UKCPS parking charge

slicer35

With reference to a letter referring to a PCN issued by UKCPS Ltd Dec 14.


A car was parked outside of a marked parking bay.


The letter invites the recipient too


1. Pay the unpaid charge
or
2. Notify name of driver


It also states that £100 is now due. It is to late to pay the reduced sum of £60


There is no charge to park onsite if the ticket is validated by an onsite retailer.


Any comments would be gratefully received

Redx

I have an excellent comment for you

PLEASE read the NEWBIES sticky thread, above this one, near the top of the forum , tells you all you need to know

The_Deep

Also acquaint yourself with the difference between a contractual charge and a breach of contract, and the v.a.t. implications of the former. If the invoice did not mention v.a.t. read this

[FONT=Times New Roman, serif] https://forums.moneysavingexpert.com/discussion/5087925=[/FONT]

Coupon-mad

Complain to the onsite retailer to get them to cancel it as you have no appeal open to you these days that will win, they are with the IPC. Read post #3 of the Newbies thread about the IAS and how to go through the rigmarole then complain to the DVLA about it. Newbies thread is near the top of the forum.

slicer35

Thank you coupon mad, after extensive reading of internet posts it seems you are right, without a certain level of defence it appears the PCN is an enforceable charge.
It does seem strange that a contract can be created without express consent from both parties...but that argument is for greater legal minds than mine.
The other concern I have is the 'ignore' technique is still the main consensus on the web. If I hadn't dug deep that would of been the course I would of taken.
It's time to suck it up and pay.
Thank you again for your excellent advice.

Umkomaas

Thank you coupon mad, after extensive reading of internet posts it seems you are right,

'Seems' never comes into the same sentence as 'right' when advice is given by CM.

the 'ignore' technique is still the main consensus on the web

Please point us in the direction of that 'main consensus'.

Coupon-mad

slicer35 wrote: »

Thank you coupon mad, after extensive reading of internet posts it seems you are right, without a certain level of defence it appears the PCN is an enforceable charge.
It does seem strange that a contract can be created without express consent from both parties...but that argument is for greater legal minds than mine.
The other concern I have is the 'ignore' technique is still the main consensus on the web. If I hadn't dug deep that would of been the course I would of taken.
It's time to suck it up and pay.
Thank you again for your excellent advice.

No it's not! That is NOT what was said at all! We would NOT advise you pay this, do you think everyone PAID these before we had an appeal system open to us? Nope, we all ignored them which is what we advise still, after the rigmarole of appeal.

Paying is NOT an option on this forum.

It does seem strange that a contract can be created without express consent from both parties.

It cannot! the EU Consumer Directive says so and that was enacted in the UK in June 2014.

slicer35

Thanks for your comments coupon mad. From what I understand the defence since 2012 seems lie with sign placement, signage font and colour, procedure of ticketing and follow up letters etc. ie a technicality.


My impression that these PCN's were unenforceable in civil law seems to be redundant especially since 2012.


In my personal circumstances it is simply not cost effective for me to revisit the site and photograph, send appeal letters etc etc to avoid a charge of £100.


Thank you again for your time and excellent advise.

ManxRed

You are wrong about the enforceability after 2012, and the 'technicalities' you list seems to exclude all the actual civil law reasons why the ticket is still unenforceable.

But if you'd rather pay £100 than write some emails then fair enough.

Redx

another alternative is to see if a private appeals firm will take the case on and deal with it , for a fee

slicer35

Thank you Redx


I certainly could be wrong about the legality of a private PCN but am having difficulty in finding any concrete evidence to the contrary.
I have seen cases where the company has taken these cases to a civil court and won and also been awarded costs.
I had a meeting with my solicitor on an unrelated matter and we discussed the ticket. He consulted a colleague briefly and the consensus on a successful defence appeared to be:

The rules were not broken/the rules were not made clear, the charge is excessive or you were unaware you were parked on private land


the only part of the above that could apply to this case would be an excessive charge. In his view he felt £100 may not be seen as excessive.


I suppose he would say that as he charges me £300 an hour