UKCPS - “No Stopping” Parking Charge

Sawdust_Caesar

Coupon-mad said:

Theres threats relating to court costs and also a reminder about the Supreme court ruling of 2015, where the court ruled that the parking charge was lawful. Funny, I've just checked the previous letter they sent and there was no mention of this groundbreaking caselaw.

It was groundbreaking case law and they are correct - you have read ParkingEye v Beavis and understand how your case is different, we hope?

https://www.supremecourt.uk/cases/uksc-2015-0116.html

Coupon mad, thanks again for your help. I've had a good read of the Supreme Court judgement of 2015 to which they refer. Why they couldn't just refer to the case as Parking Eye v Beavis is not lost on me. I think they didn't actually intend for me to read it presumebly in case I spotted that it hinges on the driver entering into a contract with UKCPS, which was never allowed to happen and not designed to do so, and that any penalty is not disproportianate to the damages suffered to the landowner and to the rights of the consumer. Its not relevant to my case, am I right?
I wish they would just cut to the chase and get it to court.

Coupon-mad

This doesn't make sense:

any penalty is not disproportianate to the damages suffered to the landowner and to the rights of the consumer. 

You case is different because of the signs and that it wasn't a parking event.    Brief stopping is not parking.

EKG48

Hi, I was wondering whether anybody has had court action actually started against them in relation to gateway house. I Am in a similar situation to others. Received notice of a parking charge dated 17.12.2019 for stopping to drop somebody off at Gateway House near the side entrance to pic train station. Responded to inform them that the recipient of the charge was not the driver of the vehicle at the time. Have since received various letters from Debt Recovery Plus all of which I have ignored. The latest purports to be a Final Settlement Offer of £160 to avoid court action. Intend to continue ignoring but just wanted to see where others are up to/if anybody has received anything beyond this stage? 

Umkomaas

I can't recall any. UKCPS are not as litigious as they have been previously. But they do have 6 years to issue court proceedings so we can't guarantee anything I'm afraid. But my gut feeling is that if they were so confident of their position, there would have been a few court cases by now. But it's wait and see ........

Sawdust_Caesar

EKG48 said:

Hi, I was wondering whether anybody has had court action actually started against them in relation to gateway house. I Am in a similar situation to others. Received notice of a parking charge dated 17.12.2019 for stopping to drop somebody off at Gateway House near the side entrance to pic train station. Responded to inform them that the recipient of the charge was not the driver of the vehicle at the time. Have since received various letters from Debt Recovery Plus all of which I have ignored. The latest purports to be a Final Settlement Offer of £160 to avoid court action. Intend to continue ignoring but just wanted to see where others are up to/if anybody has received anything beyond this stage? 

Hello,  I think I am one letter down the line from you. I've had three from debt recovery plus. The latest 'Final offer before court action'  being a reduced fee of £144. I've not replied. 

Owain1981

I’ve had that letter too... I really hope this goes to court. It will be a right laugh. We should all turn up, Can’t wait. Bring it on. 

chijiokeike

Hi,
Need some advise please.
I got the No stopping PCN from UKCPS for Gateway House Picadilly. I sent them a reply using the blue text template in the Newbie forum. They have now replied stating the below:
"Unfortunately we are unable to process your appeal at this stage as the 21 days' time frame detailed in the IPC code of practice has lasped. Therefore, the carge will stand.
You have stated that you are unwilling to name or unsure who was the driver of the vehicle at the time of the event.
Unless the full driver details are provided the charge will be pursued against yourself under assumption you were the driver at the time.
The location where the vehicle was parked is private land where no stopping, parking or waiting is permitted at any time. By parking the vehicle the driver contractually agrees to pay a parking charge
UKCPS ltd can only address the factual issues of where and how you parked. We will not enter discussions about the legality of parking on private land or of the landowner's right to impose parking conditions on their property. We will only answer points relevant to the specific parking event all other points you may have made are irrelevant to the appeal.
Please find enclosed Photographic evidence of the vehicle parked at Gateway House Piccadilly. UKCPS Ltd are providing the enclosed images in relation to the event which occurred at the date and time stamped on the images. The images are considered to be personal data under the Data protection Act 2018 (GDPR) and as such must not be used outside of the reason they have been supplied, which occured around the date and time stamped on the enclosed images. Should you use these images for any other reason, then you will be in contravention of the Data Protection Act 2018 (GDPR).
Please not the enclosed images do not identify the driver or any other living individual as defined under the Protection Act 2018 (GDPR). Under POFO Act (2012) it is the registered Keeper's responsibility to identify the driver should they so wish.
These images are provided to the Register Keeper, as idetified by the DVLA, or the driver as identified by yourself. If you are not the correct recipient of this data, then it must be destroyed or returned to the sender.
Yours Sincerely,
UKCPS Ltd."
Funny part is obviously they thought I was appealing with the blue text letter. What I want to know is if the images change anything? The images show me clearly leaving the car, and I can be identified from them as I walked straight past the CCTV to pick up a food order from LEON, must have been parked for less than 5 mins, I have proof of the food order as well. Is the advise still to ignore these scammers regardless?
Any advise would be much appreciated.

Umkomaas

Any advise would be much appreciated.

Wait until you receive a Letter of Claim from solicitors or a real court claim via the Northampton CCBC. Then come back and open a new thread of your own. 

There's no silver bullet for an IPC AOS operator PCN - but in the context of UKCPS and Piccadilly, there have been no court cases reported here.  You just have to ride this out. It's fair to tell you that a parking firm has up to 6 years to file a court claim, but I wouldn't lose any sleep over that!

Coupon-mad

AND - get ANGRY and GET EVEN about this scam! 

Please now make a real difference because not enough people have::

A TASK FOR SEPTEMBER:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

HOW TO DO THE SUBMISSIONS:

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

 

On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

 

But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

 

You have to click ‘submit’ separately for each individual clause response.

 

Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

 

chijiokeike

Hi,
I have now received a letter before claim from CST LAW for the PCN and they have given me 30 days to reply, before commending court proceedings. Any advise on how to reply would be appreciated.