Parking Charge with No Authority to Enforce!

keonuk

Thank you, I've just read the full case of VCS/Ibbots

I must say, the Judge is brilliant! My case is slightly different in that UKCPS are acting as agents for my gym as a whole (not for any particular branch).

I'm not sure how "Individual gym branches have their own discretion on whether to use UKCPS" will hold up in court - as a signed contract is a signed contract. Only if the gym mentioned in the contract that they wish for the above would it stand?

I do have a signed letter from my branch manager stating he doesn't wish to pursue the claim and that UKCPS didn't have permission to enforce at the time of the event - UKCPS will surely just refer to the signed contract in this instance.

Half_way

It doesnt matter what the contract says, if the Principal ( the gym) has told them to cancel then as agents they must do so.
The only possible issue with any break of contract would be between the gym and the PPC, and not the end user ( you)

keonuk

You guys are fantastic.

Will keep you in the loop

bazster

keonuk wrote: »

I do have a signed letter from my branch manager stating he doesn't wish to pursue the claim and that UKCPS didn't have permission to enforce at the time of the event - UKCPS will surely just refer to the signed contract in this instance.

Doubtless they will but, as you need to point out to the judge, all a signed contract proves is that a contract was in force on the date it was signed, it says nothing about what has happened since. The contract may have been cancelled, amended, superseded, whatever.

System

While you are waiting for the legal system to grind on, why not pop down to your friendly Trading Standards with the Gym's letter showing they have no authority and the court claim. Point out the relevant dates and use the word "fraud" often.

See if you can get them interested as they have powers under the Enterprise Act to issue court summons in their own name against fraudulent traders.

You might also want to let UKPCS know the date and time in case they want to come along.

keonuk

I am posting out the completed Directions Questionnaire today to both UKCPS and Small Claims.

It says to serve copies to all parties but doesn't mention whether these should be posted Recorded or not.

Is recorded delivery required at this stage?

bazster

keonuk wrote: »

I am posting out the completed Directions Questionnaire today to both UKCPS and Small Claims.

It says to serve copies to all parties but doesn't mention whether these should be posted Recorded or not.

Is recorded delivery required at this stage?

No, but send first-class and get a free proof of posting from the Post Office.

Veraron

I am rather curious to question the legality of the workings of these car park cowboys.A recent supreme Court found in favour of these cow boys.However my question is, where are these cowboys getting your car registrations from?Is it DVLA? Where ever it is they have to be in breach of the data protection act.Thiis kind of info is privileged and as such is only available to the proper authorities in the police, customs etc. These cow boys don't have the right to these details and I personally feel that an investigation is in order.

ManxRed

Good luck with that.

They are perfectly entitled to access the DVLA's data under the grounds of 'reasonable cause' which is deemed to include private parking companies who are members of an Approved Operator Scheme, such as the British Parking Association or the Independent Parking Committee.

Umkomaas

Veraron wrote: »

I am rather curious to question the legality of the workings of these car park cowboys.A recent supreme Court found in favour of these cow boys.However my question is, where are these cowboys getting your car registrations from?Is it DVLA? Where ever it is they have to be in breach of the data protection act.Thiis kind of info is privileged and as such is only available to the proper authorities in the police, customs etc. These cow boys don't have the right to these details and I personally feel that an investigation is in order.

I answered this query in the thread you started yesterday.

Discussed to death over years on here and other fora.

Short answer - they can, they do, they will. Suggest a Google search on 'DVLA reasonable cause private parking' and fill your boots!

Please don't distract from the main thrust of this thread.