Private Parking fine, I HAVE A PERMIT!

ethanjs93

The last letter she received only a couple of days ago stated that she has 14 days to respond or it will go to court, now i'm aware that these companies do use scare tactics and realistically they won't follow up on this, but RedX did say that UKCPS do take some people to court, is this not a possibility?

Umkomaas

Letter from who?

ethanjs93

Also, I feel that I'm a bit better equipped to deal with the issue than my girlfriend who is a little more easily intimidated by their threats, am I able to contact UKCPS and inform them that I am dealing with the charge and all further correspondence should be addressed to me?

ethanjs93

The letter was from "UKCPS Legal services"

Umkomaas

ethanjs93 wrote: »

Also, I feel that I'm a bit better equipped to deal with the issue than my girlfriend who is a little more easily intimidated by their threats, am I able to contact UKCPS and inform them that I am dealing with the charge and all further correspondence should be addressed to me?

You can, but they won't. The alleged debt is with your gf; they will want to pursue her, especially if you write and tell them:

my girlfriend who is a little more easily intimidated by their threats

ethanjs93

Okay, I won't bother doing that then! haha

In reference to this...

TheDeep:
UKCPS also have a problem with v.a.t., and if they have not accounted for it in their paperwork, their claim that this is a contractual charge is false, and it becomes liquidated damages for a breach of contract., and they must account for the losses yuour actions cost them.

This sounds very useful, but perhaps someone could put this in terms an uninformed newbie like myself might understand?

ethanjs93

I've got hold of the AST and there is absolutely no mention of parking in there whatsoever?

ManxRed

Does it mention that she has a right to peaceful enjoyment of the property? (or equivalent)

If so, then the Landlord himself (if he is indeed the one that hired UKCPS) is in breach of the agreement.

Herzlos

I wonder if there's any way to claim that since the same car has been parked there with a permit daily for nearly a year, that the parking attendant should have recognised that it's meant to be there by now. I mean, if I was patrolling a car park daily unless it was a huge car park I'd have most of the cars memorized within about a week. Even the train station car park I use (330 spaces) has a lot of cars I find familiar and all I do is walk across it twice a day.


But then it's already pretty obvious that they are looking for violations to ticket, and not for unauthorized cars (or they'd use a whitelist).

ethanjs93

"The Landlord shall permit the Tenant to have quiet enjoyment of the property without interruption by the Landlord or his agent, however this does not preclude the landlord from taking action through the courts should the tenant fail to pay the rent due or be in breach of the tenancy agreement"

The car park has 5 spaces, so even if it's not the same parking attendant every day then it would be pretty reasonable to assume the attendant would remember the four cars which are allowed to park there and are parked there almost every day. Although I guess the argument to this is that it's not the parking attendant's responsibility to remember which cars have a permit and the permit should have been clearly on display.