UKPC, ZZPS & QDR - I am the driver, now what?

StJohn81

Hi, I've trawled the site for hours now, read the newbies section, post#4 and yes I get why you don't want more and more posts of the same.

I've read on here countless times that if I get letters from QDR or ZZPS i should just ignore them and let the letters stack up, as they have no means of actioning anything.

What that bit of advice is not taking into account is that there is still possible court cases that have to be then prepared for, having read around the forum. This is worrying, especially when I see on here that there are cases where people have indeed let the letters stack up, and then seem not to have a case in court. Like someone who parked in a disabled bay who now can't prove if the signage was inadequate. And the advise from experienced ppl on the forum is 'sorry, the judge won't like that' or words to that effect.

So how can I just simply ignore these letters?

I can only do that if I know I have some sound footing to defend a case on.

So this is why, God forbid, I am annoying you with yet another question that appears to be the same:

The question:

Where do you stand if you did not know about this forum at the time of receiving the fine, and replied with an appeal (to UKPC) more or less saying you were the driver, giving your details, and posting photos of the car park in question, (trying to point out that there was insufficient signage as far as I knew) ? I have admitted being there and not having a paid ticket in my windscreen, and said that once I was in the car park I was there shopping as a local resident (all true) but not known it was a pay and display.

They have of course rejected the appeal and asked me to pay up.

Ignored all following letters from them and ZZPS, the latest one is QDR with a 14 days notice to pay.

YES i have read to ignore. YES I have read that 14 days warning is inappropriate. YES I have read that they are adding on unnecessary charges and YES I have seen the section in how to defend them doing that.

What I DON'T KNOW is if I have harmed my case by admitting to driving the car already through the first appeal, and then whether I am screwed if it goes to court.

I don't want the stress of court proceedings now knowing if I'm on solid ground.

Further to that, I do really admire and appreciate all the work going in to help everyone in these cases. But just want to point out that telling people 'just ignore' might not be the best thing. Some cases ARE different? You advise not to admit to being the driver. Well I have, so what now?

Thanks again

Redx

You should ask yourself one simple question , then check the NTK PCN for the answer

Question , did UKPC LTD comply with POFA ? Yes or No ?

If yes , then outing the driver is irrelevant , no harm done

If asked in court by the judge or the claimant , were you the driver ? What would you your honest answer be ? Yes ?

If yes , no harm done

Read the Bargepole post about 3 months ago where he explains the difference between the two

Sometimes defending as driver is the correct option , especially if the claimant has complied with POFA

The claimant has always had the option of issuing a court claim for non payment of the invoice ( it's not a fibe ,  it's an invoice for alleged breach of contract and remains unpaid )

If you believe that someone owes you money , you have the same option , MCOL , and court !

The boot is the same on any foot

But debt collector letters are the interim impasse stages , they are powerless greedy parasites , to be ignored

Do not ignore a formal LBC or a court claim pack from the CCBC in Northampton

Your main Defence points are

No landowner authority
Poor and inadequate signage
The BPA CoP if any breaches occurred
The CRA 2015
Frustration of contract

Etc

patient_dream

Ignored all following letters from them and ZZPS, the latest one is QDR with a 14 days notice to pay.

You did the right thing by ignoring ZZPS. If you want a good laugh, read this stupid article about ZZPS, written by the boss himself.  
https://parkmaven.com/news/gary-osner-zzps-interview

Spot how a scammers mind works

QDR and a 14 day letter is another threat-o-gram. QDR are an offshoot of the disgraced Wright Hassall solicitors and any rubbish will bounce back to Wright Hassall ...... YES that really is their name ?

As the days go on, it shows that UKPC are desperate for money.  UKPC used SCSLaw who they seemed to have dumped.  At the moment UKPC are passing their claims to DCBL ... most if not all will fail anyway.

Do QDR read this forum about UKPC, it is clear that UKPC are just usng and abusing QDR as a freebie debt collector ........ Even the legals in this business can get scammed ?

All the legals must be reminded of the great UKPC fraud attempt which got them banned by the DVLA for a period of time,

UKPC  - which is now at the centre of a probe by the City of London's fraud squad - has now admitted that members of staff - who have since left the firm - exploited a 'loophole' in the firm's photograph system.

https://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html

StJohn81

Redx said:

You should ask yourself one simple question , then check the NTK PCN for the answer

Question , did UKPC LTD comply with POFA ? Yes or No ?
.........................

Do not ignore a formal LBC or a court claim pack from the CCBC in Northampton

Your main Defence points are

No landowner authority
Poor and inadequate signage
The BPA CoP if any breaches occurred
The CRA 2015
Frustration of contract

Etc

Thanks, that's a very detailed reply. A couple of questions if I may....

How do you check if they have complied with POFA?

When you say don't ignore a formal LBC, are you saying that it will definitely go to court if it is at that stage? And then what are the chances of winning? My confusion is that the general sentiment in here is that no one has to worry about anything...but then people are in court for the issue?! Is the court process easy to win then?

