UKCPS Final notice before court proceedings

Hi everyone,

Was just wondering if anybody can help me out and get this stupid parking charge off of my back before I give in and pay up.
I received the PCN back on the 10/09/13 around 5 minutes before getting back to my car. (I briefly left cardigan fields car park in Leeds to get some food and came back to the ticket) I no longer have the original ticket.
Unfortunately I made a mistake and ignored the letters until I received the "final notice before court proceedings" and I have until Thursday before it "may result in court proceedings".

I have read through a good few threads and have some understanding but wasn't sure who to contact if I wanted to get the "clock reset" and get the ticket put into my name (the car is registered under my dads name)
Or who to speak to as a land owner to try get UKCPS off of my back?

I was hoping to get it in my name then receive a notice to driver and appeal like I now know that I should of done in the first place.

I would appreciate any help greatly as I'm getting really stressed about this and for obvious reasons, don't want my dad to receive court summons for something I've done.

Thank you in advance!
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Replies

  • edited 30 November 2013 at 2:48PM
    UmkomaasUmkomaas Forumite
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    edited 30 November 2013 at 2:48PM
    If what you received was a windscreen ticket, the driver's option to appeal this was after that. As the PPC heard nothing from the driver, they are now pursuing the Registered Keeper, the driver's appeal options are no longer available.

    What was the date of the Notice to Keeper (NtK) to your father - there may still be the opportunity for him to appeal this.

    In order for the PPC to pursue this to court they have to follow a very precise process - The Practice Direction. The following linked thread was produced by a solicitor and regular forum contributor, LazyDaisy, and I recommend you study this carefully so that you will know what your options are if a Letter Before County Court Claim is served on your father.

    http://forums.moneysavingexpert.com/showthread.php?t=4754020

    In terms of who the landowner is, then your best bet is probably a search via Google.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • spacey2012spacey2012 Forumite
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    Failure to follow PD does not mean the case would not be heard

    A simple aplogy from the solicitor usually clears that up.

    District judges are notorious for brushing rules under carpets.

    Stamped court papers are the real warning.
    Be happy...;)
  • UmkomaasUmkomaas Forumite
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    spacey2012 wrote: »
    Failure to follow PD does not mean the case would not be heard

    A simple aplogy from the solicitor usually clears that up.

    District judges are notorious for brushing rules under carpets.

    Stamped court papers are the real warning.

    Yep - I agree with that spacey, I was wanting to point the OP in the direction of Daisy's thread so that he understands how things might develop.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Yes it was a windscreen ticket I received.

    The only letters I have to hand are:

    - A notification letter (dated 12/11/13)
    which states that 28 days have passed since UKCPS last wrote to me (or my dad in this case) and that the £100 fine has increased to £120.

    - The final notice (dated 28/11/13)
    which says that it's my final notice before court proceedings are instigated and I have an opportunity to settle it by paying £125 in full otherwise I will have to pay the original debt plus all associated costs which could exceed £325.00

    So by the letters I'm guessing the NtK date was 15/10/13 if I'm not mistaken?

    Thank you for your time and reply!
  • edited 30 November 2013 at 3:31PM
    Coupon-madCoupon-mad
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    edited 30 November 2013 at 3:31PM
    Ryan18 wrote: »

    I have read through a good few threads and have some understanding but wasn't sure who to contact if I wanted to get the "clock reset" and get the ticket put into my name (the car is registered under my dads name)

    Or who to speak to as a land owner to try get UKCPS off of my back?

    I was hoping to get it in my name then receive a notice to driver and appeal like I now know that I should of done in the first place.



    You can't reset the clock; you will not get another NTD.

    You had a windscreen ticket already and that was your Notice to Driver, your chance to appeal has gone and annoyingly so has your Dad's because you ignored the NTK in October and 28 days has gone. If only you'd flippin' appealed as Dad, three weeks ago as per our standard, repeated advice!

