UKPC charge for motability car in Scotland

victoir_2

My sister has a motability car due to mental health issues. I've found out that she is being plagued with demands from a company due to a parking charge from Uk Parking Control Ltd. They are demanding £150 and threatening court.

I only found out at this stage because she's been ripping up the letters, and has been getting increasingly distressed.

The charge is from a visit to Dundee.

I notice on UKPC's website that they say that they automatically cancel tickets given to motability vehicles (http://www.ukparkingcontrol.com/Accred.html), but obviously haven't in this case.

I think she's received four or five letters so far.

What should I do? Continue to ignore the letters? Ring them up and point out it's a motability car? I don't know where the vehicle was parked, or who was driving, so I've no idea if it's a reasonable charge or not, but I'd rather not have to stump up £150.

Umkomaas

I note the charge is based on a parking incident in Dundee. Does your sister also live in Scotland?

If so, and as long as no one is informing UKPC who the driver of the vehicle was, then there's no problem in continuing to ignore. The. Protection of Freedoms Act does not apply in Scotland so the PPC can't chase the Registered Keeper (as they can in England and Wales), they can only chase the driver, and if they don't know who the driver was.............!

Is your sister the Registered Keeper? If she is, you could write to UKPC with some form of proof to meet their stated confirmation on their website that they will cancel tickets issued to Motability registered vehicles.

In the letter I'd say that you're writing on behalf of your sister (explaining that she has mental health issues) and ask them to cancel as per their website. Say that your sister hasn't understood the significance of the previous letters from them, other than they have been causing her considerable stress and upset, but now you've found out about her stress, you have had to step in and take over the case for her.

Something on those lines. Do keep us informed how this progresses. If no joy after writing to UKPC, come back and we'll advise further.

nigelbb

If the parking 'crime' was in Scotland but the RK lives in England the PPC still cannot invoke POFA because any contract for parking will have been under Scottish law & POFA only applies in England & Wales.

Coupon-mad

I would also email David Metcalf at the BPA to complain that UKPC have been harassing a registered keeper who has mental health issues and a Motability car, and yet the incident was in Scotland, so no registered keeper liability applies. It is too long ago to be sure who was driving and the keeper would not be in a fit state to enquire nor respond themselves - and why should they, under the circumstances where UKPC can see it's a Motability car from the DVLA information.

Add that the poor victim of this harassment has been tearing up the letters but is very distressed and you need this matter cancelled immediately as harassment is a specific breach of the Equality Act 2010 (which applies throughout the UK, unlike POFA). Say that for the avoidance of doubt, this email, and the letter now sent to UKPC, should be construed as a final warning to cease and desist with this harassment.

[EMAIL="david.m@britishparking.co.uk"]david.m@britishparking.co.uk[/EMAIL]


HTH

zzzLazyDaisy

First can I just check with you that this is definitely a motability car? I just need to clarify the facts so I can write an Equality Act letter for you.

The reason I am asking is that the only way to get a motability car is to be in receipt of High Rate Mobility Component of DLA - for mental health issues the highest rate that can be awarded is low rate mobility component, which does not qualify. So I am wondering if maybe she also has some physical mobility issues? Either way her mental health issues are sufficient to bring her within the protection of the Equality Act, but I just want to make sure of the facts before drafting you a letter. Apologies if you find the question intrusive.

Leading on from that can I also check - is the vehicle registered to Motability?
In that case it seems likely that Motability have identified your sister to UKPC as the driver.

It is true that, being in Scotland, she is probably safe to continue ignoring, but that leaves her open to continuing stress of threatening letters which she doesn't need. So if you can provide the above info, I'll prepare a letter for you to send.

hth

Daisy

EDIT - crossed with C-M

victoir_2

Hi. Yes, there are physical issues as well. To respond to an earlier reply, she lives in Scotland. Also, the vehicle is definitely motability, registered to her, as she gives up her benefit to pay for it. Thanks for your help on this!

zzzLazyDaisy

victoir wrote: »

Hi. Yes, there are physical issues as well. To respond to an earlier reply, she lives in Scotland. Thanks for your help on this!

Thanks

Can you also reply to the question about the registered keeper.

Is motability the RK?
If so, are the letters coming to her address in her name?

The above info will tell us whether motability have identified her as the driver, which affects how we phrase the letter.

Daisy

victoir_2

zzzLazyDaisy wrote: »

Thanks

Can you also reply to the question about the registered keeper.

Is motability the RK?
If so, are the letters coming to her address in her name?

The above info will tell us whether motability have identified her as the driver, which affects how we phrase the letter.

Daisy

Sorry, I don't know about the RK. How would I find that out? Yes, the letters are going straight to her address in her name.

zzzLazyDaisy

victoir wrote: »

Sorry, I don't know about the RK. How would I find that out? Yes, the letters are going straight to her address in her name.

She should know if the car is registered to her as the regular keeper, or if it is registered to motability. Her motability documentation will tell her, or if it is registered to her, she will have the car's registration certificate in her name. Otherwise a phone call to motability to ask the general question.

esmerobbo

Daisy with Motability the RK is the hirer so the OP's sister will be on the DVLA records as the RK, the only difference is Motability hold the V5c.

zzzLazyDaisy

esmerobbo wrote: »

Daisy with Motability the RK is the hirer so the OP's sister will be on the DVLA records as the RK, the only difference is Motability hold the V5c.

THANK YOU :beer:

That is what I needed to know!

Dx