Fruitcake

Do not fret. You are now in the right place.

The first question to answer is, do you have a PCN?

If so, what happened when you complained to the landowner?

If you appealed, and it was indeed UKPC (who were once caught doctoring time stamps on their photo evidence) did you appeal to PoPLA? If so, what happened?

If the driver has already been outed, then one appeal/defence point may have been lost. In other words, one battle may have been lost, but not necessarily the whole war.

UKPC do take people to court. They win some cases, they lose a lot more if we help motorists.

Redx

StJohn81 said:

Redx said:

You should ask yourself one simple question , then check the NTK PCN for the answer

Question , did UKPC LTD comply with POFA ? Yes or No ?
.........................

Do not ignore a formal LBC or a court claim pack from the CCBC in Northampton

Your main Defence points are

No landowner authority
Poor and inadequate signage
The BPA CoP if any breaches occurred
The CRA 2015
Frustration of contract

Etc

Thanks, that's a very detailed reply. A couple of questions if I may....

How do you check if they have complied with POFA?

When you say don't ignore a formal LBC, are you saying that it will definitely go to court if it is at that stage? And then what are the chances of winning? My confusion is that the general sentiment in here is that no one has to worry about anything...but then people are in court for the issue?! Is the court process easy to win then?

The newbies FAQ sticky thread near the top of the forum in announcements , first post tells you how to compare the NTK PCN to POFA , look at a compliant in words and dates Parking Eye NTK PCN for comparison , all basic stuff and explained by coupon mad in her newbies FAQ sticky thread

No , I never said that at all , there are several hoops to jump through before an actual court claim hearing is heard , plus 2 fees to be paid by the claimant along the way. How would anyone know if every hoop will be gone through ?

If I play tonight's lottery , will I win or lose , how many stages are there before payment of the fee ? What are the odds of me winning over ten grand ? Will I pick the correct numbers ? Will the machine break down ? So many variables and stages

I never give chances of winning , too many variables that we haven't yet seen , court is a lottery , where it's judge bingo and you win or lose , like the grand national where you select only the winner , first past the post , or you lose your money if it comes second or worse, will it fall ? Will another horse bump into it ? Will it break a leg ? Will a stirrup break ? So many variables 🤔🤔😁😁

You have nothing to worry about as !ong as you pay the judgment in full within 30 days , if you lose , so act promptly.  Not paying is effectively contempt of court and the CCJ would then be registered , so quickly pay if you lost in court to avoid it

Nobody said it's easy to win in court , but it's win or lose , one of two outcomes only , with monetary values on each outcome for at least one side if not both

Coupon-mad

I would say it's easy to win most cases in court.

StJohn81

Can anyone help me interpret my most recent correspondence, thanks!

I have received another letter from Direct Collection Bailiffs Ltd. who 'have been instructed to collect the outstanding balance on behalf of our client.'

It then mentions about the Supreme Court Decision about parking charges - Nov 2015, and that it's lawful etc.

It adds that I am no longer able to appeal the charge and my next opportunity would be in court.

Lastly, and more importantly, it says this, which I can't figure out - 'this case is not subject to high court or bailiff action, however should you fail to contact us, we will recommend to our client the commencement of legal action against you'

It also says I have 14 days to pay or discuss repayment.

StJohn81

Fruitcake said:

Do not fret. You are now in the right place.

The first question to answer is, do you have a PCN?

If so, what happened when you complained to the landowner?

If you appealed, and it was indeed UKPC (who were once caught doctoring time stamps on their photo evidence) did you appeal to PoPLA? If so, what happened?

If the driver has already been outed, then one appeal/defence point may have been lost. In other words, one battle may have been lost, but not necessarily the whole war.

UKPC do take people to court. They win some cases, they lose a lot more if we help motorists.

Hey, long time since that reply...but anyway, as I've got new letters, I shall answer what I have so far:

I did get a PCN but I don't have the actual thing now.

I haven't complained to tesco (the car park is outside their shop), I've tried to find who exactly I would speak to without joy. Posted on tesco facebook pages etc.

No I didn't appeal to PoPLA.

Trainerman

StJohn81 said:

Can anyone help me interpret my most recent correspondence, thanks!

I have received another letter from Direct Collection Bailiffs Ltd. who 'have been instructed to collect the outstanding balance on behalf of our client.'

It then mentions about the Supreme Court Decision about parking charges - Nov 2015, and that it's lawful etc.

It adds that I am no longer able to appeal the charge and my next opportunity would be in court.

Lastly, and more importantly, it says this, which I can't figure out - 'this case is not subject to high court or bailiff action, however should you fail to contact us, we will recommend to our client the commencement of legal action against you'

It also says I have 14 days to pay or discuss repayment.

Standard debt collector blurb. Place on ignore

95Rollers

Report QDR "Solicitors" to the SRA attaching copies of your letter(s). They are way out of line with the threats and misinformation (aka lies) and psychological abuse of their  letters.