Parking Charge with No Authority to Enforce!

keonuk

Hi all

I am having a bit of a nightmare dealing with UKCPS - who have now put a County Claim in against me.

I received a parking charge on my gym car park back in February, to which i ignored all correspondence up until i received this County Court paper for £175.

I have spoken to the gym who have assured me that they wasn't supposed to be acting on the car park at the time i received the charge.

Knowing this, i assume that they cannot reclaim money for a free car park of which they don't own.

Please could i have some assistance on my defence? I am not sure on the best way to approach this.

Is it possible for this claim to be dropped all together if i ask the gym manager to call the county court and inform them that UKCPS acted without authority and that they aren't interested in following through with the charge?

System

Is it possible for this claim to be dropped all together if i ask Total Fitness to call the county court and inform them that UKCPS acted without authority and that they aren't interested in following through with the charge?

No you get TF to give you a signed letter to that effect. At the same time you acknowledge service to say you will defend in full.

The simple action of acknowledging is the issue that trips most people up. Do that first.

bazster

No that will not work. Now the claim has been filed you will have to defend it.

Will the gym give you a letter stating that they are the landowner and at the time of parking UKCPS had no authority to operate in this car park? If so, you can include this in your defence with a request that the case be struck out as disclosing no cause of action.

You can also send a copy of it to UKCPS. If they've got any sense (they haven't) they will withdraw the case.

keonuk

Thanks for the replies.

I have filed and Acknowledgement of Service to give me 28 days to prepare this defence - I will request the gym manager write up a signed letter to state that UKCPS aren't working for them and that they had no authority to enforce.

I was also given this option "I intend to contest jurisdiction", which i left blank - could someone please clarify what this point means?

bazster

You would contest jurisdiction if you believed that an English County Court has no power to hear the case. Assuming you are a resident of England or Wales then you have no basis for contesting jurisdiction.

Umkomaas

Is the car park exclusive to Fitness First? Have they (FF) subsequent to your parking event contracted with UKCPS?

Or is there a managing agent/landlord/landowner involved here who might have contracted with UKCPS some time previous to your parking event?

Are there any other retailers/superstores (and their ilk) jointly sharing the car park?

keonuk

Umkomaas wrote: »

Is the car park exclusive to Fitness First? Have they (FF) subsequent to your parking event contracted with UKCPS.

Or is there a managing agent/landlord/landowner involved here who might have contracted with UKCPS some time previous to your parking event?

Are there any other retailers/superstores (and their ilk) jointly sharing the car park?

Yes, the car park is exclusive to Total Fitness.

Having taken this up with them, UKCPS was previously contracted by them to act on their car park however through the complaints they received they removed them from the car park shortly before my ticket was handed out. As far as i am aware, the gym in question are the landlords of the car park.

My confusion stems from the fact that a company are invoicing me for £175, on a car park which they never have owned.

My money would go to UKCPS in this instance - but they no longer work with the gym so where would my money go?

bazster

keonuk wrote: »

Yes, the car park is exclusive to Total Fitness.

Having taken this up with them, UKCPS was previously contracted by them to act on their car park however through the complaints they received they removed them from the car park shortly before my ticket was handed out. As far as i am aware, Total Fitness are the landlords of the car park.

My confusion stems from the fact that a company are invoicing me for £175, on a car park which they never have owned.

My money would go to UKCPS in this instance - but they no longer work with Total Fitness so where would my money go?

It would go to UKCPS, of course.

You need written confirmation from the gym that they are the landowner and the date on which they cancelled their contract with UKCPS.

Not only should this mean a slam-dunk win in your court case but will also pave the way for (i) a complaint to the IPC that their member is operating without landowner authority (ii) when the IPC ignores or brushes off your complaint (as they surely will), a further complaint to DVLA and your MP that the IPC is not fit to hold Accredited Trade Association status and (iii) a complaint to Trading Standards that UKCPS is attempting to deceive consumers by issuing invoices which have no legal basis.

keonuk

bazster wrote: »

It would go to UKCPS, of course.

You need written confirmation from the gym that they are the landowner and the date on which they cancelled their contract with UKCPS.

Not only should this mean a slam-dunk win in your court case but will also pave the way for (i) a complaint to the IPC that their member is operating without landowner authority (ii) when the IPC ignores or brushes off your complaint (as they surely will), a further complaint to DVLA and your MP that the IPC is not fit to hold Accredited Trade Association status and (iii) a complaint to Trading Standards that UKCPS is attempting to deceive consumers by issuing invoices which have no legal basis.

Hi Bazster

I have just got off the phone to the gym - they can confirm that they ditched UKCPS in 2014 (my penalty was issued in February 2015).

The manager also written to UKCPS demanding that they withdraw the claim, and are in the process of writing me a signed letter stating this, along with a copy of their email to UKCPS.

As you mention, this should hopefully throw it out of court!

I will be sure to follow up this court case with

"(i) a complaint to the IPC that their member is operating without landowner authority (ii) when the IPC ignores or brushes off your complaint (as they surely will), a further complaint to DVLA and your MP that the IPC is not fit to hold Accredited Trade Association status and (iii) a complaint to Trading Standards that UKCPS is attempting to deceive consumers by issuing invoices which have no legal basis."

So that no others are put through this farce.

bazster

Great stuff! It's always good to hear when a PPC has done this:

https://www.youtube.com/watch?v=QxtXOisa0cY

(Warning: sound and profanity, not safe for work!)

Coupon-mad

keonuk wrote: »

Thanks for the replies.

I have filed and Acknowledgement of Service to give me 28 days to prepare this defence - I will request Total Fitness write up a signed letter to state that UKCPS aren't working for them and that they had no authority to enforce.

I was also given this option "I intend to contest jurisdiction", which i left blank - could someone please clarify what this point means?

Acknowledgement does not give you 28 days from acknowledgement, beware. Read it again.