UKPC court claim

edited 2 July 2017 at 8:23PM in Parking Tickets, Fines & Parking
4 replies 466 views
NatSmyNatSmy Forumite
2 Posts
Hi I'm just looking for some advice, I've read the newbies post.
Long story short I've received 8 parking tickets from UKPC for parking in a residential area where a relative lives with their baby, this is a permit area charged at £25 per month for residents. The area is unsafe with lots of anti social problems therefore my relative is waiting to be rehoused under a moderate welfare concern.
I have now received a court claim, I've ignored all their tickets (now I know that was stupid) and I have received a court claim for £1120. I've filed my acknowledgement of service and I've also contacted the housing association and my local mp as I have pictures and videos of the unsafe area and crime reference numbers. The housing association have said they do not have absolute discretion to cancel the tickets with UKPC and have confirmed they are the landowner and have the contract with UKPC. But after a land registry search it seems they do not own the car park and it is actually connected to a derelict building adjacent to the property owned by 2 people who run a development business. Can anyone give me legal advice on this? It's confused me! As surely the land registry title plans would be what it goes by? It seems as though the development company sold the building to the housing association without the car park. I was hoping to use this along with mitigating circumstances and the help of my local mp as my defence using templates available
Thanks so much

Replies

  • Coupon-madCoupon-mad Forumite
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    Long story short I've received 8 parking tickets from UKPC for parking in a residential area where a relative lives with their baby, this is a permit area charged at £25 per month for residents.
    Who do the residents pay - direct to the HA?

    Who supplies the permits each year, the HA with a letter, or UKPC? Can we see the letter? Quote it exactly.

    Can you ask your relative to get her Tenancy Agreement out as well. You need to tell us what it says about parking (if anything, some say nowt) and/or what it says about rights of way, rights to 'peaceful enjoyment' and to pass/re-pass or use the outside area or car park? Quote it exactly.
    The housing association have said they do not have absolute discretion to cancel the tickets with UKPC and have confirmed they are the landowner and have the contract with UKPC. But after a land registry search it seems they do not own the car park and it is actually connected to a derelict building adjacent to the property owned by 2 people who run a development business. Can anyone give me legal advice on this?
    No-one on a forum can give you 'legal advice', not even a solicitor, we just give our advice and opinions. I am not legally qualified but we have a couple of posters who are, but they wouldn't give 'legal advice' as such, here. But you don't need it, you just need support with your defence and beyond.
    As surely the land registry title plans would be what it goes by? It seems as though the development company sold the building to the housing association without the car park.
    Wow...yes, the LR records are the true record. That evidence you have, could be gold dust in your defence.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • QuentinQuentin Forumite
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    Throughout here you are advised never to reveal the driver.

    You need to edit your post to remove details of who was driving.

    The ppcs monitor this forum and can use your posts against you.

    Lots of advice on dealing with a court claim and links to other resources in the newbies FAQ thread near the top of the forum.

    Everyone is politely asked to read this thread before starting a new one.
  • NatSmyNatSmy Forumite
    2 Posts
    Coupon-mad wrote: »
    Who do the residents pay - direct to the HA?

    Who supplies the permits each year, the HA with a letter, or UKPC? Can we see the letter? Quote it exactly.

    Can you ask your relative to get her Tenancy Agreement out as well. You need to tell us what it says about parking (if anything, some say nowt) and/or what it says about rights of way, rights to 'peaceful enjoyment' and to pass/re-pass or use the outside area or car park? Quote it exactly.


    No-one on a forum can give you 'legal advice', not even a solicitor, we just give our advice and opinions. I am not legally qualified but we have a couple of posters who are, but they wouldn't give 'legal advice' as such, here. But you don't need it, you just need support with your defence and beyond.


    Wow...yes, the LR records are the true record. That evidence you have, could be gold dust in your defence.

    :)
    Thanks so much for taking the time to reply, I really do appreciate it.

    The payment goes directly to the HA, the HA supply the permits and pay no money to UKPC, they receive their money through fines issued. The permits are given by hand with no specific letter, UKPC were bought in in December after people kept lifting a key fob barrier to the car park and broke it beyond repair. A letter was given saying:
    'As you are aware the car park barrier has been broken for some while, HA have been considering the best course of action and we have now employed services of car parking management company called UK Parking Control. UKPC will be responsible for periodically patrolling the car park and fining people who do not have a permit. I shall be in touch in due course to issue you with a permit.'

    These are some parts i have pulled from the tenancy agreement:

    The HA agrees;
    Not to interrupt or interfere with the tenants right peacefully to occupy the premises except where - (i) access is required, subject to reasonable notice, to inspect the condition of the premises or to carry out repairs or other works to the premises or adjoining property, or (ii) the HA re-enters the premises following a breach of the tenants covenant to reside at the premises, or (iii) the HA is entitled to possession at the end of tenancy.

    To take reasonable care to keep the common entrance, halls, stairways, lifts, passageways, rubbish chutes and any other common parts, including their electric lighting, in reasonable repair, and fit for use by the tenant and other occupiers of and visitors to the premises.

    The tenant agrees:
    In the event that the property is located on a scheme which requires the tenant to sign a separate parking agreement in order to have the right to park in an allocated space not to park or allow the tenants household or visitors to park at the scheme unless the tenant has signed a current parking agreement and then to park so as to comply with the parking agreement.

    (The tenancy agreement was signed when the car park was operated by a barrier system so the front doors key fob could be used to open the barrier)

    I am going to draft my skeleton defence this week and will post when I have completed it. Thanks again for your support
  • edited 9 July 2017 at 8:54PM
    The_DeepThe_Deep Forumite
    16.8K Posts
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    edited 9 July 2017 at 8:54PM
    I wonder if the HA were aware oif the chequered history of UKPC when they appointed them Read this
    I fthe HA are a charity, (a lot of them are), should they be consorting with these villains? Perhaps a word with HM Charity Commissioners is in order.
    You never know how far you can go until you go too far.
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