    The reset the clock thing only works where it was a POSTAL PCN, this is explained in the NEWBIES READ THIS FIRST! sticky thread which I have to assume you have read. We also would assume you have read 'SUCCESSFUL COMPLAINTS ABOUT PPCS' and 'LBCCC? FIGHTBACK!' which are all at the top of the forum for you.

    I suggest you re-read those 3 sticky threads because all your options are there.

    Easiest option is surely the complaint seeing as this Leisure Park gives you contact details?!

    http://www.cardiganfields.co.uk/visitor-info/contact-us-56

    Your Dad can certainly reply naming the driver so that you get the next letters and any small claim would then be yours to defend. And for the love of God, it IS NOT A SUMMONS - the amount of people who use that word is astonishing! This isn't a criminal thing even if they chance a small claim and is defendable, not a threat to your credit rating and even if you lose, you 'don't even have to sit on the naughty step' (thanks to nigelbb for that phrase I think).

    This is no biggie - and sooo easily quashed with a robust assertive customer complaint, as you will read DOZENS of examples of in the 'complaints' sticky thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Okay yes I understand now, I'm still reading through things and understanding as we speak. I understand that it is not a summons and I never said that, I would just rather it stay away from court and keep it as simple as possible and if that means paying the fine then so be it. Sorry to of offended you Coupon-mad. I'll re read the three sticky's and if I then have any more questions I'll come back to this thread. Thank you for your input, much appreciated
  • edited 30 November 2013 at 3:55PM
    Coupon-madCoupon-mad
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    edited 30 November 2013 at 3:55PM
    Haven't offended me at all - I do get a tad frustrated when the info is staring you in the face at the top of the forum in the sticky threads. Glad you are reading through and considering your options properly now. Even a UKCPS small claim is defendable you know and you have soooo many options right now:

    http://forums.pepipoo.com/index.php?showtopic=58542&hl=Hedwig&st=180

    That's Hedwig's thread from 2012 (UKCPS v Murphy). A nice read; take it back to page one and if all posts are not displaying to read at once, change the 'options' top right, to 'standard' or linear' display mode.

    Don't pay this bunch any money - UKCPS are not a very nice firm and trade out of the back of a Leeds pub and were featured on an episode of 'The Sheriffs are Coming' this year where the court bailiffs were after THEM! You can probably find it on youtube or summat.

    My prediction is you can get this cancelled next week by the Centre Manager if you are polite and assertive enough as a miffed customer feeling harassed and reconsidering their options to ever visit again...

    Try the complaint first and if not then write a robust response to the LBC, written in Dad's name (naming & giving the postal address of you as driver if he can't handle a small claim defence or you'd rather take that from him), & show us your draft if you want. Robust reponses will be needed if the Centre Manager doesn't cancel this first.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • prosnapprosnap Forumite
    399 Posts
    The best thing you can do is to stop calling it a fine ... It isn't!
    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
  • Okay thank you very much, I will write a 'nice complaint' to the centre management and see if I can get away with it. I really don't want to give in to this bunch as you can imagine but I don't see the point for all of the stress. I would rather take it from my dads back to be honest and if it comes to that stage I will come back! Thanks again for your advice and time, very grateful!
  • Coupon-madCoupon-mad
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    I would rather take it from my dads back to be honest and if it comes to that stage I will come back!

    It is at that stage already and will be too late if small claims papers arrive - don't miss the fact you have to also respond to the LBC in time so the complaint to the Centre should be URGENT by phone or email asnd asking for confirmation of cancellation this week - meanwhile also send the robust response in Dad's name AS WELL as the complaint, naming you as driver and rebutting the whole case and stating that the client (Centre Manager) has been complained to as the driver was a genuine customer of the onsite outlets.

    Do not admit whether the driver left the site and I suggest you amend your top post as UKCPS read this forum. I am assuming the ticket was for 'leaving the site' allegedly?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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