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  • FIRST POST
    • pj1115
    • By pj1115 7th Dec 17, 2:25 PM
    • 8Posts
    • 2Thanks
    pj1115
    PCNs issued on wrong road?
    • #1
    • 7th Dec 17, 2:25 PM
    PCNs issued on wrong road? 7th Dec 17 at 2:25 PM
    Hi

    I received 3 private PCNs from UKPC for parking in a restricted area - two for a single two-day stay in July and another for a day in August.

    The thing is... Both times the car was parked on a public road, and NOT in the private road claimed by UKPC. The public road (residential and with no yellow lines) leads into a private residential road which is managed by UKPC, but the start of this is distinguished with yellow lines, UKPC signposting and a change in the road's colour.

    I haven't appealed using templates in response to any of these - there was no way I was appealing for a contravention on a contract I didn't enter into... For those first two PCNs, I received NTKs, letters from their debt agency (Debt Recovery Plus ltd) and later two apologies from UKPC following my letters.

    For the third PCN, I took the same approach, informing them that they were mistaken (including my photos, maps, and their OWN photographic evidence), but have continued to receive letters from them and their debt agent. I've since written a very strongly worded letter telling them that my intention is to:
    1. Make a complaint to the council
    2. Make complaints to the DVLA and BPA for breaking their rules around acquiring the registered keeper's information
    3. and consider legal action for compensation for the large number of distressing letters over a debt not owed, and for my time in managing the problem

    They responded to me via letter and Resolver.co.uk saying it's too late to appeal and that I need to make payment to DRP. Do I have any hope at this point for not paying? Should I follow through on my threat for legal action? This has been countless hours of my time and caused lots of distress with my family..

    Appreciate any guidance
Page 1
    • Quentin
    • By Quentin 7th Dec 17, 2:34 PM
    • 35,609 Posts
    • 19,825 Thanks
    Quentin
    • #2
    • 7th Dec 17, 2:34 PM
    • #2
    • 7th Dec 17, 2:34 PM
    Read up on this in the Newbies FAQ thread.

    You now ignore everything except court correspondence or a letter before court action

    Come back for advice on how to deal with this if it comes to this.

    They have 6 years to start legal action against you
    • IamEmanresu
    • By IamEmanresu 7th Dec 17, 2:45 PM
    • 2,313 Posts
    • 4,120 Thanks
    IamEmanresu
    • #3
    • 7th Dec 17, 2:45 PM
    • #3
    • 7th Dec 17, 2:45 PM
    The thing is... Both times the car was parked on a public road, and NOT in the private road claimed by UKPC. The public road (residential and with no yellow lines) leads into a private residential road which is managed by UKPC, but the start of this is distinguished with yellow lines, UKPC signposting and a change in the road's colour.
    Get something from either the Land Registry or the council to show where you were parked. If they are ticketing on the highway then raise it with the Parking department of the local authority and then Trading Standards. Ticketing on the highway is simple fraud and they have been found guilty of fraud before.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • Grimble
    • By Grimble 9th Dec 17, 10:41 AM
    • 407 Posts
    • 489 Thanks
    Grimble
    • #4
    • 9th Dec 17, 10:41 AM
    • #4
    • 9th Dec 17, 10:41 AM
    Report them to trading standards.
    • pj1115
    • By pj1115 21st Dec 17, 11:57 AM
    • 8 Posts
    • 2 Thanks
    pj1115
    • #5
    • 21st Dec 17, 11:57 AM
    • #5
    • 21st Dec 17, 11:57 AM
    Thanks all! DRP have written to me to "confirm" that the PCN was issued legitimately and to "educate" me on the definition of harassment. Interestingly I just got confirmation from the local council that I'm right - those PCNs were issued on public highway.

    I am genuinely considering taking them to court myself! I have spent a lot of time and become very stressed by all this, fearing a CCJ or something.

    I'm also planning to contact the DVLA, trading standards, the BPA, and the local council... I'm sure lots of other people have been ticketed and paid up! Any way to force UKPC's hand and maybe get those people their money back?
    • The Deep
    • By The Deep 21st Dec 17, 12:05 PM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    • #6
    • 21st Dec 17, 12:05 PM
    • #6
    • 21st Dec 17, 12:05 PM
    Is this not a matter which may be of interest to the police as well?
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 21st Dec 17, 1:59 PM
    • 57,473 Posts
    • 71,078 Thanks
    Coupon-mad
    • #7
    • 21st Dec 17, 1:59 PM
    • #7
    • 21st Dec 17, 1:59 PM
    Do report them, with your proof, to the BPA and DVLA and Trading Standards.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • pj1115
    • By pj1115 13th Feb 18, 10:23 PM
    • 8 Posts
    • 2 Thanks
    pj1115
    • #8
    • 13th Feb 18, 10:23 PM
    • #8
    • 13th Feb 18, 10:23 PM
    Hi everybody,

    A different person at the local council has written to me and said that I may in fact have been parked on the private road! The change in surface doesn't match the OS maps they have.

    I'm now getting letters from Zenith Collections offering me a discounted rate of 80... I'm assuming the advice will be not to pay?

    I also have another problem, the car's RK is my dad though I keep it at another address day-to-day. He's worried about a CCJ, how can I make sure that I am liable and not him as keeper?

