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Is this harassment and am I likely to have a case?
BlindXX
Posts: 8 Forumite
Hi, this is my first post so try and be gentle! I've read the newbie thread, but so far I'm still a bit stuck. I was given a ticket by UKPC whilst parking in my designated bay outside my place of work.
I have a permit but it was not in the windscreen this day as I had been hit from behind the night before and it had knocked it onto the passenger seat (face up - that may be important). Obviously, I didn't notice and got the ticket. I then failed to appeal - the first couple of weeks were spent stressing about getting the car fixed, then I was on holiday for two weeks. I plain forgot to appeal. I did try and phone on the way to the port but there is only an automated pay line, no phone appeal.
Anyway, I'm now at the debt collectors stage, which I've been ignoring, as per advice, but I did send a denial of debt letter to them. They responded with a reprimand for using a "cut and paste" letter, informed me it is not harassment as the penalty is correct, cited Beavis case and the usual legal threat. Today I received a letter stating that as i had not contacted them to say I was not liable I am agreeing that i am liable for it (despite responding to my denial of debt). I did send my letter tracked so can get confirmation of that. I was wondering if I really can get them for harassment at this point or should I still just ignore?
Other facts - the landowner has turned all rights over to UKPC so cannot intervene (tried that route, they contacted UKPC on my behalf but no luck). The signs are on most buildings down the private road, but not the one I park outside. The signage says permits must be clearly visible - mine was but on the passenger seat, not the windscreen. There is no fee to park but the spaces and permits are allocated to the units they are outside and considered to be part of the rent (although I could see no reference to parking in the rent agreement). Also, UKPC seem to be a bit litigious - they have a list of court cases they have won on their website. No mention of how many they have lost though... Any help is appreciated.
I have a permit but it was not in the windscreen this day as I had been hit from behind the night before and it had knocked it onto the passenger seat (face up - that may be important). Obviously, I didn't notice and got the ticket. I then failed to appeal - the first couple of weeks were spent stressing about getting the car fixed, then I was on holiday for two weeks. I plain forgot to appeal. I did try and phone on the way to the port but there is only an automated pay line, no phone appeal.
Anyway, I'm now at the debt collectors stage, which I've been ignoring, as per advice, but I did send a denial of debt letter to them. They responded with a reprimand for using a "cut and paste" letter, informed me it is not harassment as the penalty is correct, cited Beavis case and the usual legal threat. Today I received a letter stating that as i had not contacted them to say I was not liable I am agreeing that i am liable for it (despite responding to my denial of debt). I did send my letter tracked so can get confirmation of that. I was wondering if I really can get them for harassment at this point or should I still just ignore?
Other facts - the landowner has turned all rights over to UKPC so cannot intervene (tried that route, they contacted UKPC on my behalf but no luck). The signs are on most buildings down the private road, but not the one I park outside. The signage says permits must be clearly visible - mine was but on the passenger seat, not the windscreen. There is no fee to park but the spaces and permits are allocated to the units they are outside and considered to be part of the rent (although I could see no reference to parking in the rent agreement). Also, UKPC seem to be a bit litigious - they have a list of court cases they have won on their website. No mention of how many they have lost though... Any help is appreciated.
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Comments
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Please break up that wall of text with some paragraphs. Many regulars will pass over such difficult to read text blocks.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
They responded with a reprimand for using a "cut and paste" letter, informed me it is not harassment as the penalty is correct, cited Beavis case and the usual legal threat.
Other facts - the landowner has turned all rights over to UKPC so cannot intervene (tried that route, they contacted UKPC on my behalf but no luck). The signs are on most buildings down the private road, but not the one I park outside. The signage says permits must be clearly visible - mine was but on the passenger seat, not the windscreen.
This is ripe coming from the UK's worst fraud operator who fake pictures to extort money.
"cut and paste" ??? IDIOTS, they use "cut and paste" all the time especially with their idiotic Beavis threats.
Beavis has no bearing for you .... typical UKPC rubbish.
What an idiot the landowner is, passing all rights to a scammer but there you go, some people are plain stupid
There are cases where residents like you have been attacked by UKPC, in the press and UKPC losing in court.
Just sit tight, if UKPC are stupid enough (they really are stupid) to take this to court, come back here0 -
Text broken into more paragraphs - hopefully easier to comprehend!0
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If you've passed the point where an appeal can be made to the PPC and POPLA (suggested by the fact that debt collectors are now involved) there's not much to do other than to ride this out and see where it takes you.
Ferguson v British Gas is one of the leading harassment cases, but this was one of very significant and constant barrage of the plaintiff; we've never seen a parking charge case of harassment even move towards a court case.
If this should get to a LBCCC or real court papers it will be time to come back here and to get the landowner further involved by telling him that should it get to court, you will be involving him (as the contract principal) in the proceedings.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
If at DRPlus stage then no steps are needed, DO NOT contact them:
https://forums.moneysavingexpert.com/discussion/5035663
OK, this is all something and nothing!Anyway, I'm now at the debt collectors stage, which I've been ignoring, as per advice, but I did send a denial of debt letter to them. They responded with a reprimand for using a "cut and paste" letter,
You can't get them for harassment. Believe me, I know what harassment is - and this is not it.
Come back if you get a court claim, or solicitor's letter.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Other facts - the landowner has turned all rights over to UKPC so cannot intervene (tried that route, they contacted UKPC on my behalf but no luck).
What utter bolleaux... that is a complete fob-off from the landowner.
The landowner are still the principal and can demand their contractor cancel the invoice. They are probably getting a kick-back and don't want to get it cancelled.0
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