UKPC - offering me £15 per ticket

MarcFC14

Hi All

Apologies for the 2nd post but my management company has fedback on behalf of UKPC. To recap, I live in a block of flats where UKPC warden the car park. Within 1 month of moving in, myself, my mother, my builder and I all received tickets. Two tickets were in the bay I own the leasehold too and I refused their £15 and this then went up to £100 with threats of court via a debt recovery agency. I asked my Management agency to speak to UKPC to see if the remaining 3 x tickets could be cancelled as the space is mine.

One of the tickets was issued at 4.30am which alerted my suspicions further and that's how I ended up here. Having read the articles here I refuse to pay.

My Management company have come back with the below

[FONT=&quot]Good Morning Mr Comer[/FONT]

[FONT=&quot]I have had a reply back from UKPC who say that they cannot find the ticket for your mothers car LM60 OOV, can you please send in the ticket number[/FONT]

[FONT=&quot]The other tickets unfortunately UKPC will not cancel but will cut down to £15.00 providing you pay them soon. Please let me know if this is acceptable, if not the full amount will need to be paid.[/FONT]

[FONT=&quot]Do you now have your residents parking and visitor permits[/FONT]

[FONT=&quot]Kind regards[/FONT]

I've written the below email back to my management company/UKPC and would be grateful for any thoughts, amends or feedback

Hi


Thanks for getting back to me, my permits have arrived, yes.

The reference number for my Mothers ticket is 068 018 000 1843. Please do pass this information across to UKPC.

Regarding their offer, I found a rather interesting article about UKPC on the Mail Online and subsequently mentioned the issue to my solicitor who has advised me of the following points.


· The ticket issued at 4.30am can be considered ‘Loitering with intent’. UKPC are notorious for incentivising their ‘wardens’ to hand out as many fines as possible and they shouldn’t be hanging around our car park at unsocial hours. I’m sure the other residents would agree. I’m all for them ticketing during work hours to stop commuters from using our car park for the Station opposite but on a Saturday night after midnight, that’s just creepy. I won’t hesitate to call the police if I see someone hanging around the car at that time again.

· It’s not a penalty, nor a fine, nor a letter from a legal party or judge. It’s a demand for money.

· The tickets issued in my space can be deemed as trespassing. I own the leasehold to that space. Permit or not, I’m entitled to sue them for trespassing.

· Since June they have continually harassed me with letters from themselves and now their sister debt recovery agency. They are breaching my leasehold right to "quiet enjoyment" of my demised property, and they may well be committing a criminal offence under The Landlord and Tenants Acts, at the very least they are committing a trespass against my property.

· The fact they’re willing to drop the price to £15 further proves they’re in the wrong. I don’t believe they have suffered any losses as a consequence of any failure on my part to observe their made up Ts&Cs, and I stand by the fact that I owe them nothing

Bearing this in mind, I will no longer participate in their scheme, UKPC must cease and desist from harassing me, and that any further trespasses could lead to a claim for trespass against them and their parking ‘wardens’. The purpose of these companies should be to make matters easier for leaseholders, not to harass them.

bazster

Please don't start a new thread every time you have something else to say on the same subject, please keep it to your original thread which is not far away.

I'm not at all sure about that "loitering with intent" suggestion, did you really get that from a solicitor or did you make it up? It never helps just to throw stuff out randomly if you don't know what you're talking about!

Nor would I express any approval whatsoever for the actions of the management company or UKPC.

If yo want to start threatening to sue people then you need to (i) threaten UKPC and (ii) copy the management company and threaten to hold them jointly and severally liable for the actions of their agents UKPC. In other words, you will sue the management company.

trisontana

And they are not Fines!

Coupon-mad

MarcFC14 wrote: »

Hi All

Apologies for the 2nd post but my management company has fedback on behalf of UKPC. To recap, I live in a block of flats where UKPC warden the car park. Within 1 month of moving in, myself, my mother, my builder and I all received tickets. Two tickets were in the bay I own the leasehold too and I refused their £15 and this then went up to £100 with threats of court via a debt recovery agency. I asked my Management agency to speak to UKPC to see if the remaining 3 x tickets could be cancelled as the space is mine.

One of the tickets was issued at 4.30am which alerted my suspicions further and that's how I ended up here. Having read the articles here I refuse to pay.

