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UKCPS parking charge
Comments
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if you had checked the parking pranksters website or the NEWBIES thread at the top of this forum you would also have noticed the following legal arguments too
not a genuine pre-estimate of loss
incorrect or poor signage
no contract with the landowner
not owning the land
no legal authority to bring any court claims in their own name
the NEWBIES sticky thread also links to successful court claims too
ukcps, Parking Eye and Excel/VCS certainly do not win every case that they take to court (neither does anybody else)
clearly you have your views and we have ours, but there is enough evidence on this forum alone that shows ukcps have lost in court , never mind Parking Eye and VCS/Excel
you have to make up your own mind however , its not the job of this forum to tell you what you should do, only to advise you of what the realities are , those realities are that ukcps have 6 years to bring about a small claim in court, they may win , they may lose , that depends on the above and your defence
if a private company took on your case, they would deal with it, one way or the other , for a reasonable fee - but its always your choice
maybe the Beavis case next month will clarify these legal issues, or maybe not
the latest incarnation of the The Unfair Terms in Consumer Contracts Regulations 1999 may also have a bearing on these matters too0 -
The vast majority of court wins by PPCs have either been a default judgement (because the defendant didn't turn up), or the defence given was based on mitigation and not on sound legal arguments. Only a tiny amount of their wins have come from properly-defended claims, and even most of those wins many people would find dubious.0
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Thank Redx
No view has been taken yet...there are to many grey areas for me to make that decision!
I have no mitigating circumstances to argue. However I am intrigued by the contract especially the pre estimate of loss.
In this particular situation I find it very difficult to calculate a value. The parking was free, there was no overstay, it was just a question of parking outside a bay.
I think my preferred option (at the moment) is to send a cheque for £20 with a covering letter detailing that this amount is ample to cover any losses they may have incurred.
If the case is subsequently taken to small claims court I would maintain that I had made every effort to compensate the company.0
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