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ANOTHER UKPC Fine (newbie please be gentle)

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Comments

  • Hi, I'm new.

    I also hbave a UKPC parking ticket now with debt recovery plus ltd.

    Unfortunately I did write to them on appeal requesting it to be revoked because I had n incorrect permit.

    UKPC were given access to regulate the parking lot at my flats by the management agent who supports me in getting the fine revoked. UKPC will not correspond with my management agents now and are pressing ahead threatening to issue this to their solicitors being the next stage.

    If I now just ignore all correspondance, do they have grounds for court summons given that i have written to them and 'admitted driving' at the time. The car is a rental and not mine.

    Confused but do not want to pay the £150 they are now demanding. Any thoughts? :(
  • Jake92
    Jake92 Posts: 26 Forumite
    So I have sent this back:

    "Dear Mr Grantham,

    For the avoidance of doubt, your continued emails/letters are harassment.

    In relation to my claim against you, I would refer you to the following link which highlights a similar claim by another individual which was successful in court. As you and your chums the Brierleys will be aware, it was just a matter of suing under the Protection from Harassment Act as your company was pursuing a fake (private) 'PCN' in the full knowledge that the person being harassed was not the driver:

    http://forums.pepipoo.com/index.php?...ic=68406&st=20

    Regarding the Parking Charge Notice (fake 'PCN') itself, for the reasons outlined previously, the charge will not be paid.

    I recommend that you obtain professional legal advice regarding this matter as soon as possible or simply return the file to your client since the alleged debt is denied. To continue to contact me over a denied debt is clearly harassment and a breach of the OFT guidelines for Debt Collection as well as a breach of the BPA Code of Practice.

    If you do not desist from your harassment over a debt that is denied, the matter will be considered for legal action and this may further incur costs. Furthermore, should this matter proceed to court a County Court Judgement (CCJ) may be granted in my favour and this may draw a negative effect on your credit rating.

    I understand that this is not the desired outcome. However, the decision on this matter is final.

    Furthermore, while any further correspondence from yourselves will be added to my file detailing your continued harassment of me, I cannot assure you of another response as I consider this email adequate notice of my intentions and it would fulfil the pre-action protocols required for County Court.

    May I also bring your attention back to my previous letter regarding my charges to your company. As you have chosen to reply yet again I have added the agreed charge of a further £100, making the total owed £450. As stated in my previous correspondence, as a goodwill gesture I will place the fees on hold for 14 days, this e-mail was sent on the 24/08/2012. You have 9 days in which to pay the outstanding amount, failure to do so will result in debt recovery action.

    TAKE FORMAL NOTE: Cease all contact with me immediately. I trust that is clear.

    Regards

    Jake "

    So what's the general opinion? I have made it clear that I know my rights regarding harassment when I have denied the charge and the fact they cannot prove I may or may not have been the driver. In 9 days time do you reckon I should file the invoice forward to a debt collection agency? :P
  • Jake92
    Jake92 Posts: 26 Forumite
    Chrisdp86 wrote: »
    Hi, I'm new.

    I also hbave a UKPC parking ticket now with debt recovery plus ltd.

    Unfortunately I did write to them on appeal requesting it to be revoked because I had n incorrect permit.

    UKPC were given access to regulate the parking lot at my flats by the management agent who supports me in getting the fine revoked. UKPC will not correspond with my management agents now and are pressing ahead threatening to issue this to their solicitors being the next stage.

    If I now just ignore all correspondance, do they have grounds for court summons given that i have written to them and 'admitted driving' at the time. The car is a rental and not mine.

    Confused but do not want to pay the £150 they are now demanding. Any thoughts? :(

    If you look back to when i started this thread I was also in a bit of worry, now just like everyone else I'm finding ways of playing them at their own game. Although the fact you have admitted you were driving could make it more tricky? Someone more knowledgeable will be able to clarify.
  • Coupon-mad
    Coupon-mad Posts: 155,557 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You could do for a laugh but would get nowhere using a debt collector.

    He shouldn't reply now but if he does or they send more template letters then you could file a real Small Claim for harassment. You'd need to show the contact was unreasonable, especially if you were not driving that day, that sort of thing.

    Or just ignore it now you've had a bit of fun with him.





