ANOTHER UKPC Fine (newbie please be gentle)

Jake92

Ok so I sent them this formal e-mail (debt recovery plus):

"To whom it may concern,

I received notification of a parking charge by the company you act on behalf of, UK Parking Control LTD, believe you can charge me for parking my car in the car park for the Barbican Approach, Coxside,Plymouth, PL4 0LG.

Firstly your so called notice is nothing but an attempt to frighten people into paying your invalid charges. The so called notice is not legally binding as no contract agreed or implied has been entered into as I cannot confirm I was the driver of the vehicle at that time.

I would like to draw your attention to the fact that I believe that as your company is a private company and is not associated with either the local council or police authority, your charge is invalid.

I have not and will never enter in to any contract agreed or implied with your company nor have I broken any law or statute.

Further action on my part will incur charges which be chargeable to your company!

My charges will be invoiced at the following rates...

Initial Charge of £250 then £100 each time I have to respond in relation to this matter. All legal expenses and costs will be charged in addition to the above charges. Pursuing this matter will trigger these charges and by doing so, your company agrees to these terms.

If you deem necessary, forward this response to your affiliated company, UK Parking Control LTD as I have been told by our adviser that because 14 days has lapsed since the ticket was issued, I cannot contact them directly via phone or their appeals procedure, please be advised, this is NOT AN APPEAL.

I look forward to your response within 7 days.

Regards,

Jake White"

and was replied with:

"Thank you for your email Mr White.

By responding, I do not intend to enter in to any form of contract, as I am simply corresponding in order to pursue the charge which we have been instructed to collect.

Due to the content of this correspondence, I would like to clarify our position regarding this Parking Charge Notice (PCN).

Customers parking their vehicles and then walking off the site are registered by the site warden and a record of their registration number recorded.

There are clear and sufficient signs within this area warning drivers that should they leave their vehicle unattended and the site, without permission, a PCN may be issued.

On 17th May 2012, such a happening occurred, in clear contravention of the terms and conditions of the site.

As such, a PCN was correctly and legitimately issued.

The claim in question is based in contract law. When the driver parked the vehicle on the site in question, he/she contractually agreed to abide by the terms and conditions attached to that site. As stated, these terms and conditions are adequately displayed on signage at the site. If he/she did not wish to abide by these terms and conditions, they were under no obligation to park on the property in question.

I understand that this is not the desired outcome. However, unless further evidence is provided, the decision on this matter is final. Furthermore, while any further correspondence contesting the decision will be noted and filed, I cannot assure you of a response unless fresh evidence is provided that would have a bearing on the decision.

As a gesture of goodwill, I will place the account of £140.00 on hold for 14 days to allow time for payment to be made.

Alternatively, if you were not the driver at the time of the contravention, please provide by return the driver’s full contact details (e.g. name, address, etc) and I will re-direct our correspondence accordingly.

However, if no payment/additional information is received within this period, the matter will be passed on to our legal team for their consideration.

Regards



Ian Grantham
Appeals Manager
Debt Recovery Plus Limited
1st Floor
Globe Square
Globe Lane
Dukinfield
SK16 4RG
T: 0844 561 0965
F: 0161 339 5722 "


The trouble is......my mind has gone a bit blurry and I can't confirm whether I was the driver or not as there are 3 other named drivers on my BMW. I suppose as the ticket is directed at the driver not the legal owner, it's put Debt Recovery Services in a bit of a pickle....and to be honest I'm not really at liberty (nor do I have any desire to) pass on the details of whom may or may not have been driving at the time of the PCN.

trisontana

"Customers parking their vehicles and then walking off the site are registered by the site warden and a record of their registration number recorded."

As a judge mentioned in a recent court case, the company has not attempted to mitigate its "losses", This is because the "warden" could have approached the motorist to warn them about leaving the car park. Instead he just wrote out the ticket.

ManxRed

VCS v Ibbottsen I believe.

