UKCPS (Huddersfield)

[mcAteer4]

Hi all, as you can see I'm new. I've seen a few people having a problem with this company and I am one of them.

I've recently got a ticket from UKCPS stating I was issued a ticket on March 10th for being parked @ a garage in Leeds.

To my despair they said that a ticket was stuck to my car windscreen that day. Now I cannot recall being at that certain car park on that day and I don't even know where it is and I definately didn't get a ticket or I would have seen it.

I tried calling them for about 1 hour today and eventually some akward person answered the phone out of breath. I explained to him I did not recieve a ticket on my windscreen or I would have paid the ticket by now. But he insisted I would have had one. I asked him also which car park I was in and he explained it, that it was on near a roundabout in Leeds.

I told him I didn't know where it was and he blatantly said I would have known where it is because I live in Leeds, (does it mean that wherever you live you know all your places) he then asked me how long I lived in Leeds, (Strange question to ask) I told him 2 years then again he said I should know where the roundabout is.

Again I refused to know where it is because I really don't know where it is. I started getting a bit hot headed, but not abusive ie swearing etc (usually in my nature but not today) telling the guy I honestly didn't know where it was and that he was putting words in my mouth as saying I knew where it was.

He then asked am I disputing the ticket I said yes and he said He will see me in court. He also said to me stop being abusive which I replied " Abusive??? I haven't even swore once how can I be abusive I bet you have had worse."

He then proceded that he will see me in court if I don't pay the fine, I said ok then thats fine, and he started to explain that if I put in a dispute with the payment then I wouldn't have to go to court, which at this time I just hung up on him.

Now where do I stand now??? The guy was so akward and I was getting really cheesed off with his attitude especially about me knowing where the car park was, when I really didn't.

[Barnsley Boy]

You have not committed any offence and you’ve been ticketed by a private company whose tickets have no status unless a case is brought at the expense of the issuer in a civil court. Under no circumstances get involved in any so-called "appeals procedure".
The "charge" is alleged under contract law. Despite what they may call it, what you have is an "invoice" (a decidedly dodgy one at that) from a private parking company who allege you have breached their terms and conditions by failing to park in accordance with their rules. The ticket is not backed up by statute, unlike those issued by councils and police.
The “ticket” is virtually unenforceable and the truth is that the Parking Company will probably not even try to enforce it by legal action. Instead they will use debt collectors who will threaten references to credit agencies, personal visits by bailiffs and removal of property. These threats have no foundation. The reality is they would need to bring civil litigation in the county court against the driver and prove a breach of prominently displayed terms and conditions. They will go to the DVLA to identify the registered keeper of the vehicle but you have no responsibility to tell them who was driving (even if it was you) and enforcement can only take place against the driver. These cases are largely dealt with by threats and bluster rather than any real action on the basis that most people pay up to avoid hassle.
Don’t be a mug – stand firm don’t be bullied.

[mcAteer4]

Thanks for that, I've jsut seen the templates for the letters, I will be using one to write back to them, will let you know how I get on.

[mcAteer4]

Just recieved another letter from these people and the fine is getting bigger £135, when it was £96,. SHould I chose to ignore this letter as I did the previous one??? I was thinking of writing today to them denying the claim as I know I did not get a parking ticket on my car at all!!!

Please help anyone.

[pin1onu]

Originally Posted by mcAteer4

Just recieved another letter from these people and the fine is getting bigger £135, when it was £96,. SHould I chose to ignore this letter as I did the previous one??? I was thinking of writing today to them denying the claim as I know I did not get a parking ticket on my car at all!!!

Please help anyone.

Don't write. Don't play their game. You have an invoice for an alleged breach of contract. You've excercised your right to remain silent and not incriminate yourself.

The onus of proof is them. They have to prove your car was where they said it was and the alleged breach occurred. Then they have to find the driver. They also have to prove the amount involved is not a penalty charge and so on.

Please note you are not being fined. Only a court can impose a fine.

As has been pointed out this is an invoice for an alleged breach of contract. The remedy for breach of contract is damages and any increase in the amount claimed will be interest (normally set at 8% p.a.). The court would dismiss any further amount.

This is just another threatening letter from people who are trying to frighten and intimidate.

If you feel you want to do something write back using the template letters. Admit nothing and deny your liability. You are under NO legal obligation to help them or to incriminate yourself.

