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Playing the PPCs at their own game

I have now recieved a 'Parking Charge Notice' from UKPC. This is the letter I've sent back to them:


Dear Sirs,

Parking Charge Notice No. 9999999999

I am in receipt of a Parking Charge Notice from yourselves, as the registered keeper of vehicle reg. no. XX12YYY.

This is to inform you that I shall not be paying your speculative invoice, for the following reasons:

1)The reason for the Parking Charge is given as “parked in a disabled person’s space without clearly displaying a valid disabled person’s badge”. If you check the relevant legislation regarding the Blue Badge scheme, you will find that they only apply to car parks operated by statutory bodies, e.g. local Councils. They have no validity or relevance in private car parks. Furthermore, had your operative bothered to observe the vehicle for longer than it took to print out the ticket, he would have noticed my wife, Mrs Bargepole, leaving and returning to the vehicle on crutches,as a result of a total hip replacement operation at Wycombe Hospital on 25/04/12. By attempting to issue an unlawful penalty charge, you are actually in breach of the Equality Act 2010 (incorporating the Disability Discrimination Act 1995).

2)Notwithstanding the above, you will no doubt be aware of the decision in the Upper Tier Tax Tribunal case of VCS v HMRC, in which the ruling was that Private Parking Companies cannot lawfully make an offer of parking, or levy charges, unless they have a proprietary interest in the land. This is binding on lower courts, including the Small Claims Court, and has been ratified by an internal memo from the Ministry of Justice to all Courts in England & Wales. The records show that UKPC have no proprietary interest in Wycombe Retail Park, therefore rendering your notices and charges unlawful and unenforceable.

Take note therefore, that I do not consider myself liable to you for this or any sum at all, and now consider the matter closed.

If I receive any further correspondence from yourselves or any so-called debt collectors, regarding this matter, you contractually agree to pay me an administration charge of £90 for each such letter received.

Yours etc.

As each of the letters in the chain comes in, they will be be referred back to this letter, with an invoice for £90 enlosed. UKPC have never done court, but it will make for an interesting counterclaim should they choose to do so.

I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
«13456716

Comments

  • LincolnshireYokel
    LincolnshireYokel Posts: 764 Forumite
    edited 10 June 2012 at 5:39PM
    Cracker.

    See what happens :D






    Spooky. my thanks/posts rate is the golden ration, 1.618........... :O
    **** I hereby relieve MSE of all legal responsibility for my post and assume personal responsible for all posts. If any Parking Pirates have a problem with my post then contact me for my solicitors address.*****
  • AlexisV
    AlexisV Posts: 1,890 Forumite
    You might want to tweak your demand to be that any letter received that necitates a response will result in an invoice being enclosed based on an hourly rate of £50.
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    Dear Mr Bargepole,

    Your appeal is rejected.

    Your unwillingness to follow the procedures means that the matter will now have to follow it's natural progression.

    S Quiggle

    UKPC
    The acquisition of wealth is no longer the driving force in my life. :)
  • Kite2010
    Kite2010 Posts: 4,308 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker! Car Insurance Carver!
    Dear Mr Bargepole

    We have carefully considered your appeal and have decided that the ticket was issued correctly in accordance to the displayed terms & conditions of the car-park the vehicle was parked in and so have decided to reject your appeal.

    Or

    Dear Mr Bargepole

    We have carefully considered your appeal and have decided that the ticket was issued correctly in accordance to the displayed terms & conditions of the car-park the vehicle was parked in, but as a gesture of goodwill we will cancel the parking charge this time only.
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    edited 10 June 2012 at 7:35PM
    images?q=tbn:ANd9GcQOd3eEGRIPgAhEbfrx7YiGmY7tDRWe7aUfjqWl8ap05JsKkpIVHg
    The acquisition of wealth is no longer the driving force in my life. :)
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    Is that Roxburghe's latest letter campaign?
  • husheechee
    husheechee Posts: 121 Forumite
    you could also send them Mrs Bargepoles crutches when she has made a full recovery cause i sense that UKPC could do with them as they might find THEY are on their last legs on this one...keep us posted
  • Half_way
    Half_way Posts: 7,567 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As far as i know the disability stuff only applies to long term disabled
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    I believe- strictly speaking- to conditions expected to last more than one year.

    However, since all disabled bays on private land are not official, then anyone who has a GENUINE need (even if short-term) can use them.
  • Half_way wrote: »
    As far as i know the disability stuff only applies to long term disabled


    Nope its black and white. You are either disabled or you are not, and anyone who has cancer, or has had, even if they are now clear, is legally defined as disabled under the Equality and Disability Act, no ifs, no buts', no conditions.
    I believe- strictly speaking- to conditions expected to last more than one year.

    However, since all disabled bays on private land are not official, then anyone who has a GENUINE need (even if short-term) can use them.

    To be brutally accurate, ALL markings on private land are meaningless, and you can bloody well park where you like, disabled or not.
    **** I hereby relieve MSE of all legal responsibility for my post and assume personal responsible for all posts. If any Parking Pirates have a problem with my post then contact me for my solicitors address.*****
This discussion has been closed.
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