    P.S. BTW, the 'Brierleys' are Jason and Gareth (Gary) who are directors of DRP. Just thought adding their names in was a nice touch!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • JagDriver
    JagDriver Posts: 108 Forumite
    @Chrisdp86 - Start your own thread about your ticket, you will get much better advice that way. Check out the threat-ogram trail in the stickies for you own personal game of 'snap'. If they have sent you properly stamped court paper post them up in you thread, we'd like to see them. If they are only threatening to (i.e. 'may' take action) then ignore is the best advice.
    Get on to your management people and get UKPC kicked off site. Read threads on on here about the (knowingly) unenforceable crap PPC's send out.
  • Jake92
    Jake92 Posts: 26 Forumite
    Coupon-mad wrote: »
    You could do for a laugh but would get nowhere using a debt collector.

    He shouldn't reply now but if he does or they send more template letters then you could file a real Small Claim for harassment. You'd need to show the contact was unreasonable, especially if you were not driving that day, that sort of thing.

    Or just ignore it now you've had a bit of fun with him.





    P.S. BTW, the 'Brierleys' are Jason and Gareth (Gary) who are directors of DRP. Just thought adding their names in was a nice touch!

    I will see if Mr Grantham replies, if he does I will be filing a claim as A) It's about time we started getting our own back B) I don't take kindly to being harassed and quite frankly if they want to threaten me I will do so back. But if he doesn't reply then I think it's another case of

    Us-1 Scammers-0
  • Coupon-mad
    Coupon-mad Posts: 155,557 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 August 2012 at 12:26PM
    Chrisdp86 wrote: »
    Hi, I'm new.

    I also hbave a UKPC parking ticket now with debt recovery plus ltd.

    Unfortunately I did write to them on appeal requesting it to be revoked because I had n incorrect permit.

    UKPC were given access to regulate the parking lot at my flats by the management agent who supports me in getting the fine revoked. UKPC will not correspond with my management agents now and are pressing ahead threatening to issue this to their solicitors being the next stage.

    If I now just ignore all correspondence, do they have grounds for court summons given that i have written to them and 'admitted driving' at the time.

    The car is a rental and not mine.

    Confused but do not want to pay the £150 they are now demanding. Any thoughts? :(



    Nope they have no grounds...but...

    Your biggest headache is the rental company as they may just pay any old piece of paper impersonating a parking ticket that arrives, then charge your card, plus a hefty admin fee. Happens all the time.

    Even though you have written and they have your address at the moment, sometimes when a PPC passes the details to their debt collector, they will pay for DVLA data before starting their letter-chain. And one of those letters could easily scare a rental Fleet Manager into just taking it seriously.

    I would write to the rental company (or email them) with a copy of your letter you sent to UKPC saying you were driving. Point out that they may receive letters over this matter but it's not their liability, not their business to pay - and you have already taken responsibility as the driver which is all that is required for UKPC to know they can only pursue you alone. Since it's a fake PCN and not a real fine you will not be refunding the rental company if they do receive a letter and make the mistake of paying it. Make that really clear, cite their hire t&cs as well which may help (see thread linked below for what to say).

    I would NOT wait and see what happens, that has proved the undoing of many a poster who were happily ignoring a fake PCN only to find their lease or hire company then just paid it and clouted them with an admin fee as well as expecting reimbursement.

    See this thread (lease/hire cars - the approach is all the same from the point of view of a fake PCN). Click on and read all the links on it:

    https://forums.moneysavingexpert.com/discussion/3748269

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    Yes, you do need to deal with the car hire/leasing company. Some are fully aware of private parking tickets. Unfortunately, some pay the charge and then pass on the charge plus an administration charge to the driver.

    Car hire/leasing contract T&Cs usually have a clause about the driver being responsible for fines or penalties. That's OK for legally enforceable fines or penalties from councils, police, train operators and Transport for London.

    But this is a speculative invoice from a private company. If they want to pay it, advise them as above. If they pay it, that's their problem. If they’ve taken the money from your account, ask for it back, or else you’ll sue them for breach of their own contract.

    If you need to, also advise them of this article from Fleet News ...

    http://www.fleetnews.co.uk/news/2009...s-urged/30698/

    ... and the British Vehicle Rental & Leasing Association (BVRLA) guidelines on private parking tickets ...

    http://lmgtfy.com/?q=bvrla+private+parking.
    The acquisition of wealth is no longer the driving force in my life. :)
  • Jake92
    Jake92 Posts: 26 Forumite
    5 days later and no reply what so ever and no letters :)
  • Jake92
    Jake92 Posts: 26 Forumite
    So, 13 days after my last e-mail and I have an answer phone message on my mobile phone from someone at DRP saying I need to contact them as a matter of urgency. I'm very confused as I have NEVER given them my mobile number, checked all my sent e-mails, no number given to them at all. So now I'm wondering how they've got my number, and if it's not by my consent is it now stalking and harassment?
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