Scs law lbc by ukpc

KeithP

https://drive.google.com/drive/folders/1nquAbNvGtZVo-UMC2d4qRUYE8gO_gyMj

http://linksharing.samsungcloud.com/1526333277573C8EwAkT

Both those links work.

And as you say, that copy of the contract that they have supplied with the Healthcare NHS Trust expired on 31 March 2015 with no mention of continuation.

Honey-Dee

KeithP
Thank you.

Umkomaas

And as you say, that copy of the contract that they have supplied with the Healthcare NHS Trust expired on 31 March 2015 with no mention of continuation.

There's an 'in perpetuity' clause in the 2015 Witness Statement.

I don't see the authority of the contract principal for UKPC to conduct court proceedings in their own right. BPA Code of Practice requirement.

http://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf

7.2. If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

[Deleted User]

There's an 'in perpetuity' clause in the 2015 Witness Statement.

No there's a reference to that in the statement: there's no such clause in the contract.

In principle, if the services continue to be provided without cancellation, then it may now be deemed a rolling contract terminable on notice, but it certainly isn't fixed in perpetuity and neither would NHS England permit such a scheme.

If the o/p is correct and the wardens are incentivised, then the scheme of payment is key - see link below. An "eat what you kill" scheme is not permitted.

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Fwiw I sympathize with the o/p. I'm at SMH a decent amount and those guys are vicious, to the point I've photographed bays to show there are no markings on occasion.

Honey-Dee

There's an 'in perpetuity' clause in the 2015 Witness Statement

Good morning and thank you. This is my point, although it stated "in perpetuity" it also stated or until terminated and the contract did have a termination date. However, statement letter come after termination date!
So is the contract still valid? Thanks

fisherjim

Johnersh wrote: »

If the o/p is correct and the wardens are incentivised, then the scheme of payment is key - see link below. An "eat what you kill" scheme is not permitted.

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Have a gander at this:


http://parking-prankster.blogspot.co.uk/2017/03/ukpc-announce-new-bonus-scheme.html

[Deleted User]

Interesting. The gov.uk website appeared to go further - it would bite if the revenues solely went to the PPC.

I suspect they may not, simply because of high turnover/profit at hospital sites, but worth asking the question.

Honey-Dee

Hi all,
I HAVE DRAFTED A REPLY, PLS SEE IT BELOW. IS THIS OK TO SEND?

Dear Mr ****

Thank you for your reply to my email.
I have gone through the evidence provided by your client thoroughly and found that:

1) there is no letter from the landowner granting your client permission/authority to proceed with legal action in this matter.

In the witness statement your client provided, clause 10 of that statement stated that "the operator is authorised to pursue outstanding parking charges in accordance with the BPA AOS code of conduct".

As you and your client are well aware, the BPA AOS Code of conduct clause 7.2 stated: "If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken".

In this particular case, as I have stated before, your client has no written authority to proceed with legal action against the keeper of the vehicle.


2) the other matter is the issue of the contract your client provided in the evidence, the contract lapsed on the 31st of March 2015. You did include a witness statement stating the contract is "in perpetuity until terminated" and It was terminated on the 31st of March 2015.


Many thanks
*********


IS THERE ANYTHING ELSE I OUGHT TO ADD?
Thank you all.

Guys_Dad

Not "Many thanks" for heaven's sake.

It should really be a "Dear Sir....................Yours faithfully" letter.

Does the contract give them authority to take legal action? If not, put that in as well.

Umkomaas

Guys_Dad wrote: »

Not "Many thanks" for heaven's sake.

It should really be a "Dear Sir....................Yours faithfully" letter.

Does the contract give them authority to take legal action? If not, put that in as well.

+1

It is the contract with the landowner that needs to include the authority to take legal action, not 'a letter from the landowner'.