Notice to Keeper - UKPC - Home Owner

honest_home_owner

Hello gang!
So after months of being ignored by UKPC I had a NTD left on my windscreen which I duly ignored.

I have now recieved the Notice to Keeper which has a picture of my car in my freehold space.:j

So anyway I am now looking at appealing the "charge":rotfl:

Here is a brief synopsis of what I have put together so far:

I acknowledge being the keeper and deny liability as vehicle is parked on my private land.

Ask for copy contract which "authorises" UKPC to work on the estate.

Tell them to do one as the fail POFA for various reasons and ask for the reasons for the breach is it contract, tresspass, etc.

Will this get me the POPLA code is it it to hard?

bod1467

Just look at the typical "soft" appeals elsewhere on this board.

Try to avoid any reference to the 1st person - keep everything in the 3rd person as far as possible. So "the keeper" rather than "I", etc.

spacey2012

If you are a free holder, why do anything at all , just keep collecting them and wait for the threatened ccj papers.
Not that they will ever arrive.
If they do, you have a clear cut case for harassment damages in a counter claim.
Wasting time and effort on fishing flyers left under your windscreen does not work with scammers.
If you do feel the need to do something, send it back with a simple note:
The offer to contract is declined.
It is your title on your land, let them do the running around and time wasting.

bazster

Your FREEHOLD space!!!! Hohoho, this is gonna be fun!

Dear Dopes,

The keeper rejects all liability for this charge on the grounds that the driver was authorised by the landowner to park there.

The land in question is a privately-owned freehold and your knuckle-dragging ticket monkey committed an act of trespass when he applied a charge notice to the keeper's vehicle. The landowner wishes you to know that, should this act of trespass be repeated, he will be requiring damages from you.

Beyond that, the keeper doesn't really care what you do next and he intends to continue to allow his own vehicle to be parked on his own freehold land (oh yes, the keeper is also the landowner, didn't I mention that?). But if you should be stupid enough to persist in your delusion that you are entitled to charge people for allowing vehicles to park on their own property, feel free to send me a POPLA code. I'm sure Shona could do with a good laugh.

But remember: it's my land and you don't have permission to set so much as a toenail upon it, so beware.

Up yours,

Mr. R. Keeper

trisontana

YOU would think that these clowns would have learned their lesson by now after being successfully sued for trespass in a very similar case this year:-

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

We pressed on with our county court Claim against UK Parking control Limited
( UKPC ) in the Winchester County Court.
On 21.1.2013 UKPC in an Order by consent gave undertakings to the Court not to enter our land and not to place any parking charge Notices on our cars and the Court ordered:
1. Judgment for the Claimants ( ourselves )
2. Damages for trespass in a total of £150.00
3. UKPC to pay our costs in the sum of £ 1280.26 ( now paid )

honest_home_owner

spacey2012 wrote: »

If you are a free holder, why do anything at all , just keep collecting them and wait for the threatened ccj papers.
Not that they will ever arrive.
If they do, you have a clear cut case for harassment damages in a counter claim.
Wasting time and effort on fishing flyers left under your windscreen does not work with scammers.
If you do feel the need to do something, send it back with a simple note:
The offer to contract is declined.
It is your title on your land, let them do the running around and time wasting.

I have already collected two sets of documentation from NTD, to NTK to debt recover, zenith etc, so feel confident of taking them to Popla this time round.

The_Slithy_Tove

honest_home_owner wrote: »

I have already collected two sets of documentation from NTD, to NTK to debt recover, zenith etc, so feel confident of taking them to Popla this time round.

Keep on collecting tickets, and appeal every one up to POPLA. At £27+VAT per go, they may eventually get the message.

bazster

honest_home_owner wrote: »

I have already collected two sets of documentation from NTD, to NTK to debt recover, zenith etc, so feel confident of taking them to Popla this time round.

This is the third time they have ticketed your car on your property? If I were in your shoes I would get a Letter Before Action off to them right now demanding £200 damages for trespass and giving them 2 weeks to cough up otherwise you'll be off to the County Court (Small Claims Track). Oh, and find out who hired these morons (some management company I'm guessing) and get a similar letter off to them telling them that you are holding them jointly and severally liable for the actions of their agent, so you'll see them in court too if necessary

HO87

You might want to give this one a try:

Dear Sirs

Letter Before Action - Please Take Careful Note of the Content.

