UKCPS - Parking fine - Should I pay

D4W5ON

Good Afternoon,

I have recently been provided with a UKCPS parking fine and have searched the threads for help, but with no exact replica I've decided to put out my first thread.

The reason my example is different is that I did breach the agreement of parking in a free car park.

The car park in question is for businesses that open Monday to Saturday and are all closed on a Sunday, because they are all closed i parked in the free car park on Sunday for 15 minutes and came back to a ticket, the standard £60 up to £100 etc.

I then noticed the signs saying that they have parking restrictions in place when I drove to the other bit of the car park. I know I breached the contract and will not deny it but was hoping someone can tell me that if I think I am at fault should I pay, or should I follow the regular ignoring advice and not let them know who was driving etc?

Any help will be appreciated.

Thank you in advance....
An un-named driver.

ManxRed

You've breached a contract, yes. Although technically you didn't form the contract by reading the sign until afterwards, but no matter.

1. Under English contract law, the redress for breach is actual losses suffered. In a free car park this is zero.

2. Only someone with sufficient rights over the land (freeholder or leaseholder) can form a contract with you, this won't be UKCPS.

You owe the landowner £0.00, and UKCPS nothing whatsoever.

Relax.

The_Slithy_Tove

Nope. Your case is actually no different from all the others you no doubt found. It's a free car park. Therefore no-one could possibly be out of pocket because you stopped there for 15 minutes. The advice is the same. Ignore them completely.

RENEGADE_2

Hello nameless driver!

I'd like to explain something. In this world of private parking, when you are issued a so-called "PCN" the question is not whether you breached the terms or not, it is whether the demand in question is lawful. And 11 times out of 10, it never is.

I appreciate that to your credibility you have acknowledged your fault. However, this does not make a UKCPS demand for stupid money legal. If they sued for the amount, they'd humiliate themselves in court because their client, Mr. Retail Park, can only seek losses resulting from your action. Free car park = zero losses. Bye-bye UKCPS. Ignore them.

BASFORDLAD

Again your case is no different to others

Ignore!

I get fed up of hearing "my case is different"..........

D4W5ON

BASFORDLAD wrote: »

Again your case is no different to others

Ignore!

I get fed up of hearing "my case is different"..........

Hi Basfordlad, sorry to have caused you distress, to the newbie their case is different hence the thread, if we all thought our case was the same we wouldn't need to post, thanks for your answer though much appreciated.

pogofish

D4W5ON wrote: »

I have recently been provided with a UKCPS parking fine and have searched the threads for help, but with no exact replica I've decided to put out my first thread.

The reason my example is different is that I did breach the agreement of parking in a free car park.

You are talking complete and utter rubbish - Your situation is absolutely no different to most of the other threads in here. Unless of course you are somehow subject to different laws to the rest of us, so please tell us how on earth that happened?


Anyway, the advice above and the other advice you ignored is all good - IGNORE!

tospig

ManxRed wrote: »

You've breached a contract, yes.

Happy to be corrected here, but I was under the impression (from VCS vs HMRC) that because UKCPS don't have proprietary interest in the land they can not offer, and therefore you can not accept any contract with them?


Either way, as has previously been said, simply ignore them.

D4W5ON

pogofish wrote: »

You are talking complete and utter rubbish - Your situation is absolutely no different to most of the other threads in here. Unless of course you are somehow subject to different laws to the rest of us, so please tell us how on earth that happened?


Anyway, the advice above and the other advice you ignored is all good - IGNORE!

I do not particularly need to be advised of negatives or approached with things I could have done better I have not ignored any of the advice above at all, the whole point of this forum is for you to help people where you can, if you do not think your time is warranted answering then please bow out with grace and ignore my thread there are many other lovely people who have taken the time to respond and frankly your response is the only real waste of time. Thank you though for taking the time out of your day to be negative towards a new user, much appreciated!

ManxRed

tospig wrote: »

Happy to be corrected here, but I was under the impression (from VCS vs HMRC) that because UKCPS don't have proprietary interest in the land they can not offer, and therefore you can not accept any contract with them?


Either way, as has previously been said, simply ignore them.

I didn't say the contract would hold up in court, in fact later on in the same post I mention that only if UKCPS hold proprietary interest in the land can they actually form a valid contract.

Feel free to carry on splitting hairs though.

Coupon-mad

D4W5ON wrote: »

Good Afternoon,

I have recently been provided with a UKCPS parking fine and have searched the threads for help, but with no exact replica I've decided to put out my first thread.

The reason my example is different is that I did breach the agreement of parking in a free car park.

The car park in question is for businesses that open Monday to Saturday and are all closed on a Sunday, because they are all closed i parked in the free car park on Sunday for 15 minutes and came back to a ticket, the standard £60 up to £100 etc.

I then noticed the signs saying that they have parking restrictions in place when I drove to the other bit of the car park. I know I breached the contract and will not deny it but was hoping someone can tell me that if I think I am at fault should I pay, or should I follow the regular ignoring advice and not let them know who was driving etc?

Any help will be appreciated.

Thank you in advance....
An un-named driver.

Welcome D4W5ON!

Your case is in fact the same as lots of cases on here - quite often new posters talk about an 'overstay' which the PPC also allege is a breach of contract. I know yours wasn't an overstay but the point is that your case is no different. ALL fake PCNs are inherently unfair and very often the PPC will allege some made up breach or other.

My own two fake PCNs - which went completely ignored of course, apart from laughing - were both for overstays where the car did indeed appear to breach their made-up t&cs on their notices. Doesn't mean that a fake PCN from a third party who do not own the land, is suddenly enforceable!

So, like all the other posters on this board, you have a fake PCN. For a quiet life (unless you want to do the appeals thing to cost the scammers money), just ignore it.

The whole scam of fake PCNs relies firstly on people's ignorance of the fact that a random private company can't fine anyone, and secondly on their natural fear of parking tickets and the escalating costs/bailiff scenario. So PPCs copy the look of a real parking ticket and - hey presto! - the cash rolls in from victims who know no better.

This is not a penalty at all. It's rubbish.

Tick off the threatening letters here.

Watchdog clip with expert Solicitor's opinion here.

Barrister's opinion here.

So to summarise, when dealing with "tickets" from private parking companies (PPCs), issued for any reason, our advice is to ignore them as long as the registered keeper is you or a relative. The letters to ignore are easy when they arrive at the address of someone who knows it's all hogwash and not a real parking ticket at all.



HTH