UKPC LBC Residential parking

xscape

I'll check into the freeholder as I can't recall how it worked. The scheme was brought in by the managing agent and I have requested copies of correspondence from when this was introduced.

Coupon-mad

Mutiple tickets date from 2014 for parking in a designated area (visitor space) without a permit and overstaying allowed time as per signage. Total outstanding including arbitrary additional charges (£60 added if referred to debt recovery agent, total £150 per charge) circa £2k.

xscape wrote: »

Looks like we're on somewhat shaky ground and I'm not confident of favourable outcome.

Shakier ground would be if you gave up and paid a silly amount over two grand, given that they have added an unrecoverable, MADE UP 'debt collection fee' of £60 a pop.

What's the TRUE (alleged) sum, £90 x how many PCNs?

Even if you lost the battle on the PCNs at £90 each, you could win the war re the £60 and other LUDICROUS add-ons that SCS Law put in a 'costs schedule' seen several times before* - none of which (except the court fees) is recoverable, pursuant to the:

- Beavis case
- CPRs
- BPA CoP
- POFA 2012, which they WILL NOT have complied with in terms of Notices to Hirer sent to you...

Any chance that more than one person was authorised to use that pool car, among your family, to cast doubt over who parked on each occasion? That (not knowing who was driving) makes them have to rely on 'hirer liability' under the POFA and they will fail if you get your head round para 13 and 14 of Schedule 4 of the POFA 2012.



*AS SEEN IN THIS THREAD, POST #68:

https://forums.moneysavingexpert.com/discussion/5893813/court-claim-ukpc-scs-law-defence-pending-immediate-submission

xscape

Loads of food for thought there, many thanks!

xscape

So, reply evidence bundle received.

- No reference to the driver being named by previous employer
- All letters sent to previous employer
- Regarding POFA, SCS law stated:
Yes, our client is relying on Schedule 4 of the Protection of Freedoms Act 2012. We confirm that the Notice to Keeper letters have been sent to you in accordance with the above and within the stipulated time frames.
The company received the letters, not me.
- Overstay tickets mentions a time period of monitoring of a few hours (e.g. 01:00-0400 when 48hrs is the time permitted)
- Photos of signage are poor quality and illegible, they (SCS Law) state:
The signage attached confirms that each parking charge was for the sum of £90.00 and would have been reduced to £50.00, if paid within 14 days. Given that the parking charges remained unpaid, the parking charge notices were passed to our client’s debt recovery agent and an additional charge of £60.00 was applied as outlined on the signage. Accordingly, each parking contravention for which you are liable is in the sum of £150.00.

- Contract with managing agent has several commercially sensitive parts redacted (standard practice but I strongly suspect revenue sharing agreement on tickets)

I am also in contact with the managing agent to fight it and to request the contract in full and details of the consultation/correspondence with owners prior to altering leasehold terms.

I am really unsure on how best to dissect all of this this in my reply.

There is enough there in my view to fight this. My biggest fear is a loss in court resulting in a CCJ, does this only apply if left unpaid immediately?

ravibikkann

parked car at residential flat we rent . landlord has given a parking permit . All it has is a permit number and no dates or site address
This was displayed on dashboard

UKPC have sent a notice now to pay charge as they claim the permit was not valid for the site ?
But this wash the permit my estate agent gave on behalf of landlord who appointed UKPC ? Agent claims I should have written site address on permit by hand ! I said If ai write permit myself how is that valid ? then they agree Ther shouldn’t be charge . But how do I resolve this .. any advise ?

Le_Kirk

1. Don't hijack other poster's threads
2. Go to the NEWBIE section, read it thoroughly and then, if you still have specific questions, start your own thread using the NEW THREAD button.

xscape

Thanks for the inadvertant bump, does anyone have any thoughts on what to use in my next reply.

Wife was also authorised to use the car but would have to prove it and the previous employer may or may not be willing to do so.

xscape

I'm not sure what the etiquette is here but I'm giving this another bump for visibility.

KeithP

xscape wrote: »

My biggest fear is a loss in court resulting in a CCJ, does this only apply if left unpaid immediately?

Firstly, you need to lose a court case.

A CCJ only remains if you fail to pay the amount ordered in the tiemscale allowed by the Judge.



So you have responded to a Letter of Claim and the Claimant has replied.

You are now at the easy bit - sit back and wait patiently for a Claim Form to drop through you letter-box.

Coupon-mad

xscape wrote: »

So, reply evidence bundle received.

- No reference to the driver being named by previous employer
- All letters sent to previous employer
- Regarding POFA, SCS law stated:
Yes, our client is relying on Schedule 4 of the Protection of Freedoms Act 2012. We confirm that the Notice to Keeper letters have been sent to you in accordance with the above and within the stipulated time frames.
The company received the letters, not me.
- Overstay tickets mentions a time period of monitoring of a few hours (e.g. 01:00-0400 when 48hrs is the time permitted)
- Photos of signage are poor quality and illegible, they (SCS Law) state:
The signage attached confirms that each parking charge was for the sum of £90.00 and would have been reduced to £50.00, if paid within 14 days. Given that the parking charges remained unpaid, the parking charge notices were passed to our client’s debt recovery agent and an additional charge of £60.00 was applied as outlined on the signage. Accordingly, each parking contravention for which you are liable is in the sum of £150.00.

I am really unsure on how best to dissect all of this this in my reply.

There is enough there in my view to fight this. My biggest fear is a loss in court resulting in a CCJ, does this only apply if left unpaid immediately?

You have lots of points that should win this but reply back and ask for evidence of their assertions:

Say you require a copy of all letters to and from UKPC regarding these PCNs, because at the moment there is no evidence that:

(a) One of the users of this Fleet vehicle (as opposed to other users) ''was identified'' by a previous employer and if they were, why has this letter not been produced, given it purportedly names the Defendant and thus falls within the Defendant data subject's 'personal data' under the GDPR. Such letters that must be produced by UKPC (one for each PCN) and
(b) that the person named - if they were named - was the driver, and
(c) that ''liability had been transferred under schedule 4 POFA'' or
(d) that ''Notice to Keeper letters have been sent to you in accordance with the above and within the stipulated time frames'' given that this would have required multiple Notice to Hirer letters addressed the the Defendant, with enclosures as required by para 13/14 of the POFA. No such letters exist or have been produced.

In addition there is no evidence that:
(e) Notice to Hirers were ever sent, and
(f) There was an overstay, given that the lase allows 24 hours stay, and
(g) That any additional charge of £60.00 was paid to the debt recovery agent.

The style of reply can be like this one if you want to use it:

https://forums.moneysavingexpert.com/discussion/comment/75794318#Comment_75794318

You need to REALLY attack these lies, hence the robust style there to call SCS Law out.

If you haven't yet emailed a SAR to UKPC themselves, do that as well to flush out ALL letters, emails and all photos relating to that vehicle. It seems data has been withheld thus far!