Noticed some changes? You can read all about the improvements we've made on the Forum in our latest announcement. We also have a new set of Forum rules so please take the time to give them a read and familiarise yourself.

Ukcps court claim

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
19 replies 3.2K views
hamster86hamster86 Forumite
9 Posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hi. I've read the sticky thread but it's all very confusing to me so thought I'd ask for help.

A short while ago a my partner car was issued with a ticket at Lincoln tentercroft street car park. A ticket was paid for and a driver returned well within the time paid for.
Turns out the space in which the car was parked was on the industrial estate, there were no viewable signs and the only boundary is a small curb.

Due to listening to other people's views the letter have been ignored as it was a invoice and not a fine. Now they are wanting to take court action do we pay the fine and be done with it or fight or ignore.

I've seen that ukcps rarely actually take court action but my partner is worried about getting a ccj against her.

Hope someone can help.

Thanks.
«1

Replies

  • edited 1 July 2017 at 7:07AM
    QuentinQuentin Forumite
    40.4K Posts
    ✭✭✭✭✭
    edited 1 July 2017 at 7:07AM
    Read up in the newbies FAQ thread near the top of the forum on how to deal with a court claim. (Are you sure you have received one?)

    There's nothing to worry about in getting a ccj.

    Only if you get one and ignore it!
  • I've read the sticky but it's confusing to me.
    The letter states it's a letter before court claim.

    I've mocked up a letter to send to them from parts from the sticky.
    I was going to contact the land owner but cannot find any information to who they are
  • Coupon-madCoupon-mad Forumite
    95.2K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    https://www.lincolnshire.gov.uk/transport-and-roads/roadworks-and-improvement-schemes/city-of-lincoln-council-transport-hub/129613.article

    Looks like parts are POSSIBLY Council owned as part of improvement work...? This might be in your favour.

    What you have described is a typical private parking scam but it must be worth £3 of your money (add it to your costs list, in case of a hearing later) by contacting the Land Registry online. It can be worth getting the Official Copy register entry, to identify the current owner and the date when ownership was last transferred.

    I understand the land 'plan' is an additional £3 but in your case it must be worth considering, as you are saying the only apparent boundary is a small kerb (not 'curb'...that's a verb, or an Americanism!).

    Do not say who was driving in your response to the LBC, and show us your draft first.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The car park itself is council owned as far as I'm aware and there is a ticket available. Since the rework as car park is now a bus station the car park has been massively down sized.

    There has been many people getting tickets from the industrial site as no one is aware.

    This is my letter which I'm sure will be of no good.
    UKCPS
    1200 Century way
    Thorpe park.
    Colton
    Ls15 8ZA


    Re PCN number: ******

    I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

    1. Who is the party that contracted with your company and are they the landowner?
    2. Is your charge based on damages for breach of contract? Answer yes or no.
    3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
    4. Please provide all photographs taken of this vehicle.
    5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

    Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

    Since you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I have not given you consent to process data relating to me or this vehicle.

    I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA.

    If myself or any other driver of this vehicle had been parked unduly then I'm willing to send is £3.50 (a reasonable parking cost) as a goodwill gesture to be payable to the land owner, and £10 to cover any administration fees.

    I have revisited the site that you 'say' the alledge offence was commited and I believe that your signs fail the test of 'large lettering' and prominence. Your unremarkable and obscure signs would not have been seen by the driver, are in very small print and the terms are not readable to drivers.


    !You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    If you need more information from me, please let me know as soon as possible. I attach a cheque for £10.00 covering the maximum cost under the Data Protection Act 1998. Should you not levy a fee for SARs or only a lesser amount I would request you return any surplus amounts when supplying my information.





    Yours faithfully,
  • edited 30 June 2017 at 11:41PM
    Coupon-madCoupon-mad Forumite
    95.2K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    edited 30 June 2017 at 11:41PM
    Since the rework as car park is now a bus station the car park has been massively down sized.

    There has been many people getting tickets from the industrial site as no one is aware.

    Needs to be publicised - are you up for telling your local paper, WITHOUT saying who was driving? Protect your position in case of a claim, in case the land is actually Council owned, in which case a keeper can't be held liable, only an admitted driver. Don't be that person.

    As this area of land has changed a lot recently, and the car park was closed for work, downsized then re-opened, who is to say where those boundaries really are (Land Registry seems key!).

    Your letter will do no harm*, it doesn't say who was driving and it shows you have consulted a forum. I would change the questions at #2 and #5, as the previous versions are not very helpful IMHO:
    1. Who is the party that contracted with your company and are they the landowner?
    2. This land appears to be owned by the Local Authority. If you agree, you will be aware that the POFA does not apply in any land under statutory ownership/control. If you disagree, please provide a Land Registry map.
    3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
    4. Please provide all photographs taken of this vehicle.
    5. Please explain the reasons why UKCPS was recently sanctioned by the IPC and banned by the DVLA, and what steps have been taken to avoid such rogue ticketing since then, because I have genuine concerns about your business model and modus operandi at this site.



    * I would not be sending these scumbags a tenner, it's not written as a SAR.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • hamster86hamster86 Forumite
    9 Posts
    I'm willing to tell the papers etc. I have no issue with that. There has been articles on social network sites about parking fines from this company on that site over the last few months.

    I'll adjust the letter and get it posted asap.

    I'm working on getting land owners details to send them a letter too.
  • hamster86hamster86 Forumite
    9 Posts
    It seems the land is owned by the coop group but they have a chartered surveyor that works on their behalf for the site. Whether that's just for the units on site or the land I'm not sure
  • SystemSystem Forumite
    177.9K Posts
    10,000 Posts Name Dropper
    ✭✭✭✭✭✭
    This location. If it is the large P on the right is confusing as people would think it applies to the industrial estate's car park on the right too.

    muxxyg.jpg
  • That's correct. Although the entrance to the public carpark is now through the industrial car park. So it very confusing. The car in which I mentioned was parked roughly where that black car is facing in the same direction. As the parking meter was directly in front it's hard not to see why it wasn't allowed
  • SystemSystem Forumite
    177.9K Posts
    10,000 Posts Name Dropper
    ✭✭✭✭✭✭
    I'd contact the local Council about the signs installed with regards to planning permission. Also ask the Trading Standards at Lincoln for any complaints (number not detail) about the confusing signs. Also ask if any communication between Co-Op and the council about the demarcation between what appears to be two car parks - theirs with the pay and display machine and the parking on the industrial estate.

    Going back to dealing with the claim, you Acknowledge to ensure you get the extra 14 days and then put in a defence which should concentrate on the confusing signs and demarcation between the two sites. Add in the defence that you are seeking clarification about the problems at the site from the council. This last part is to flag up to UKCPS that if they take it further, they may get an adverse ruling that would spoil their honeypot there.

    The last thing a PPC wants is an adverse ruling at a site where they are issuing tickets like confetti.
This discussion has been closed.