Stand firm and this lot will eventually go away.

[mcAteer4]

Originally Posted by pin1onu

Don't write. Don't play their game. You have an invoice for an alleged breach of contract. You've excercised your right to remain silent and not incriminate yourself.

The onus of proof is them. They have to prove your car was where they said it was and the alleged breach occurred. Then they have to find the driver. They also have to prove the amount involved is not a penalty charge and so on.

Please note you are not being fined. Only a court can impose a fine.

As has been pointed out this is an invoice for an alleged breach of contract. The remedy for breach of contract is damages and any increase in the amount claimed will be interest (normally set at 8% p.a.). The court would dismiss any further amount.

This is just another threatening letter from people who are trying to frighten and intimidate.

If you feel you want to do something write back using the template letters. Admit nothing and deny your liability. You are under NO legal obligation to help them or to incriminate yourself.

Stand firm and this lot will eventually go away.

OK I think I should ignore it then tbh thanks!!! WIll let you know what is happening.

[Julian Fiddlepot]

Beware of not saying who was driving. You could well be on the receiving end of a Norwich Pharmacal order, compelling you by law to reveal that information.

[Bernie_the_Bolt]

Originally Posted by Julian Fiddlepot

Beware of not saying who was driving. You could well be on the receiving end of a Norwich Pharmacal order, compelling you by law to reveal that information.

In the highly unlikely event that one is sought it will be responded to appropriately.

[Steve__M]

Originally Posted by Bernie_the_Bolt

In the highly unlikely event that one is sought it will be responded to appropriately.

A very funny legal fantasy by Mr Fiddlepot!

In the first case the (very large) costs for such an order have to be paid for by the claimant under all circumstances, not the defendant. It's only relevant to big cases involving tens of thousands of pounds.

[Julian Fiddlepot]

Originally Posted by Steve__M

A very funny legal fantasy by Mr Fiddlepot!

In the first case the (very large) costs for such an order have to be paid for by the claimant

....and eventually by the parking offender.

[patdavies]

Originally Posted by Julian Fiddlepot

....and eventually by the parking offender.

This took place on private property.

Could you please define what offence has taken place in order for there to be an offender?

[Steve__M]

Originally Posted by Julian Fiddlepot

....and eventually by the parking offender.

Now you're being very silly

Here's the info anyway. In Car Park Manager Fantasy Land you would need to prove a cause of action against the registered keeper (eg. that he was a passenger perhaps?), and that the registered keeper won't be harmed in some way in providing this information (ie. his wife won't slap him round the chops for giving the game away).

Further the registered keeper would be entitled to ask that you pay his costs to defend the action. In the unlikely event that you are successful, you are thousands out of pocket without a chance of obtaining the cost from the "offender".

Norwich Pharmacal Co. v The Commissioners of Customs and Excise

In short, nobody has ever done this for parking, and noone ever will do it. Still it was an entertaining diversion.

[Barnsley Boy]

Is Julian Fiddlepot the new alias of Peternet [UKCPS Troll]? Can a moderator check whether it is the same IP?

[mcAteer4]

SO does that mean I still ignore the letters??? Which I will do anyways, my father keep telling me to pay it or take it to a police station or across the path from us there's a police officer and show it to him, but i keep telling my father to ignore it don't worry, he just worries too much I think.

[Julian Fiddlepot]

£75 +VAT as far as I'm aware.

[mcAteer4]

Originally Posted by Julian Fiddlepot

£75 +VAT as far as I'm aware.

What is £75+VAT??? You must be joking mate it is £135+VAT and £3 per day its not been paid

[Steve__M]

Originally Posted by mcAteer4

SO does that mean I still ignore the letters??? Which I will do anyways, my father keep telling me to pay it or take it to a police station or across the path from us there's a police officer and show it to him, but i keep telling my father to ignore it don't worry, he just worries too much I think.

Yes, ignore it. Tell your father it's a scam. And ignore Fiddlepot and his friends.

[pin1onu]

Originally Posted by mcAteer4

What is £75+VAT??? You must be joking mate it is £135+VAT and £3 per day its not been paid

The £3 per day is a fantasy. Even if it did reach court and by a miracle you lost you would pay the original amount claimed and some interest (8% p.a.) £158.62 * 8%=£12.69 £12.69/365 = £0.03 per day.

I'd suggest not feeding our PPC Troll. He doesn't need feeding.