Jake92

Well this kind gentleman from DRP would like the details of the driver, as I said there could of been a few possibilities, one being:

Mr !!!!!! Burns
2456 Bell End
Rowley Regis
West Midlands
B65 0HG

I could include this address with a side note of:

"As I have now provided you with the name/address of the driver as requested I will now assume you will cease harassing me and pursue the above person. I had 2 other people registered as named drivers (That insurance policy no longer exists as I had to cancel it due to a flock of super-strength evil dodo birds picked it up and flew it back to their evil hideout in Mauritius, forcing me to buy a reliant robin. Not the greatest car compared to the super-BMW that is shown in the pictures you so kindly supplied to me previously, but it will do, also as it has less room, it means I no longer have to take my partner and child anywhere with me, so I am now free to pick up stray women in my spare time, normally late at night whilst driving down seedy looking dark alley roads), I would be happy to supply you with the details of the other 2 drivers, 1 at a time, but only if you have made attempts of contact with the previous given details, and they have failed (which lets face it, they more than likely will as anyone with an IQ more than a cabbage will smell your scam coming a mile off).

Yours sincerely,

007.

ManxRed

Miss Mary Lykes,
The Cockwell Inn
Tillet
Herts.

Jake92

ManxRed wrote: »

Miss Mary Lykes,
The Cockwell Inn
Tillet
Herts.

Absolute classic! Saw this on a pic the other day. I was wondering, they say the driver is responsible, what if it was stolen by batman?

Coupon-mad

I think I would reply with something like:



''Dear Mr Grantham,

My contractual charges are as enforceable as fake PCNs from UK Parking Control Ltd and my claims hold as much weight as those on their website.

So, by replying to my communication you have contractually agreed to my notified invoice rate of an Initial Charge of £250 then £100 each time I have to respond in relation to this matter.

My last email gave clear and sufficient notice that should you enter into further correspondence with me, an invoice may be issued. Rather like a fake PCN, perhaps...

As a gesture of goodwill, I will place the account of £350.00 on hold for 14 days to allow time for payment to be made.

I understand that this is not the desired outcome. However, unless further evidence is provided, the decision on this matter is final. Furthermore, while any further correspondence contesting the decision will be noted and filed, I cannot assure you of a response unless fresh evidence is provided that would have a bearing on the decision.''

Jake92

Coupon-mad wrote: »

I think I would reply with something like:



''Dear Mr Grantham,

My contractual charges are as enforceable as fake PCNs from UK Parking Control Ltd and my claims hold as much weight as those on their website.

So, by replying to my communication you have contractually agreed to my notified invoice rate of an Initial Charge of £250 then £100 each time I have to respond in relation to this matter.

My last email gave clear and sufficient notice that should you enter into further correspondence with me, an invoice may be issued. Rather like a fake PCN, perhaps...

As a gesture of goodwill, I will place the account of £350.00 on hold for 14 days to allow time for payment to be made.

I understand that this is not the desired outcome. However, unless further evidence is provided, the decision on this matter is final. Furthermore, while any further correspondence contesting the decision will be noted and filed, I cannot assure you of a response unless fresh evidence is provided that would have a bearing on the decision.''

Sent :cool:

To be fair their argument is that I had sufficient warning about the parking rules and that is their basis for them issuing a PCN. Well i gave them sufficient notice about my charges so if I have to adhere to their rules/charges, they will have to adhere to mine.

hammer68

hi jake92
i had exactly the same scenario here in Bristol , eventually a NBA letter was fired off to UKPC and AVIVA who owned the retail park here. 2 weeks later a letter arrived from UKPC saying they had reviewed the evidence (like i commited a crime) which was the same 6 months previously and decided to drop the claim, funny how the claim was dropped after they so say sold on the debt ????

as everyone says keep ignoring

MothballsWallet

bazster wrote: »

They have offices? I thought they mainly operated from sewers...

No, the sewer rats kicked them out - even those rodents have standards :rotfl:

I think the office provider doesn't have any standards though.