My Management company have come back with the below

[FONT=&quot]Good Morning Mr Comer[/FONT]

[FONT=&quot]I have had a reply back from UKPC who say that they cannot find the ticket for your mothers car LM60 OOV, can you please send in the ticket number[/FONT]

[FONT=&quot]The other tickets unfortunately UKPC will not cancel but will cut down to £15.00 providing you pay them soon. Please let me know if this is acceptable, if not the full amount will need to be paid.[/FONT]

[FONT=&quot]Do you now have your residents parking and visitor permits[/FONT]

[FONT=&quot]Kind regards[/FONT]

I've written the below email back to my management company/UKPC and would be grateful for any thoughts, amends or feedback

Hi


Thanks for getting back to me, my permits have arrived, yes.

The reference number for my Mothers ticket is 068 018 000 1843. Please do pass this information across to UKPC.

Regarding their offer, I found a rather interesting article about UKPC on the Mail Online and subsequently mentioned the issue to my solicitor who has advised me of the following points.


· The ticket issued at 4.30am can be considered ‘Loitering with intent’. UKPC are notorious for incentivising their ‘wardens’ to hand out as many fines as possible and they shouldn’t be hanging around our car park at unsocial hours. I’m sure the other residents would agree. I’m all for them ticketing during work hours to stop commuters from using our car park for the Station opposite but on a Saturday night after midnight, that’s just creepy. I won’t hesitate to call the police if I see someone hanging around the car at that time again.

· It’s not a penalty, nor a fine, nor a letter from a legal party or judge. It’s a demand for money.

· The tickets issued in my space can be deemed as trespassing. I own the leasehold to that space. Permit or not, I’m entitled to sue them for trespassing.

· Since June they have continually harassed me with letters from themselves and now their sister debt recovery agency. They are breaching my leasehold right to "quiet enjoyment" of my demised property, and they may well be committing a criminal offence under The Landlord and Tenants Acts, at the very least they are committing a trespass against my property.

· The fact they’re willing to drop the price to £15 further proves they’re in the wrong. I don’t believe they have suffered any losses as a consequence of any failure on my part to observe their made up Ts&Cs, and I stand by the fact that I owe them nothing

Bearing this in mind, I will no longer participate in their scheme, UKPC must cease and desist from harassing me, and that any further trespasses could lead to a claim for trespass against them and their parking ‘wardens’. The purpose of these companies should be to make matters easier for leaseholders, not to harass them.

Why didn't you all just come here earlier, appeal and see them off? UKPC always cancel when they see the template appeal letter from the Newbies thread!

Do you know about Roger Davey v UKPC, where he issued an injunction against UKPC then sued them for the costs (which he won). There's no case number known but UKPC know about it!

For an example of a strong complaint letter to the Agent and to UKPC, which mentions Davey v UKPC, have a look at tospig's thread called 'POPLA test' (easy to Google if you can't find it when searching here). I wrote a letter for him to send to his Managing Agent.

MarcFC14

Thanks All, noted re starting a new thread.

Appreciate the support. I may not threaten to sue, just ask that they cancel the 'fees'

MarcFC14

trisontana wrote: »

And they are not Fines!

How do you refer to them? Demands for money?

MarcFC14

Coupon-mad wrote: »

Do you know about Roger Davey v UKPC, where he issued an injunction against UKPC then sued them for the costs (which he won). There's no case number known but UKPC know about it!


.

I do now, he's my new hero!!

MarcFC14

bazster wrote: »

I'm not at all sure about that "loitering with intent" suggestion, did you really get that from a solicitor or did you make it up? It never helps just to throw stuff out randomly if you don't know what you're talking about!

I got that term from Roger Davey v UKPC . Like with his claim they also ticketed me at 4.30am

Coupon-mad

Good stuff, glad to see you are on the case. I just posted the link to the tospig thread 'POPLA test' on another UKPC thread here near yours. post #30 of it has the sort of letter I recommended as a 'Letter before Claim' to get them to shut up or be sued.

bazster

MarcFC14 wrote: »

I got that term from Roger Davey v UKPC . Like with his claim they also ticketed me at 4.30am

Did you? Fair enough then, Mr. Davey is a barrister I believe.

MarcFC14

bazster wrote: »

Did you? Fair enough then, Mr. Davey is a barrister I believe.

Yup, it's from his post on the other forum. Apparently he is a Barrister. Thanks again for your suggestions and help. If these aren't fines, how does one refer to them in correspondence?