Help... its a bit different.. please read

Umkomaas

So here's a bit of light in the tunnel for you. Not an opportunity for complacency, you must keep following the court process, but the chances of meeting a judge in your case is somewhat remote!

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

fisherjim

itsacrazyworld said:

Thankyou all guys. Its ukpc. When I did chase it up originally they said can't do anything we have passed it on to debt collectors. I thought they could just ask for it back but not sure if the law had changed. 

If they say the same again I'm wondering what I can do. 

Sorry are you getting confused here?

UKPC are a bunch of greedy chancers, they have a contract with debt collectors on a no win no fee basis (though any fees are paid by the victim anyway) and once the file is handed to the debt collector they won't get involved while they try bullying you.

These are not in anyway fines or anything official they have just sent you a speculative invoice which they can if inclined cancel at any time they want, but they don't want to as that does not buy expensive cars or villas in the Algarve.

B789

itsacrazyworld said:

Thankyou all for your replies. I read what I could.... geez Louise! Apologies I missed it!, and it wasn't for a job there, it was another company, and they were just using it as s central meeting point.

 I  didn't know about it until I got the letter later, on which I appealed straight away by email. I did not receive their reply saying they uphold the decision, and thats why i would have paid it, as i had overstayed. So this is why its different in my view. 

@itsacrazyworld, When you parked, did you KNOW that there was a 2-hour free parking limit or did you only "find out" when you received the PCN? Is that why you say you would have paid it because only after receiving the PCN you realised you had "overstayed?

This is typical of so many gullible victims of this scam. Why were you surprised to receive the PCN? You certainly shouldn't have been surprised if you'd noticed the "very obvious", numerous", "highly visible" and "prominent" signs that were in your face. Also, you shouldn't have been surprised because you could obviously see on all those "very obvious", numerous", "highly visible" and "prominent" signs the fact that if you parked for longer then the 2 hours without paying, you would be charged £100. It should have been very obvious that the £100 charge is what you should have expected because it was printed in big bold letters on a very contrasting background. The only way a contract between you and UKPC can be formed is if you are made aware of any terms. If the PCN was a surprise, then it is fairly obvious, a contract couldn't have been formed.

Do you see what I am getting at above?

itsacrazyworld

Yes i probably am confused!! It doesn't take much !!! 

So I thought it was ukpc that run the car park, and they had passed the debt onto dcbl ..First Ltd, now legal. 

Don't you think that's right?  Many thanks for your reply 

Umkomaas

Please confirm unequivocally that it is UK Parking Control Ltd (UKPC) that is the parking firm who issued the charge to you as a result of an overstay at a service area car park.  I don't readily associate UKPC with service area car parks - but that's not to say they don't infest some, a bit like a day on the beach, you can find sand anywhere on you!

B789

UKPC supposedly "manage" the car park as agents of whoever owns the land, possibly the motorway services company.

According to UKPC, you have, allegedly, broken the terms of a contract you entered into when you parked your car there and they have paid the DVLA to get the name and address of the Registered Keeper (whoever is named on the V5C) and sent that person (you) a speculative invoice for £100. Because UKPC haven't received any money from you within whatever period they state, they have passed your details for the PCN to a company that has two arms... a debt collection arm and a legal department. The Debt collection arm is DCBL and the legal arm is DCB Legal... not confusing, is it?

The DCBL arm add on their fake £60-£70 costs and send you threatening debt collector letters but they have no power to do anything, not take you to court, not send bailiffs not issue CCJs, not harm your credit record. That is why we tell everyone to ignore the debt collectors, no matter how scary most gullible victims think they are. After a while, when the DCBL threat remain unfulfilled, the PCN is passed back to UKPC who are the only people who can initiate a court claim and then they instruct DCB Legal to carry on with the process and it would be DCB Legal who, acting on behalf of UKPC, issue a court claim.

For now, you have been advised to find out who owns the land where the car park that is "managed" by UKPC is. When you do some research and get your answer to that, you make a complaint to the landowner about how you have been scammed by an ex-clamper thug and that you expect them to get this PCN cancelled because, as the landowner, they are equally responsible for the actions of their agents and should this matter proceed to a court claim, you will be calling them as a witness... and so on. You also write you YOUR MP and ask them to complain on your behalf to UKPC and their "governing body" ATA. This is known as Plan A.