Prospective Action - Mr & Mrs honest home owner -v- UKPC Ltd

1. Mr and Mrs honest home owner are the intended Claimants in this action and you are the intended Respondent.

2. "Mr and Mrs honest home owner" are the freehold owners of a parking space located at XXXXXXXX (marked in blue on the attached plan) and have been since (date). Their address for service is 21 Any Street, Anytown.

3. They are also owners of a XXXX coloured motor vehicle, registration number ABC 123.

4. At (time) on (date) the above vehicle was parked in the parking space set out above. At the stated time you, your employee or agent affixed to the above vehicle a demand entitled a "Parking Charge Notice" (Number ABC 123456) for £X purportedly as consequence of the vehicle having been parked without displaying a valid permit.

(repeat this paragraph - set out chronologically for each ticketing event)

X) The demands affixed to the vehicle have since been followed up by further, more strident written demands from you sent by post. Your letters make demands for increasing sums of money apparently sought by way of settlement of alleged breaches of a contract that purportedly exists or has existed between you and Mr and Mrs honest home owner. The latter demands are accompanied by threats of involvement of debt collection agencies and that of unspecified further action (amend as required).

X) For the avoidance of doubt Mr and Mrs honest home owner are the owners of the parking space and have not entered into any contract with you, or your agents in any respect with regard to this parking space and nor have they granted or been approached to grant any form of access, into, over or across this space by you or your agents. They have been party to no agreement involving the imposition of any parking permit scheme and would not contemplate such a scheme as they own the space in question.

X) As a consequence the demands made are wholly unwarranted and the threats of further action and the employment of debt collection agencies constitute menaces made by you in furtherance, and with the intention of securing payment for yourself, of the unwarranted demands.

X) Further, you knew or should have known that the employment of menaces in making the unwarranted demands on repeated occasions constitutes harassment within the meaning of the Protection from Harassment Act.

It is therefore required that you:

a). Immediately and unreservedly cease the harassment of Mr and Mrs honest home owner and in so doing withdraw all of the Parking Charge Notices (as detailed above). This to be confirmed in writing within 7 days.

b). That in accordance with s.10 Data Protection Act 1998 you are given formal notice that you are required to immediate cease processing the above named's data (other than as is strictly necessary to facilitate this communication and any litigation that might ensue) and provide a written undertaken that this has been carried out. Such undertaking (a letter signed by your corporate solicitor confirming that this has been done will suffice) to be supplied within the next 14 days.

c). Take notice that with immediate effect any informal licence that may have existed to enter onto property for the pursuit of commerce or other reasonable activity insofar as it extended to the parking space describe above as may have been exercised by you, your employees, agents or assigns is entirely withdrawn. For the avoidance of doubt neither you, your employees, agents or assigns are to enter onto that property under any circumstances. You are required to provide written acknowledgement of this notice within 7 days.

Should there be any breach or failure to abide by the conditions set out in this letter Mr and Mrs honest home owner reserve to themselves to commence proceedings without further recourse to you. Such action will include a claim for ordinary damages and, given the totality of your conduct, may include a claim for exemplary damages.

Yours faithfully

Mr and Mrs honest home owner

Guys_Dad

Good work by HO87.

May I just ask about this freehold space? You are not a leaseholder of a property in which the freehold is held by the leaseholders themselves via a management company.

Hope you can clear that bit up.

honest_home_owner

bazster wrote: »

This is the third time they have ticketed your car on your property? If I were in your shoes I would get a Letter Before Action off to them right now demanding £200 damages for trespass and giving them 2 weeks to cough up otherwise you'll be off to the County Court (Small Claims Track). Oh, and find out who hired these morons (some management company I'm guessing) and get a similar letter off to them telling them that you are holding them jointly and severally liable for the actions of their agent, so you'll see them in court too if necessary

Hey bazster,
unfortunatly I choose to live on a development thats 80% bought to let. The other freeholders believe there is a massive parking problem as this is what their tenants tell them.
Management agents refuse to accept responsibility stating that the management company are responsible. No one on the management company are interested in talking about the private parking company (because they dont live there I suppose)

So I am waging a one man crusade in this event.