS dismiss your appeal- to allow it would cost them money.

If they don't know who the driver was they cannot succeed at court anyway. It is not possible to claim from the Registered Keeper. They know this because they were told by a Judge.

vax2002

There is no "nastier bred" all they can do is send you silly impersonation of authority letters.
Those that do try court get spanked, because the law is on your side, despite what you may think they do not let jump up little **** in Green jackets go around conning people out of money using the court system.
IGNORE THEM !

GirlGeek

Thank you all
Fast typing Stephen... or c & p

I am emboldened! (and I'll let you know if I win the lottery!!)

Stephen_Leak

GirlGeek wrote: »

Thank you all
Fast typing Stephen... or c & p

I am emboldened! (and I'll let you know if I win the lottery!!)

The 7 P's. Perfect Prior Planning Prevents !!!!!! Poor Performance.