PCNs issued on wrong road?

pj1115

Hi

I received 3 private PCNs from UKPC for parking in a restricted area - two for a single two-day stay in July and another for a day in August.

The thing is... Both times the car was parked on a public road, and NOT in the private road claimed by UKPC. The public road (residential and with no yellow lines) leads into a private residential road which is managed by UKPC, but the start of this is distinguished with yellow lines, UKPC signposting and a change in the road's colour.

I haven't appealed using templates in response to any of these - there was no way I was appealing for a contravention on a contract I didn't enter into... For those first two PCNs, I received NTKs, letters from their debt agency (Debt Recovery Plus ltd) and later two apologies from UKPC following my letters.

For the third PCN, I took the same approach, informing them that they were mistaken (including my photos, maps, and their OWN photographic evidence), but have continued to receive letters from them and their debt agent. I've since written a very strongly worded letter telling them that my intention is to:

1. Make a complaint to the council
2. Make complaints to the DVLA and BPA for breaking their rules around acquiring the registered keeper's information
3. and consider legal action for compensation for the large number of distressing letters over a debt not owed, and for my time in managing the problem

They responded to me via letter and Resolver.co.uk saying it's too late to appeal and that I need to make payment to DRP. Do I have any hope at this point for not paying? Should I follow through on my threat for legal action? This has been countless hours of my time and caused lots of distress with my family..

Appreciate any guidance

Quentin

Read up on this in the Newbies FAQ thread.

You now ignore everything except court correspondence or a letter before court action

Come back for advice on how to deal with this if it comes to this.

They have 6 years to start legal action against you

System

The thing is... Both times the car was parked on a public road, and NOT in the private road claimed by UKPC. The public road (residential and with no yellow lines) leads into a private residential road which is managed by UKPC, but the start of this is distinguished with yellow lines, UKPC signposting and a change in the road's colour.

Get something from either the Land Registry or the council to show where you were parked. If they are ticketing on the highway then raise it with the Parking department of the local authority and then Trading Standards. Ticketing on the highway is simple fraud and they have been found guilty of fraud before.

Grimble

Report them to trading standards.

pj1115

Thanks all! DRP have written to me to "confirm" that the PCN was issued legitimately and to "educate" me on the definition of harassment. Interestingly I just got confirmation from the local council that I'm right - those PCNs were issued on public highway.

I am genuinely considering taking them to court myself! I have spent a lot of time and become very stressed by all this, fearing a CCJ or something.

I'm also planning to contact the DVLA, trading standards, the BPA, and the local council... I'm sure lots of other people have been ticketed and paid up! Any way to force UKPC's hand and maybe get those people their money back?

The_Deep

Is this not a matter which may be of interest to the police as well?

Coupon-mad

Do report them, with your proof, to the BPA and DVLA and Trading Standards.

pj1115

Hi everybody,

A different person at the local council has written to me and said that I may in fact have been parked on the private road! The change in surface doesn't match the OS maps they have.

I'm now getting letters from Zenith Collections offering me a discounted rate of £80... I'm assuming the advice will be not to pay?

I also have another problem, the car's RK is my dad though I keep it at another address day-to-day. He's worried about a CCJ, how can I make sure that I am liable and not him as keeper?

Appreciate any help

KeithP

pj1115 wrote: »

I'm now getting letters from Zenith Collections offering me a discounted rate of £80... I'm assuming the advice will be not to pay?

You are right.
Unless it's £80 total for all three - that might be worth considering - but only if you were parked on private land.

pj1115 wrote: »

I also have another problem, the car's RK is my dad though I keep it at another address day-to-day. He's worried about a CCJ, how can I make sure that I am liable and not him as keeper?

To get a CCJ, first you have to lose any court case.
Then you have to fail to pay whatever the court orders.

In other words, if you pay up soon after losing at court then no CCJ will remain on file.

Anyway, who's talking about losing.

So all the way through this thread, where you have mentioned 'I' you actually meant your father?
E.g. it was your father who received all the NTKs.

The difficult bit might be that if any court case does take place, then your father would be the defendant unless he takes action before then and names the driver.
I make no comment on whether that is the right thing to do or not.


You need to determine whether the parking was on a public road or not.
That is crucial.

pappa_golf

pj1115 wrote: »

Hi

I received 3 private PCNs from UKPC for parking in a restricted area - two for a single two-day stay in July and another for a day in August.

The thing is... Both times the car was parked on a public road, and NOT in the private road claimed by UKPC. The public road (residential and with no yellow lines) leads into a private residential road which is managed by UKPC, but the start of this is distinguished with yellow lines, UKPC signposting and a change in the road's colour.

I haven't appealed using templates in response to any of these - there was no way I was appealing for a contravention on a contract I didn't enter into... For those first two PCNs, I received NTKs, letters from their debt agency (Debt Recovery Plus ltd) and later two apologies from UKPC following my letters.

For the third PCN, I took the same approach, informing them that they were mistaken (including my photos, maps, and their OWN photographic evidence), but have continued to receive letters from them and their debt agent. I've since written a very strongly worded letter telling them that my intention is to:

1. Make a complaint to the council
2. Make complaints to the DVLA and BPA for breaking their rules around acquiring the registered keeper's information
3. and consider legal action for compensation for the large number of distressing letters over a debt not owed, and for my time in managing the problem

They responded to me via letter and Resolver.co.uk saying it's too late to appeal and that I need to make payment to DRP. Do I have any hope at this point for not paying? Should I follow through on my threat for legal action? This has been countless hours of my time and caused lots of distress with my family..

Appreciate any guidance

do the authorities and the BPA /DVLA know about tickeing on public road?

muleskinner

The onus is on them to prove you were on private land, not the other way round.

If, from all your photographs and the signage, it looks to any normal person that you were on public land then I would say there's a very strong chance you will win. A motorist won't be able to phone the council and check OS maps on the day, that's ridiculous.

In court the PPC's evidence is likely to be shoddy and unconvincing. The person you are up against will more than likely be a hired rep from Gladstones who has never visited the site.

I just won a case on pretty much exactly this point.