UKPC - SCS Claim form recieved

Gunner84 · 23 February 2018 at 1:54PM

I live in a flat in a gated development parking controlled by UKPC. The flat comes with two parking passes, one guest pass and one for my own car. Over the past year my partner suddenly began recieving tickets for her car in the visitor bay. We observed advice on these forums which we now sadly know was out of date, to ignore them. Given the reputation is easy to research, this seemed reasonable at the time given that we actually have a pass, and they seem to operate purely for commission rather than protecting the parking interests of residents.

Flash forward several months - We now have a court claim letter against us. So here are the finer details about what supposedly went wrong here.

They claim the guest pass is invalid. Some months ago i had my own guest pass for my numbered bay replaced. I did not receive this from the property management, or via any chain from UKPC. I got it from a tenant who says he often acts as a liason for the property management. Since guest passes were not numbered, I did not question the validity of the guest pass. We also did not receive any tickets around this time, so I had no reason to question it. The existing parking permit is undated, there is no such thing as an expiry date. When i recently spoke to the property management they informed me that they had posted a letter (did not recieve this) updating us on the new passes. When i mentioned I hadn't received this they referred me to a notice board, saying they did not have my landlords email address.

Parking signs are several meters away from the bays which are marked "visitors bay". They state requirement for a valid pass, but do not detail validity dates on the pass themselves. I have lived here for 5 years. Passes were not updated annually, or to any pattern that is noticeable.

My tenancy agreement was initially 12 months, but has been rolling ever since. I am not sure how relevant this is but worth mentioning.

So just to clarify, my partner is the keeper of the ticketed vehicle, parking in the visitor bay with a permit that just suddenly became invalid. It is my permit, and the only one i had ever received until recently. Where does she/we stand here?

The claim is for 4 figures. Since its several tickets ignored as we felt they were in error due to it being valid pass at our own home. We did inform the parking officers who stopped ticketing when we did. When i actually phoned UKPC to discuss it, suddenly they ticketed again. Almost appeared malicious.

Any help is most appreciated.

The_Deep · 23 February 2018 at 2:10PM

The PPCs have, imo, bitten off more than they can chew in targeting residents, some of whom are a lot smarter that your average Lidl shopper. They are losing more and more cases in court as judges become familiar with the scam. Read these

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

http://www.parkingcowboys.co.uk/permit-car-parks/

http://parking-prankster.blogspot.co.uk/2017/01/resident-counterclaims-against-ukpc-for.html

https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

And google UKPC parking Prankster for a lot more.
You have a periodic tenancy which gives you all the rights of an AST.

You appear to be a player so encourage them to take you to court and, once you have won your case, take them to the cleaners, please read this

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

Have you seen this, and asked you landlord to give the MA a kicking?

http://www.bbc.co.uk/news/uk-england-35253759

fisherjim · 23 February 2018 at 2:11PM

As above but also:
Start by reading the newbies thread on here.
Stop phoning UKPC, who are scammers and have been caught flasifying evidence in the past.
Your tenancy agreement is very relevent.
The whole private parking industry is a scam, and paliament is at last starting to realise it.
With multiple tickets the greedy scumbags are now likely to try a punt at you in court, you need to get up to speed with this.
Shame you ignored them in the first place.

Umkomaas · 23 February 2018 at 2:13PM

We now have a court claim letter against us.

Do you mean an official County Court Claim via the Northampton CCBC? The NEWBIES FAQ sticky, post #2 walks you right through the court process, including advice on what to do and when to do it. If it is a pucker Claim, you must deal with it; it won't go away, and could turn out nasty if you continue to ignore things.

When i actually phoned UKPC to discuss it, suddenly they ticketed again.

How recent is this latest ticket?

Gunner84 · 23 February 2018 at 2:34PM

Umkomaas wrote: »

Do you mean an official County Court Claim via the Northampton CCBC? The NEWBIES FAQ sticky, post #2 walks you right through the court process, including advice on what to do and when to do it. If it is a pucker Claim, you must deal with it; it won't go away, and could turn out nasty if you continue to ignore things.

How recent is this latest ticket?

