We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

UKPC/SCS LAW dragging me to court for parking and leaving site

13

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,933 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 December 2016 at 11:03PM
    hycene wrote: »
    Yes the car park is for multiple stores, I guess...and I don't know the owner but will do a search on landowners site...

    And how important is that information to me?
    I thought UKPC contract with the landowner is the important thing.

    TBH I would concentrate on a defence - it is too late to complain now IMHO. Put UKPC to 'strict proof' that the driver left the site and state that you have evidence (Bank Statement) that they didn't and that they were shopping in Aldi. Mention the Ibbotson case (there is a transcript hosted by the Parking Prankster.

    UKPC will have no photo evidence of anyone leaving the site.

    The signs do not define 'the site' nor show a boundary map either. And the signage is in pale, unreadable small print.

    DO NOT talk about 'no loss' in your defence, steer well clear of it. And if you were the driver I'd probably say so seeing as you got a NTK and so it will have been served in time (and the wording is OK these days so I would forget the POFA, personally, and concentrate on being an honest defendant & witness driver who didn;t leave the site and will stand there and say so).

    Have a look at all the other UKPC defences written this year, e.g. those listed here in Diego Fuego's thread:

    https://forums.moneysavingexpert.com/discussion/comment/71444083#Comment_71444083

    HTH - a couple were lost but most defended here v UKPC were won or discontinued.
    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 THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if all else fails in your owner research, pay the LAND REGISTRY a few quid to get the details (why people forget about the official government LAND REGISTRY is beyond me ?)
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 27 December 2016 at 12:32PM
    Aldi have not been on that site for all that long, The Range, Mothercare and the wine shop have been there much longer, as has TGIF. But the biggest resident used to be Courts.

    The site adjoins the railway so this might be connected to GWR.
    You never know how far you can go until you go too far.
  • hycene
    hycene Posts: 10 Forumite
    The_Deep wrote: »
    Aldi have not been on that site for all that long, The Range, Mothercare and the wine shop have been there much longer, as has TGIF. But the biggest resident used to be Courts.

    The site adjoins the railway so this might be connected to GWR.


    What's GWR?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    God's Wonderful Railway.
    You never know how far you can go until you go too far.
  • hycene
    hycene Posts: 10 Forumite
    Redx wrote: »
    if all else fails in your owner research, pay the LAND REGISTRY a few quid to get the details (why people forget about the official government LAND REGISTRY is beyond me ?)


    Paid £3 on Land registry site and got this information about the owner,

    Registered Owner(s) : AVIVA LIFE & PENSIONS UK LIMITED (Co. Regn. No. 3253947) of Wellington Row, York YO90 1WR and care of Aviva Legal Services, PO Box 432, 6th Floor, Carrara Surrey Street, Norwich NR13PW.
  • Umkomaas
    Umkomaas Posts: 43,890 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    hycene wrote: »
    What's GWR?

    Google Will Reveal. :cool:
    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 Street
  • Coupon-mad
    Coupon-mad Posts: 155,933 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    hycene wrote: »
    Paid £3 on Land registry site and got this information about the owner,

    Registered Owner(s) : AVIVA LIFE & PENSIONS UK LIMITED (Co. Regn. No. 3253947) of Wellington Row, York YO90 1WR and care of Aviva Legal Services, PO Box 432, 6th Floor, Carrara Surrey Street, Norwich NR13PW.
    OK so don't tip off UKPC that you know that. Keep that information in readiness for your Witness Statement and documents served shortly before the hearing in 2017.

    You need to prepare your initial defence statement now (no documents or photos at this stage).

    You will find in the examples UKPC defences (the ones I told you where to find the usernames for) that one standard defence point is always that there is no evidence of a chain of authority flowing from the landowner to UKPC, which grants UKPC any standing or right to form contracts in their own name or sue drivers who visit the shops.
    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 THREAD
  • hycene
    hycene Posts: 10 Forumite
    Coupon-mad wrote: »
    OK so don't tip off UKPC that you know that. Keep that information in readiness for your Witness Statement and documents served shortly before the hearing in 2017.

    You need to prepare your initial defence statement now (no documents or photos at this stage).

    You will find in the examples UKPC defences (the ones I told you where to find the usernames for) that one standard defence point is always that there is no evidence of a chain of authority flowing from the landowner to UKPC, which grants UKPC any standing or right to form contracts in their own name or sue drivers who visit the shops.


    Thanks for the comments, am currently preparing my defence n will post it for comments when it's ready
  • hycene
    hycene Posts: 10 Forumite
    Coupon-mad wrote: »
    TBH I would concentrate on a defence - it is too late to complain now IMHO. Put UKPC to 'strict proof' that the driver left the site and state that you have evidence (Bank Statement) that they didn't and that they were shopping in Aldi. Mention the Ibbotson case (there is a transcript hosted by the Parking Prankster.

    UKPC will have no photo evidence of anyone leaving the site.

    The signs do not define 'the site' nor show a boundary map either. And the signage is in pale, unreadable small print.

    DO NOT talk about 'no loss' in your defence, steer well clear of it. And if you were the driver I'd probably say so seeing as you got a NTK and so it will have been served in time (and the wording is OK these days so I would forget the POFA, personally, and concentrate on being an honest defendant & witness driver who didn;t leave the site and will stand there and say so).

    Have a look at all the other UKPC defences written this year, e.g. those listed here in Diego Fuego's thread:



    HTH - a couple were lost but most defended here v UKPC were won or discontinued.


    Thanks for the advice...
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.4K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.4K Spending & Discounts
  • 245.4K Work, Benefits & Business
  • 601.2K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.