You have stated that you have already tried Plan B which was to appeal to UKPC. As they are members of the BPA, you should receive a POPLA code so that you can appeal via them. This is known as Plan C. Winning you appeal at POPLA puts the whole thing to bed. Losing your appeal at POPLA, no great surprise as POPLA is also a part of the BPA (see how "independent" they are?) and is not a problem either as the decision is not binding.

Finally, Plan D is where you are most likely to succeed, for several reasons. First, because you are finally going to get the chance to make your points about this scam to a real independent arbiter, a judge. UKPC and DCB Legal don't really want this to happen, even though they are likely to take it to the brink because most gullible victims poop their pants at the thought of a court claim and just pay up at this stage. However, those less gullible victims, especially those that have received advice from experts on this forum and defend the claim robustly, end up either winning the case or seeing it discontinued. UKPC/DCB Legal have a known track record for chickening out at this stage. They've been spanked in court more times than they care to remember.

Anyway, I have spent enough time trying to enlighten you as to where you are in this process, what you can expect and to stop going around claiming "Mea culpa" because a PCN claims that you have a debt to UKPC.

itsacrazyworld

Thankyou all so much. I'm pretty sure it is ukpc, but will have a drive round to check. To be honest looking at ukpc website it says I will get a letter to say appeal rejected. I never did! 

I will try and engage with them again. Many thanks for your help 

itsacrazyworld

B789 said:

itsacrazyworld said:

Thankyou all for your replies. I read what I could.... geez Louise! Apologies I missed it!, and it wasn't for a job there, it was another company, and they were just using it as s central meeting point.

 I  didn't know about it until I got the letter later, on which I appealed straight away by email. I did not receive their reply saying they uphold the decision, and thats why i would have paid it, as i had overstayed. So this is why its different in my view. 

@itsacrazyworld, When you parked, did you KNOW that there was a 2-hour free parking limit or did you only "find out" when you received the PCN? Is that why you say you would have paid it because only after receiving the PCN you realised you had "overstayed?

This is typical of so many gullible victims of this scam. Why were you surprised to receive the PCN? You certainly shouldn't have been surprised if you'd noticed the "very obvious", numerous", "highly visible" and "prominent" signs that were in your face. Also, you shouldn't have been surprised because you could obviously see on all those "very obvious", numerous", "highly visible" and "prominent" signs the fact that if you parked for longer then the 2 hours without paying, you would be charged £100. It should have been very obvious that the £100 charge is what you should have expected because it was printed in big bold letters on a very contrasting background. The only way a contract between you and UKPC can be formed is if you are made aware of any terms. If the PCN was a surprise, then it is fairly obvious, a contract couldn't have been formed.

Do you see what I am getting at above?

Yep I do. I'm normal circumstances I would have, but anxiety kicked in at the interview and I didn't check! I thought it was 3. I pass through often and the sign states 2. As I say the sign is there, I just didn't look! That's why if I have to pay I can accept that, but not £170! 

I'd have paid half as was offered I think. A lot has happened in my life since and just had, and of course we were still  going through covid. 

Thankyou so much though for all of your detailed help 

B789

itsacrazyworld said:
Yep I do. I'm normal circumstances I would have, but anxiety kicked in at the interview and I didn't check! I thought it was 3. I pass through often and the sign states 2. As I say the sign is there, I just didn't look! That's why if I have to pay I can accept that, but not £170! 

I'd have paid half as was offered I think. A lot has happened in my life since and just had, and of course we were still  going through covid. 

I am sitting here, shaking my head in disbelief, as it is becoming obvious that you are not quite "getting it"!!!

You are way past the point of being able to pay them the bribe "discounted" amount. If you are going to continue believing that you are "guilty" and owe these scammers anything, you become a part of the problem and not the solution. I am done with this thread. 

Umkomaas

itsacrazyworld said:

Thankyou all so much. I'm pretty sure it is ukpc, but will have a drive round to check. To be honest looking at ukpc website it says I will get a letter to say appeal rejected. I never did! 

I will try and engage with them again. Many thanks for your help 

No need to 'drive round', simply check the paperwork you have received. The DCB Legal communications will tell you who they are representing. Private car park landowners often change their enforcers, so what you'll see today won't necessarily be what was there at the time of the parking incident. Save your petrol!