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  • FIRST POST
    • Dhoney22002
    • By Dhoney22002 9th Apr 18, 5:28 AM
    • 29Posts
    • 16Thanks
    Dhoney22002
    Scs law lbc by ukpc
    • #1
    • 9th Apr 18, 5:28 AM
    Scs law lbc by ukpc 9th Apr 18 at 5:28 AM
    Hi all, thanks for all your threads and peace of mind. I have read the NEWBIES thread and I understood them well most of them anyway.

    Why I am starting this thread is because I haven't read anything on hospital car parks. A LBC was received from SCS LAW on behalf of UKPC who in turn is working for a hospital. As staff of the hospital, we pay, monthly, quarterly or yearly on parking and were issued with parking permits. However, half of the time there were never enough spaces therefore parking anywhere posiible in order not to be late for shifts. Each time this happened, ukpc would issue tickets on the screen before the end of the shift. Now a letter has arrived asking for over 800.

    These cowboys rogue are so heartless, on one of the days, ticket office was shut due to staff shortage, a letter was left on the screen explaining this, but a ticket was still left anyway.
    Another occasion, a courtesy car was used and a message was left with own car reg number with explanation that the permit was forgotten in own car and car at garage for Service, a ticket was still issued anyway.
    3rd and most crazy one. The car was left on same spot for 2 days. 1st day, ticket was issued, 2nd day another ticket was issued and the 1st ticket was on the ground......... how did that happen????? Guessed the parking attendant took it off and issued a new one
    We use to laugh about these in the coffee room saying how rogue and crazy they are not knowing it's still coming to take a big chunk out of our backsides
    It was learnt that the amount of tickets they issue the more commission they get....... that is disgusting!!!!
    A complaint will be made to the trust and a reply would be drafted and posted here for a proof read and help.......
    Thanks guys!!!
Page 2
    • Dhoney22002
    • By Dhoney22002 13th May 18, 7:57 PM
    • 29 Posts
    • 16 Thanks
    Dhoney22002
    Thanks Beamerguy,
    Will let work mates know asap, they will be very happy.
    • Johnersh
    • By Johnersh 13th May 18, 7:58 PM
    • 1,033 Posts
    • 1,991 Thanks
    Johnersh
    any debt collectors fees added on to a court claim is fraudulent.
    Strictly speaking they say it's their notional admin costs. In my view:

    1. That is a form of liquidated damages (not in the contract/on the signs)
    2. The signs usually refer to indemnification of costs. That means you pay exactly their cost. If they don't bother to prove them or set them out accurately in the PoC then they can't have them
    3. The DRP point is decent. All those costs were subcontracted without charge. If any of the chasing relates to DRP that cannot be recovered as C had no liability for it. Claiming such costs is known as a breach of the indemnity principle.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Dhoney22002
    • By Dhoney22002 13th May 18, 10:51 PM
    • 29 Posts
    • 16 Thanks
    Dhoney22002
    I am not allowed to post link because I am a newbie. I have been trying for about an hr now. I tried using one drive too but not working.
    • KeithP
    • By KeithP 13th May 18, 10:54 PM
    • 7,214 Posts
    • 6,718 Thanks
    KeithP
    Put the link in your post but before actually posting, change the http to hxxp.

    Some one will fix the link for you.
    .
    • Coupon-mad
    • By Coupon-mad 13th May 18, 11:05 PM
    • 57,473 Posts
    • 71,074 Thanks
    Coupon-mad
    I am not allowed to post link because I am a newbie. I have been trying for about an hr now. I tried using one drive too but not working.
    Originally posted by Dhoney22002
    An hour?

    Why didn't you just read threads that come up if you searched 'newbie can't post link'? You'd have had the answer in seconds...showing what EVERY other newbies does.

    Any question you have, anything at all, an answer can be found just by a search, in less than a second. We've seen it all, hundreds of times and a search will reveal all at every stage for you.
    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.

    • Dhoney22002
    • By Dhoney22002 14th May 18, 9:36 PM
    • 29 Posts
    • 16 Thanks
    Dhoney22002
    Will try again now. Sorry for late reply I know you all are trying to help. I work nights and sleep all day.
    • Dhoney22002
    • By Dhoney22002 14th May 18, 9:41 PM
    • 29 Posts
    • 16 Thanks
    Dhoney22002
    Yes that's partly because I was saving it in all sorts of drives as none was working, my drive, one drive, drop box.
    But now I know what to do and I'll just get to it......
    Thanks all
    • Umkomaas
    • By Umkomaas 14th May 18, 9:43 PM
    • 17,609 Posts
    • 27,818 Thanks
    Umkomaas
    Will try again now. Sorry for late reply I know you all are trying to help. I work nights and sleep all day.
    Originally posted by Dhoney22002
    Coupon-mad has 4 children, works all day, and then advises on this forum, often until 2.30am and beyond, - every day.

