UKCPS Ltd Driver passenger observed leaving

Rigger22

Hi can anybody shed some light onto this, just got a ticket from a UKCPS for Driver passenger observed leaving, is that legal or should I just pay it? seems like a con to me.

ManxRed

Don't pay it.

Its an invoice for breaching the terms and conditions of a supposed contract formed by the 'clearly visible' signs.

For breaching a contract you would be expected to reimburse the breached party for any losses incurred.

For starters, under contract law, there is a duty of care on each of the contracting parties to minimise those losses. And yet, the passenger/driver (don't they know which??? there's another problem there) was 'observed' leaving site without the person doing the observing warning them that they would supposedly incur a loss should this happen. So that's a failure on their part to mitigate losses, and you can quote VCS v Ibbotson to support it.

Secondly, have they lost any money as a result of this incident? No. They haven't.

They might claim that this doesn't need to be a genuine loss in light of a recent court case Parking Eye v Beavis, but in that case the charge levied was deemed to be a penalty necessary to deter a breach, which means it must not be extravagant and unconscionable. The test for this might be 'what do the local council charge for a similar 'offence''? Usually (outside London) it's about £50 (or £25 if paid early) so why are UKCPS trying to charge £100? This charge is indeed 'extravagant and unconscionable' so you could challenge them on that too.

Don't pay it though.

Castle

Councils never issue tickets for "Driver/Passenger" leaving site so there is no "similar offence"!

The_Deep

Also, they have a problem with v.a.t., are they trying to dodge it?


As this is UKCPS it will probably be a contractual charge on which v.a.t. is payable. Have they accounted for vat on their paper work? If not it becomes a breach of contract and GPEOL applies More reading here

https://forums.moneysavingexpert.com/discussion/5087925=



https://forums.moneysavingexpert.com/discussion/5033796=


https://forums.moneysavingexpert.com/discussion/5195437

If you suspect tax evasion go here

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion

peter_the_piper

Do the signs actually ban passengers from leaving the site? How do they know they are passengers? Do they have a license to spy on people in this way? Just my thoughts . I can see them having cameras to watch cars in and out but people on site?
https://www.gov.uk/public-space-surveillance-cctv-licence

ManxRed

Castle wrote: »

Councils never issue tickets for "Driver/Passenger" leaving site so there is no "similar offence"!

Ha ha, yes. So it's zero then.

nigelbb

Even assuming that the driver really did enter into a contract for parking in a free car park no passenger did so whether they leave the site or not is irrelevant.

surfboy1

tell them the passenger left the site so they need to contact them!! They do not have a clue who the passenger is !

peter_the_piper

Assuming they use the same sign as the one I looked at it says "Important, you are not to leave site" or close. Nothing about passengers.