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What are problems if debt recovery DO have driver's name and scan of license?

124

Comments

  • Was UKPCM there at the time or have been there for years?   Or another parking firm before them?

    Or is all this new for the estate, which was previously unrestricted?

    I have asked and I'll reply when I know
  • The unattended part is basically a non starter. Their allegation is a simple one - not parked within a marked bay. 
    Not sure I have much of a defence against that then.

    Friend  has legal vehicle access to their property via a garage. I was temporarily loading in front of a property as a visitor with their express permission?

    Again, I appreciate this may be getting too into the legal weeds for help here.


     
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 April 2021 at 1:41AM
    Loading is a decent defence point at a residential site, even out of a bay - see Jopson v Homeguard (appeal case, so it's persuasive on lower courts):

    http://parking-prankster.blogspot.com/2016/11/residential-parking.html


    That article is for your info, and within it is the transcript of Jopson, from a respected Senior Judge.  You have good grounds and also this was a predatory ticket.  Clearly, if you were there to be seen, loading/unloading then a sneaky photo or two taken in a minute or two is not fair parking management.  


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 11 April 2021 at 10:32AM
    Jopson versus Homeguard has been discussed in numerous threads on here over the years , including this one

    Predatory ticketing is definitely in the CoP too

  • Was UKPCM there at the time or have been there for years?   Or another parking firm before them?

    Or is all this new for the estate, which was previously unrestricted?

    He doesn't know the history. It has been private parking there since he moved in, but isn't aware if the company ever changed in the 8 years he's lived there.  
  • That article is for your info, and within it is the transcript of Jopson, from a respected Senior Judge.  You have good grounds and also this was a predatory ticket.  Clearly, if you were there to be seen, loading/unloading then a sneaky photo or two taken in a minute or two is not fair parking management.  

    Yes, I had found this Jopson case myself and referenced it in my initial dispute with the first UK CPM fine. 
    Although Miss Jopson was a leaseholder whereas I was a visitor, so not sure if I could expect the same judgement.

    It does seem to justify loading not being equivalent to parking, as does the Bulstrode v Lambert case. 

    I argued that loading with express permission of landholder does not count as 'parking outside a marked bay'.


      
  • Perhaps I should explain my chain of events:

    Received PCN from UKCPM
    Appealed against it to them - failed
    Appealed to IAS (independent appeals service) - failed.
    I have since been ignoring all Debt Recovery Plus letters.
    Most recently have ZZPS letter.

    Have I missed any steps?
    It seems a letter to my MP is something I need to send. 




  • Le_Kirk
    Le_Kirk Posts: 24,311 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Reading back through the thread it doesn't seem as if you have actually received a N1 court claim form from Northampton CCBC.  Is that correct or have I missed it?
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