Yes it is addressed from the CCBC Northampton. The latest tickets came in the past few weeks. They have also ticketed my own car which has now recieved a letter before claim. They did this during the period where the garage door was broken so i was forced to park outside of my indoor parking space. I still had a UKPC permit on display even showing my flat number, which makes this whole situation seem even more ridiculous. Frankly the fact that It is a tenants guest pass on my girlfriends car, and they have ticketed the tenant myself did make me hopeful some common sense could prevail here. I don't know if that is the route i should prepare to go in terms of defence here, or something more typial like poor signage.

Frankly the issue is so bad that i will likely give my landlord notice soon. It feels like any minor excuse and i will be in court, and its not a peaceful way to live.

Umkomaas · 23 February 2018 at 2:49PM

Those tickets that can be appealed to UKPC and then to POPLA should appealed in line with the NEWBIES FAQ sticky, post #1. If you can get favourable POPLA decisions on those, it will be useful evidence for any court case on the others.

Any windscreen ticket that has been issued in the past 50 days or so should be potentially appealable.

How many fall into that category, and have you had a subsequent letter - Notice to Keeper (NtK) - from UKPC?

Please list those in the '50 day category' with date of issue and whether a NtK has been served.

You are likely to need to be battling on a number of fronts, but we need the information from you so we can advise how you chop this up into manageable segments.

Gunner84 · 23 February 2018 at 3:54PM

I will provide the above as soon as i get home from work. Is this likely to result in a CCJ on my partners credit eligibility? That is a big concern for her.

nosferatu1001 · 23 February 2018 at 4:20PM

What do you think the "J" stands for?

That would be judgement

You havent even had a court hearing yet. Never mind a judgement. Also, 5 minutes of research on this forum - seriously, GET OUT your thread - tells you paying within 1 months removes the CCJ. So, only byu YOUR INACTION will a CCJ actually impact you.

Gunner84 · 23 February 2018 at 6:20PM

I did read that, but to be honest I have read so much, looked through so many different cases that it's almost overwhelming doing all this at work. I knew really, so was probably looking more for a bit of confirmation than anything. We are very much prepping to fight this meticulously.

Gunner84 · 1 March 2018 at 3:22PM

Umkomaas wrote: »

Those tickets that can be appealed to UKPC and then to POPLA should appealed in line with the NEWBIES FAQ sticky, post #1. If you can get favourable POPLA decisions on those, it will be useful evidence for any court case on the others.

Any windscreen ticket that has been issued in the past 50 days or so should be potentially appealable.

How many fall into that category, and have you had a subsequent letter - Notice to Keeper (NtK) - from UKPC?

Please list those in the '50 day category' with date of issue and whether a NtK has been served.

You are likely to need to be battling on a number of fronts, but we need the information from you so we can advise how you chop this up into manageable segments.

Quick update.

So there is the initial claim which my partner with the guest pass has now acknowledged. It stands at 4 figures with court courts added. We have acknowledged for the 28 days to defend.

Additionally the two new malicious NTK's within 50 days, we are going to appeal them individually. Would this be the correct thing to do?

Now, there is a the issue of charges on my own car for my own supposedly suddenly invalid permit (my flat number was always on it). I have written a letter to UKPC asking for these to kindly be rescinded, given that I, the keeper, am a tenant of the building, am very easy to contact regarding replacement permits, and had received no information regarding the validity of my permit. I told them that i would like to take reasonable steps to resolve this matter, since I can prove my occupancy, and clearly do not act in contravention of their remit to protect the residents peaceful enjoyment, since I am one. Should this go any further I am determined to fight on all fronts, and as a result have already requested land registry documents. Since both of the passes are mine, my main doubt is as to in what way, if any i should be referencing these cases, as they clearly correspond.

The bottom line here is I am actually paying for both of these parking permits within my rent. How best to i bring this to an MCOL defence? I would not be averse to a counter claim here either, once I can better clarify my case, because after all, surely i am paying big money for rent here, and these spaces were included within it.

I would be grateful for any assistance. I am not letting this go.

Gunner84 · 2 March 2018 at 12:54PM

UPDATE:

I now have my original tenancy agreement. The agreement was for 12 months. Since then I have continued to reside there paying rent to my landlord. My name is on the tenancy agreement. What happens in this case? Does it count for something still?

Could my landlords lease agreement be of use here? For example it will detail his entitlement to 2 passes for his tenants. Could I still argue primacy based on his lease, and me being the recipient of his passes which are used for myself and my partner.

Failing this, should i look to go a different route with the defence. Signage is of course awful as you'd expect.

UKPC - SCS Claim form recieved

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