    Appreciate any help
    • KeithP
    • By KeithP 13th Feb 18, 10:52 PM
    • 7,216 Posts
    • 6,719 Thanks
    KeithP
    • #9
    • 13th Feb 18, 10:52 PM
    • #9
    • 13th Feb 18, 10:52 PM
    I'm now getting letters from Zenith Collections offering me a discounted rate of 80... I'm assuming the advice will be not to pay?
    Originally posted by pj1115
    You are right.
    Unless it's 80 total for all three - that might be worth considering - but only if you were parked on private land.


    I also have another problem, the car's RK is my dad though I keep it at another address day-to-day. He's worried about a CCJ, how can I make sure that I am liable and not him as keeper?
    Originally posted by pj1115
    To get a CCJ, first you have to lose any court case.
    Then you have to fail to pay whatever the court orders.

    In other words, if you pay up soon after losing at court then no CCJ will remain on file.

    Anyway, who's talking about losing.

    So all the way through this thread, where you have mentioned 'I' you actually meant your father?
    E.g. it was your father who received all the NTKs.

    The difficult bit might be that if any court case does take place, then your father would be the defendant unless he takes action before then and names the driver.
    I make no comment on whether that is the right thing to do or not.


    You need to determine whether the parking was on a public road or not.
    That is crucial.
    Last edited by KeithP; 14-02-2018 at 12:38 AM.
    .
    • pappa golf
    • By pappa golf 13th Feb 18, 11:09 PM
    • 8,706 Posts
    • 9,307 Thanks
    pappa golf
    Hi

    I received 3 private PCNs from UKPC for parking in a restricted area - two for a single two-day stay in July and another for a day in August.

    The thing is... Both times the car was parked on a public road, and NOT in the private road claimed by UKPC. The public road (residential and with no yellow lines) leads into a private residential road which is managed by UKPC, but the start of this is distinguished with yellow lines, UKPC signposting and a change in the road's colour.

    I haven't appealed using templates in response to any of these - there was no way I was appealing for a contravention on a contract I didn't enter into... For those first two PCNs, I received NTKs, letters from their debt agency (Debt Recovery Plus ltd) and later two apologies from UKPC following my letters.

    For the third PCN, I took the same approach, informing them that they were mistaken (including my photos, maps, and their OWN photographic evidence), but have continued to receive letters from them and their debt agent. I've since written a very strongly worded letter telling them that my intention is to:
    1. Make a complaint to the council
    2. Make complaints to the DVLA and BPA for breaking their rules around acquiring the registered keeper's information
    3. and consider legal action for compensation for the large number of distressing letters over a debt not owed, and for my time in managing the problem

    They responded to me via letter and Resolver.co.uk saying it's too late to appeal and that I need to make payment to DRP. Do I have any hope at this point for not paying? Should I follow through on my threat for legal action? This has been countless hours of my time and caused lots of distress with my family..

    Appreciate any guidance
    Originally posted by pj1115

    do the authorities and the BPA /DVLA know about tickeing on public road?
    Save a Rachael

    buy a share in crapita
    • muleskinner
    • By muleskinner 14th Feb 18, 8:13 AM
    • 109 Posts
    • 104 Thanks
    muleskinner
    The onus is on them to prove you were on private land, not the other way round.

    If, from all your photographs and the signage, it looks to any normal person that you were on public land then I would say there's a very strong chance you will win. A motorist won't be able to phone the council and check OS maps on the day, that's ridiculous.

    In court the PPC's evidence is likely to be shoddy and unconvincing. The person you are up against will more than likely be a hired rep from Gladstones who has never visited the site.

    I just won a case on pretty much exactly this point.
    • pj1115
    • By pj1115 14th Feb 18, 9:28 AM
    • 8 Posts
    • 2 Thanks
    pj1115
    You are right.
    Unless it's 80 total for all three - that might be worth considering - but only if you were parked on private land.
    Originally posted by KeithP
    Seems like they are now only pursuing one, I got an apology/cancellation for the first two, but IIRC that was for a discrepancy on the NTK.

    So all the way through this thread, where you have mentioned 'I' you actually meant your father?
    E.g. it was your father who received all the NTKs.

    The difficult bit might be that if any court case does take place, then your father would be the defendant unless he takes action before then and names the driver.
    I make no comment on whether that is the right thing to do or not.
    Originally posted by KeithP
    Yes. Sorry, I've been corresponding in his name (with his approval) as whenever he receives tickets like this he just pays up. I really should have made that distinction upfront. I think if I'm going to fight the issue I need to make sure I'm doing so in my name, so I think I will help him draft a letter to name me.

    You need to determine whether the parking was on a public road or not.
    That is crucial.
    Originally posted by KeithP
    I have now determined from the boundary data that I was parked on private land - but the signposting, change in road surface and painted lines are so misleading. To @muleskinner's point, there's no way a driver would know that that short stretch of road is private.

    Assuming now that my father names me as the driver, I should wait for a letter before claim?
    • The Deep
    • By The Deep 14th Feb 18, 9:41 AM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    Even if this is found to be a prevate road, UKPC are fraudsters

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    so treat them with total disrespect anyway.

    Watch this video

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and then complain about them in the strongest terms to your MP, with a bit of lick they should be out of business by Christmas.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 14th Feb 18, 12:01 PM
    • 57,473 Posts
    • 71,078 Thanks
    Coupon-mad
    If Dad names you as driver, make sure he gives your postal address too, and reminds UKPC that this information means he has discharged any liability, under the POFA.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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