Letter of Claim - UKCPS - Moorside Legal - Parking 'No Stopping' Gateway House Manchester

Agentsmith162

This was the latest response - Our client: UKCPS Ltd

We write further to your recent correspondence.

We can confirm that our case management system is now up to date with your correct address.

Our answers to your questions are as follows:

• The additional charge which has been levied on your Parking Charge of £70  is the amount set out in both the British Parking Association and International Parking Community Codes of Practice as the amount which may be added to a Parking Charge when a Parking Charge remains unpaid and when further recovery is required. Our Client is a member of the International Parking Community which is a government approved Accredited Trade Association (ATA) for Private Parking. Our Client adheres to the ATA’s Code of Practice. The £70 does not represent the cost of recovery but is a reasonable amount in relation to the Parking Charge amount, in order to encourage early payment of the Parking Charge without the need for debt recovery. It is a fair amount set by our Client’s government-approved Accredited Trade Association Code of Practice. There are however also costs incurred by our client in relation to debt recovery services.

• By entering and parking the vehicle on our client's private land, you agreed to enter into a contract with our client and to be bound by the terms and conditions of that contract. The terms and conditions were clearly displayed at the entrance and in prominent places within the car park. Due to your failure to comply with the terms and conditions, our client has issued the PCN therefore if we are instructed to issue a claim the reason would be for Unpaid parking charges/ breach of contract.

We have noted on your account you are seeking debt advice and have placed the matter on hold for 30-days. If you fail to make payment after the 30-day period has lapsed, we may be instructed to issue a County Court Claim against you. 

You may wish to seek independent legal advice.

Yours sincerely

Moorside Legal

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They seem to continually think this relates to a car park... I never entered a car park, it was a private service road. Further to this, I actually issued my response back at the end of November yet I have only just received their response yesterday. Also, they have not addressed VAT and they have not given correct figures (it was £140 not £70). 

I contest the signage is prominent at all - I will make this case in court if indeed they're daring enough to send me. Their correspondence is so inconsistent I feel like they have no idea about any details relating to what UKCPS have assigned them for. Cowboys!

I assume next steps are to do nothing.. unless anyone has a suggestion?

Agentsmith162

To add - I also instructed them not to email me but to put any responses to me in writing to the home address - this was received via email. Up to now, they agreed this was how they would communicate back to me (in writing to home address). Not sure it holds any weight but any suggestion that they have not adhered to instruction due to GDPR would be welcome while I put my defense together. 

Coupon-mad

I think if you emailed them then it is OK for them to reply that way.  Do nothing. Wait.

This 'explanation' for adding £70 per PCN makes no sense whatsoever:

"The £70 does not represent the cost of recovery but is a reasonable amount in relation to the Parking Charge amount, in order to encourage early payment of the Parking Charge without the need for debt recovery."

Eh?!

Agentsmith162

Yeah I wasn't sure what the hell they were talking about - I also have a letter from them confirming permissions (or lack of) when replying to me. It was agreed by them in writing to my home address they would only write to my home address as I removed permissions to call me or email me....Then sent me an email lol. 

I really don't think they're paying and specific attention to my case as they continue to suggest it was also a car park, which it wasn't. I am actually praying they take me to court now as they've just made one !!!!!! up after another. 

Agentsmith162

I also found it interesting they talked about my address details being up to date on their systems - it had nothing to do with the LOC response I sent to them in any shape or form. Copy and paste from another case is my best guess?

Nellymoser

I ask you to sign this petition demanding the re-launch of a Govt-backed Parking Code of Practice. 🙏

https://petition.parliament.uk/petitions/701453

MPs are calling for statutory regulation for the private parking industry as the present voluntary measures are failing to protect motorists.

https://forums.moneysavingexpert.com/discussion/comment/81193608/#Comment_81193608

Agentsmith162

Nellymoser said:

I ask you to sign this petition demanding the re-launch of a Govt-backed Parking Code of Practice. 🙏

https://petition.parliament.uk/petitions/701453

MPs are calling for statutory regulation for the private parking industry as the present voluntary measures are failing to protect motorists.

https://forums.moneysavingexpert.com/discussion/comment/81193608/#Comment_81193608

Done - hopefully this will gather some momentum

Umkomaas

It is a fair amount set by our Client’s government-approved Accredited Trade Association Code of Practice.

I guess this might have slipped under @Coupon-mad and the Steering Group's radar! 🧐 🤣

1505grandad

See the following post by KeithP and my post following:

https://forums.moneysavingexpert.com/discussion/comment/81143167/#Comment_81143167

Coupon-mad

Umkomaas said:

It is a fair amount set by our Client’s government-approved Accredited Trade Association Code of Practice.

I guess this might have slipped under @Coupon-mad and the Steering Group's radar! 🧐 🤣

Especially interesting that this misleading lie comes from Moorside Legal, part of the group of companies whose Director is the Vice President of the BPA.

Ignoring the clear conflict of interests for a minute, you'd think he'd know better.

You'd think he'd have learnt something in life by now...

...Especially after he suddenly stepped down as BPA president last time (just a few years ago) after reportedly saying something he thought was funny but was forced to regret and apologise for.

I say 'reportedly' but it was the BPA's own publication Parking News that exposed it and brought it into the public domain!