Third Charge from UCKPS

SirDigby

Good Evening all,


Firstly, whilst my case/situation may not but unique, I feel my previous actions make this a relatively unique case and something I couldn’t quite find on the forums in previous threads. If this is not the case, apologies.


I initially received a windscreen parking charge from UKCPS outside the house I live for parking in space without a valid permit or authority, my flatmate who owns the house (Leaseholder) is using the spot allocated to the property. Regrettably being a new driver, I paid this off in a hurry and forgot all about it. I continued to occasionally park the car over night when there was no off-street parking available but was quick to move the car early morning before work. HOWEVER, I have received an additional two ‘Notice to Keeper’ [MNPR] letters in the post with photographs of my vehicle taken at 22:19pm. Again regrettably, I have paid one off but upon receiving the second ‘Notice to Keeper’ letter a few days later I have had enough and up this point ignored it.



The car is registered to a different address to the one I currently live at. I was recently informed that another letter from a company called ‘Debt Recovery Plus’ has arrived regarding the second ‘Notice to Keeper’ letter that I ignored asking for £160 to paid within 2 weeks. This has increased from the original cost of £130 for no apparent reason. They also claim that If I don’t pay this within the given time, DRP will recommend to their ‘client’ (UKCPS) that they take court action against me.
To give you a bit of background the car park is in a private residential complex, with entry gained via a gate using an electronic fob (one of which I have). It is worth noting that whilst there are UKCPS signs they are no visible upon entering the car park. Secondly and probably less important, the space hasn’t been used in the past 14 months I have lived here.


What I’m hoping you can tell me is this too far along to carry out the recommendations in the sticky thread? Have I essentially diminished any chance of avoiding paying this due to paying two previous parking charges?


Apologies for the length of the post, just felt I needed to give as much information as possible.
Happy to answer any queries you have and I appreciate your time to read my post.


Thanks
Digby

Coupon-mad

SirDigby wrote: »

What I’m hoping you can tell me is this too far along to carry out the recommendations in the sticky thread?

Nope, ''ignore the debt collector stage'' is covered by the 4th post of the sticky.

Have I essentially diminished any chance of avoiding paying this due to paying two previous parking charges?

Not at all. It's a shame you fed the troll firm under your bridge(!) but at least you know better now.

No doubt they were looking for your car more often, as you'd paid up, putting you on a mugs list of victims, just the sort of person they target.

Paying one or two scams doesn't affect the third scam, if you have a defence (and there is always a defence in a residential case).

To give you a bit of background the car park is in a private residential complex, with entry gained via a gate using an electronic fob (one of which I have). It is worth noting that whilst there are UKCPS signs they are no visible upon entering the car park. Secondly and probably less important, the space hasn’t been used in the past 14 months I have lived here.

Have a look at bargepole's example defence in post #2 of the sticky thread, about a car park accessed by key fob (a place that has no need for a scumbag PPC ex-clamper to infest it for any legitimate interest at all).

my flatmate who owns the house (Leaseholder) is using the spot allocated to the property.

What does his lease say about any right to park, does it only allow tenants and visitors to park in allocated bays?

Does it mention permits (doubt it)?

What does it say about rights of way, rights to peaceful enjoyment?

What does his lease/schedule say about the Rights of Third Parties Act?

Do you have a tenancy agreement? Does the leaseholder say you can park there - I assume so if he gave you a spare key fob - and would he put that authority in writing later, at Witness Statement stage if the scammers sue?

How come he has more than one key fob, but only one bay?

Were you taking up another flat owner's bay, or off to the side/elsewhere?

SirDigby

Thanks for the swift and informative reply Coupon.

Not at all. It's a shame you fed the troll firm under your bridge(!) but at least you know better now.

I know, tell me about it, after reading around on here, I feel incredibly guilty

Have a look at bargepole's example defence in post #2 of the sticky thread, about a car park accessed by key fob (a place that has no need for a scumbag PPC ex-clamper to infest it for any legitimate interest at all).

Referring to Bargepoles case, there a numbers on the bays allocated to each property. I presume UKCPS either use the CCTV that monitors the gate or send a goon round each day to check, very, very sad if its the latter.



I'll read through his lease agreement and search the points you've raised. I don't have a tenancy agreement, the owner is a friends, so wasn't done through a landlord tenant channel. What I can say is there is a visitor car park around the side of the complex that allows for 2 hour max stay, this is shared with council parking permit holders.

How come he has more than one key fob, but only one bay?

The key fob one is an odd one. There are two car parks, one above and one below. Whilst I was using the above car park, I borrowed the fob to simply open the gates and park up, then simply give it back. However, the below car park uses the same fob the comes with a set of keys used to access the complex, this being a three bedroom house, there was three sets.

Were you taking up another flat owner's bay, or off to the side/elsewhere?

Technically yes, but around 95% of the properties that use the top car park are short term tenants (students)


Moving forward, is it best to send one of the templates from the stickies and wait for a reply?



Thanks again Coupon Mad.

Coupon-mad

UKCPS don't use CCTV, so they send a 'person who needs a real job' round.

Moving forward, is it best to send one of the templates from the stickies and wait for a reply?

Yes you are best to dispute it. I just changed the appeal in blue writing, in the NEWBIES thread, but to UKCPS and NOT to DRP, you can safely laugh at them!

The car is registered to a different address to the one I currently live at.

OK, in your letter to UKCPS you might be best updating your address unless the old one is your parents' address that's more likely not to change in the next 6 years.

SirDigby

Typically UKCPS don't have a dispute e-mail, instead I'll have to send a letter.



That's why the car is registered to my family home, whilst I may be in this property another year I may not be.


I'll send a letter off and let update the thread in due course.


Many thanks for your advise and guidance Coupon, much appreciated.

SirDigby

Just thought I'd update the thread on my current actions, to inform others and check im doing this correctly. Complaint letter to be sent to UKCPS using template from sticky. I am also making a formal complaint to the property management company, Kingston Property Services, hoping that that can cancel once I tell them I'm a resident.

Regarding the template letter, is it worth listing reasons why I am not accepting liability, e.g unclear signage upon entry, being a resident of the complex with fob to access gate so am by definition authorised to park etc?

The_Deep

This has increased from the original cost of £130 for no apparent reason.[/B

This seems odd, the PCN should never exceed £100. Dis you pay thrm £130 per ticket previously?

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

nosferatu1001

Theyve started bolting on £30 "admin" fees to NtKs.

Coupon-mad

being a resident of the complex with fob to access gate so am by definition authorised to park etc?

Yes but not saying who was actually driving... so not 'me' or 'I'.

So you'd be saying something like:

All residents at this address have key fobs to access the gate, and all drivers using the keyfob are de facto 'authorised' by the leaseholder - whether or not a permit is displayed - and such authorised drivers are neither trespassing nor entering into any contract with a third party, since the leaseholder has primacy of contract.

SirDigby

This seems odd, the PCN should never exceed £100. Dis you pay thrm £130 per ticket previously?

Theyve started bolting on £30 "admin" fees to NtKs

.

I presumed this was some sort of dubious 'Admin' fee.

Yes but not saying who was actually driving... so not 'me' or 'I'.

Thanks for that Coupon, is it also worth mentioning about inadequate signage upon entry?

FYI i'm looking through my freinds (Landlord) lease tonight for the points you raised earlier. If I find out that they don't mention permits, I'll be adding that into to letter to UKCPS.

Thanks to all for taking the time to read and contribute, it's appreciated.