    Just saying!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Dhoney22002
    • By Dhoney22002 14th May 18, 9:47 PM
    • 29 Posts
    • 16 Thanks
    Dhoney22002
    Quick question
    I have removed all my details and any other peoples names and signatures, but do I remove all my workplace's details as well?
    Or can I leave my Hospital/workplace's details there?
    Thanks
    • Dhoney22002
    • By Dhoney22002 14th May 18, 10:42 PM
    • 29 Posts
    • 16 Thanks
    Dhoney22002
    hxxps://drive.google.com/folderview?id=1nquAbNvGtZVo-UMC2d4qRUYE8gO_gyMj
    • Dhoney22002
    • By Dhoney22002 14th May 18, 11:11 PM
    • 29 Posts
    • 16 Thanks
    Dhoney22002
    Here is another link to the documents. Thank you.

    hxxps://linksharing.samsungcloud.com/1526333277573C8EwAkT
    • KeithP
    • By KeithP 14th May 18, 11:36 PM
    • 7,214 Posts
    • 6,718 Thanks
    KeithP
    https://drive.google.com/drive/folders/1nquAbNvGtZVo-UMC2d4qRUYE8gO_gyMj

    http://linksharing.samsungcloud.com/1526333277573C8EwAkT

    Both those links work.

    And as you say, that copy of the contract that they have supplied with the Healthcare NHS Trust expired on 31 March 2015 with no mention of continuation.
    .
    • Dhoney22002
    • By Dhoney22002 15th May 18, 12:26 AM
    • 29 Posts
    • 16 Thanks
    Dhoney22002
    KeithP
    Thank you.
    • Umkomaas
    • By Umkomaas 15th May 18, 6:33 AM
    • 17,609 Posts
    • 27,818 Thanks
    Umkomaas
    And as you say, that copy of the contract that they have supplied with the Healthcare NHS Trust expired on 31 March 2015 with no mention of continuation.
    There's an 'in perpetuity' clause in the 2015 Witness Statement.

    I don't see the authority of the contract principal for UKPC to conduct court proceedings in their own right. BPA Code of Practice requirement.

    http://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf

    7.2. If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Johnersh
    • By Johnersh 15th May 18, 7:54 AM
    • 1,033 Posts
    • 1,991 Thanks
    Johnersh
    There's an 'in perpetuity' clause in the 2015 Witness Statement.
    No there's a reference to that in the statement: there's no such clause in the contract.

    In principle, if the services continue to be provided without cancellation, then it may now be deemed a rolling contract terminable on notice, but it certainly isn't fixed in perpetuity and neither would NHS England permit such a scheme.

    If the o/p is correct and the wardens are incentivised, then the scheme of payment is key - see link below. An "eat what you kill" scheme is not permitted.

    https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

    Fwiw I sympathize with the o/p. I'm at SMH a decent amount and those guys are vicious, to the point I've photographed bays to show there are no markings on occasion.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Dhoney22002
    • By Dhoney22002 15th May 18, 8:04 AM
    • 29 Posts
    • 16 Thanks
    Dhoney22002
    There's an 'in perpetuity' clause in the 2015 Witness Statement
    Good morning and thank you. This is my point, although it stated "in perpetuity" it also stated or until terminated and the contract did have a termination date. However, statement letter come after termination date!
    So is the contract still valid? Thanks
    • fisherjim
    • By fisherjim 15th May 18, 8:05 AM
    • 2,898 Posts
    • 4,396 Thanks
    fisherjim

    If the o/p is correct and the wardens are incentivised, then the scheme of payment is key - see link below. An "eat what you kill" scheme is not permitted.

    https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles
    Originally posted by Johnersh

    Have a gander at this:


    http://parking-prankster.blogspot.co.uk/2017/03/ukpc-announce-new-bonus-scheme.html
    • Johnersh
    • By Johnersh 15th May 18, 8:34 AM
    • 1,033 Posts
    • 1,991 Thanks
    Johnersh
    Interesting. The gov.uk website appeared to go further - it would bite if the revenues solely went to the PPC.

    I suspect they may not, simply because of high turnover/profit at hospital sites, but worth asking the question.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Dhoney22002
    • By Dhoney22002 17th May 18, 3:33 AM
    • 29 Posts
    • 16 Thanks
    Dhoney22002
    Hi all,
    I HAVE DRAFTED A REPLY, PLS SEE IT BELOW. IS THIS OK TO SEND?

    Dear Mr ****

    Thank you for your reply to my email.
    I have gone through the evidence provided by your client thoroughly and found that:

    1) there is no letter from the landowner granting your client permission/authority to proceed with legal action in this matter.

    In the witness statement your client provided, clause 10 of that statement stated that "the operator is authorised to pursue outstanding parking charges in accordance with the BPA AOS code of conduct".

    As you and your client are well aware, the BPA AOS Code of conduct clause 7.2 stated: "If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken".

    In this particular case, as I have stated before, your client has no written authority to proceed with legal action against the keeper of the vehicle.


    2) the other matter is the issue of the contract your client provided in the evidence, the contract lapsed on the 31st of March 2015. You did include a witness statement stating the contract is "in perpetuity until terminated" and It was terminated on the 31st of March 2015.


    Many thanks
    *********


    IS THERE ANYTHING ELSE I OUGHT TO ADD?
    Thank you all.
    • Guys Dad
    • By Guys Dad 17th May 18, 3:49 AM
    • 10,451 Posts
    • 9,734 Thanks
    Guys Dad
    Not "Many thanks" for heaven's sake.

    It should really be a "Dear Sir....................Yours faithfully" letter.

    Does the contract give them authority to take legal action? If not, put that in as well.
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