80.00 to park in a bay I own? Surely not, UKPC

[Mark1217]

Hi all;

I have read as much as I can before posting this and it looks very helpful, but I do have a problem I couldn't find the answer to. The dreaded UKPC are involved.

I recently moved to a new flat and purchased an underground parking bay which was added to the deeds of my property. I have the solicitors letter to prove I paid for that particular space.

I freely admit that I took my time in:
(a) Telling the DVLA of my change of address (I have since done that).
(b) Getting hold of a permit which it says at the entrance you are supposed to display (done that now too).

Recently my car was off the road for 2 weeks and naturally I left it in my own bay. I was not amused to get an 80.00 ticket from UKPC on 11/3(issued by one of our security guards under the self-ticketing system) giving the reason that I was in an "unauthorised area". The ticket stated that I was to wait until UKPC wrote to me and they would be contacting the DVLA for my details. I knew that the address would not have been updated so I helpfully phoned the number on the ticket to let them know my new address, and mentioned that I would be disputing the charge. I was told there would be an address to write back to when I got a letter.

Its now been over a month and I have heard nothing, but my concern is that UKPC are writing to my old address and could escalate this to County Court without my knowledge. If I don't respond a CCJ would be entered against me by default. I have no way of knowing if they have written; I even called UKPC again to ask if they had written to me but the person on the phone said she was not able to check that, as it was a "helpline" (perhaps they have a new definition of help??).

Having read these forums I prepared to take them on and argue but I need to get their letters - should I write to them? I found an address on their website. If so what should I say in the first instance?

It seems my argument would be that no actual loss was caused by my parking in my own bay and that an 80.00 charge is therefore a penalty rather than damages and as such not likely to be awarded in court - is this right?

All assistance gratefully appreciated...

[GuidoT]

Welcome to CAG.

Have a look here.

If they obtain a CCJ against you should be able to set it aside (removed) on the basis that it was served on the incorrect address.

I have about 50 tickets from OPC for bays that I pay for as here.

[Mark1217]

Thanks Guido,

I might be able to have a CCJ set aside for being served on the wrong address, but as I was slow in updating the DVLA I just wondered if them
having that address for the vehicle would be judged to be my fault. I don't have any experience of county courts so I don't know how it works.

The advice in the link is not to write to UKPC unless they write to me, so I unless I hear from them at my correct address I have decided not to get in touch with them again. I think I did enough in calling to let them know my address.

I also saw your excellent letter to OPC quoting statutes / legal arguments - if I do have to write to them I will base it on that.

Cheers!

[Mossycat]

First off there is more chance of you winning the lottery than UKPC actually taking you to Court.

Second off there is more chance of you winning the lottery 2 weeks running than UKPC turning up to County Court if they do actually bother issuing a summons

Third off there is more chance of you winning the lottery every week for a year than UKPC winning in Court.

Sit back and wait, read the templates and some of the other threads, do not reply to them until they contact you and then only send them a standard reply using one of the templates.

Mossycat

[Conniff]

Who told you, you have to display a permit to park on private land, your own private land?

I don't have to show a permit on my driveway and no one can make me.

There is nothing to dispute. Whoever hired this company should tell them what bays are private and which they can control. You don't have to write letters disputing anything.

[patdavies]

In fact, since you own the bay, the security guard has trespassed on your property to issue the ticket.

You can only be required to display a permit on your vehicle, when parked on your private land like this, if it is a restrictive covenant written into the deeds for the parking space (ie. a condition of purchase).

[JonCris]

OP do you employ & pay fees for a mangement company & what do the terms of the lease (assuming it is a lease) say about parking

[Mark1217]

Hi all,

This is an interesting point about the lease - the lease variation from when I bought the space would have sent to my building society I believe, but I will see if can get a copy to see whether it says I must display a permit. I must have signed it, but I really don't remember reading that being a condition of sale.

There are signs at the point of entry to the car park re: the need to display permits and the security team (as instructed by the managing agents on behalf of the freehold board) sometimes ticket vehicles on the estate without permits because they are concerned about non-owners parking there. From what I heard before though, this would usually be done if someone complained to security about an unknown vehicle being in their private space. To target me makes no sense, as no-one could possibly have complained about me being in my own bay.

The whole thing seems quite crazy, but I did not want to end up with a CCJ over it. Re: Mossycat's post though: I like those odds!!

[GuidoT]

For you to end up with a CCJ registered against you, i) they have to commence proceedings against you, ii) be successful and iii) then you fail to pay the sum within 28 days.

The chances of 1 and 2 occurring are very slim and even if they did you could avoid a CCJ being registered against you by paying the judgement in 28 days.

If judgement is decided against you a CCJ does not get registered unless you fail to pay the debt in 28 days.

You really need not be concerned about any potential CCJ.

[Conniff]

As we know they don't run to court over other tickets, so they wont run with this one when they are aware that is owned by the person parked there.
No civil or criminal offence has been committed, you can't be ccj'd for parking on your own land.

[JonCris]

Connif the problem may be that although the OP has paid to use the land he may not, as with his flat, actually own it.

The freeholder probably still owns it & if so they can impose conditions on it's use (usually by mutual agreement between all leaseholders) one of which can relate to parking restrictions.

That's why it's important to know what the leases states.

[Conniff]

I expect your correct JC, it was the bit about him having it added to the deeds that kept any thought of a lease from my mind.