UKPC Begin Small Claims Action In Scotland

Fergie76

http://www.thecourier.co.uk/news/local/dundee/drivers-warned-of-parking-fines-blitz-1.620964

A leading private parking company has launched a shock legal crackdown against Courier Country motorists in a string of new court cases.

In a move that will cause concern for thousands of motorists across Tayside and Fife, UK Parking Control (UKPC) this week began small claims cases against drivers who it says failed to display tickets at a Dundee retail park.

Private parking companies have traditionally avoided pursuing motorists who incur one-off parking charges in Scotland, which many consumer groups and legal 
figures have branded “unenforceable”.

But, on Thursday, a sheriff warned members of the public to “proceed with care” and take independent legal advice if facing similar proceedings.

Two Dundee motorists appeared in court at the start of their bids to fight the £160 charges UKPC is trying to claim back from them.

Three drivers appeared in Forfar’s small claims court on Wednesday and a further Dundee motorist’s case is to call at the city’s sheriff court next month.

All of the Dundee cases and at least one of the Forfar cases involve private parking charges incurred at the Gallagher Retail Park in Dundee.

A recent Courier investigation revealed that only a tiny percentage of the tens of thousands of private parking charges issued every year ended up in court.

A senior Dundee legal source said he believed UKPC was using the Tayside small claims as “test cases”.

Coupon-mad

Interesting - so they are going for the keepers on the assumption they were the driver. Should be fairly easy to defend but you will always get some idiots who don't research it or hide their head in the sand and don't defend properly, or don't turn up for a hearing. UKPC have also issued a few claims in England I know about, but to my knowledge have never won a case - except perhaps by default which wouldn't count!

AltheHibby

Thanks CM, thats how I read it. I bought a copy but theres not much more inside. It does look as though they are trying non-display of tickets in a free for 2 hours then you pay car park. RK liability is still a huge hurdle so I suspect there is something we arent being told yet. One "driver" (RK) is citing the unfair contract terms act as their defence.

Iceweasel

This should be very interesting.

Coupon-mad

AltheHibby wrote: »

Thanks CM, thats how I read it. I bought a copy but theres not much more inside. It does look as though they are trying non-display of tickets in a free for 2 hours then you pay car park. RK liability is still a huge hurdle so I suspect there is something we arent being told yet. One "driver" (RK) is citing the unfair contract terms act as their defence.

Stating the obvious but (among other defence stuff about contract law issues, no GPEOL, no standing to sue and no trespass occurred, etc.,) that RK should simply point out Scotland has no POFA 2012 keeper liability and 'no formal admissions have been made' about who was driving all those months ago.

Iceweasel

Scotland doesn't even have any laws on trespass.

We can walk, drive, or ride a horse anywhere we wish - as long as we cause no damage to road surfaces, crops etc.

Their case must fail at every hurdle as long as the defendant properly understands the situation.

BenefitMaster

Iceweasel wrote: »

Scotland doesn't even have any laws on trespass.

We can walk, drive, or ride a horse anywhere we wish - as long as we cause no damage to road surfaces, crops etc.

Their case must fail at every hurdle as long as the defendant properly understands the situation.

If I were confident of my rights of audience, I'd offer to represent them. But, as the law stands in Scotland, I can't.

bazster

I imagine that, just as with PE, winning cases is not the point. Presumably they are testing the water in preparation for a PE-style campaign of intimidation via court papers. Starting with the hardest "market" is smart: if they find it profitable in Scotland it'll certainly be profitable in England.

Having said that, the Scottish Parliament is more likely to come down on PPC's like a ton of bricks if they push it too far, rather than get into bed with them as Westminster's abject excuse for a government has done.

PsyCrow

I am a wee bit concerned by this news. My car got a ticket several months ago from the Gallagher retail park and I have ignored all the letters so far. I received a letter from Zennith Collections last week which contains the phrase "Notice of intention to commence legal proceedings". Is this just a standard letter or are they planning to take to court as well.

This story in the paper is making me seriously think about paying the £80 they are offering at the moment.

Umkomaas

Zenith are debt collectors. Debt collectors can't 'take you to court', you owe them no debt, so what interest do they have?

Sit tight and see what transpires with these early cases. They are no doubt starting to have the effect desired - setting the pack running .... and paying up!

Iceweasel

PsyCrow wrote: »

I am a wee bit concerned by this news. My car got a ticket several months ago from the Gallagher retail park and I have ignored all the letters so far. I received a letter from Zennith Collections last week which contains the phrase "Notice of intention to commence legal proceedings". Is this just a standard letter or are they planning to take to court as well.

This story in the paper is making me seriously think about paying the £80 they are offering at the moment.

Please don't pay - that is exactly what they want to happen - scare people into paying.

Unless someone has been silly enough to say "I was the driver who parked the car." there is nothing they can do - each and every any court case will fail - as there is no legal liability which falls to the owner/keeper.

The whole house of cards falls down if they have no proof of who the driver was.

UKPC need to prove their case - it's not up to the keeper to prove anything at all.

Lets all wait and watch what happens.