Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
we went into leeds on saturday night to a church meeting at 8.00 parked on the church car park, asked the minester as we walked in if it was ok to park on the church car park he said "yes no problem" when we came out we had a ticket fot 60 pounds from ukcps pay in 10 day or extra 3 pounds per day. we hadnt been to this church before so didnt know if we needed a parking ticket. it does say that if i want to appeal i should pay the cheque and send a letter in as well, but if i pay i am admitting to guilt by sending the cheque
Whether or not you pay the charge is entirely down to you, how strongly you feel and how resilient you are prepared to be!
The ticket is a private ticket - you have committed no 'offence' broken no 'law' nor will you have the police knocking at the door. If you study the sticky on the front page regarding private parking companies then you will learn that ultimately there is no legal obligation to pay this charge, although the parking company will probably make threats of escalating costs, court action and debt collection.
Understand one thing - if you send payment with your appeal then you will not see your money again! It is a near certainty that any 'appeal' will fail. What you have is an allegation that you have trespassed and UKCPS, acting on behalf of the landowner are willing to settle out of court for £60. However much they threaten, they will not take you to court as except in very limited circumstances the remedy for trespass is damages to the landowner in reflection of any loss caused by your trespass. Did the landowner lose financially or otherwise as a result of your action? Highly unlikely.
UKPCS are running a business - their own website states this as their 'revenue is from charges made to motorists'. In order to generate a (significant) profit they rely on people paying up, and futile civil action would simply be a cost with little chance of recovery.
Does the car park belong to the church? If so, you were there with the permission of the landowner (well certainly His representative!). If so then perhaps the Minister would be prepared to have the ticket cancelled for you.
Personally I would do nothing. UKPCS will then obtain the registered keeper's address from the DVLA and write demanding payment. At this point write back and refuse payment on the grounds that you were parked there with permission and made no agreement with either the landowner of UKPCS to pay for the privilege. You will probably then receive a letter from a debt collector threatening legal action, at which point you advise them that the matter is in dispute with their client. The matter may end at that point, but if not it will do another few circuits before UKPCS realise that the cost of the threats is outweighing the chance of receiving payment.
Plenty of people around to offer support and advice if you need it, but have a read around various threads (if you haven't already) and I can almost guarantee that you will not find a single case which has proceeded to enforcement.
If the landowner or one of his representatives give you permission, the charge is probably null and void anyway. Plus the fact that their is implied access by having a car park in front of a church - it's the whole reason for the car park.
I have read most of the forums in regards to ukcps.
My father most recently has been given a parking ticket of £75 due to not displaying disabled badges having parked on a disable spot in a so called private car park!
My father is 62 and has disabled badges. He is a heart patient due to a heart attack some years ago and he doesn't stay that well! He also has a bad back and a weak memory as can be confirmed by his local GP.
He is eligible to drive but does sometimes forget to display his blue badge.
Now i wrote to them through one of the members of the council called EDITED explaining about my fathers condition as well as sending of photocopy's of the badges but in reply i got told that they have a strict disabled badge policy and that the least they can do is to allow my father to pay in 4 installments (20*3 and 15*1)!
The letter looked very fake with no signature at the bottom but just saying yours truly EDITED
Now the doctors note was not sent to them but i did call them or shall i say "him" edited because he always answers the call and writes the letters......seems like a one man show!
But he is very rude on the phone both to me and my sister and says even if you send us a doctors note i wouldn't consider it!!!
I rang him myself and he sent me the evidence (photographs) which obviously confirmed what i already knew! Whenever you ring him the so called company it diverts to his mobile as sometimes it goes to the tmobile answer machine!
Now just yesterday, 5-7 days after they wrote the first letter about paying in 4 installments, He has sent me another letter saying warning in bold letters and fancy borders and colours around it!
Its seems as though he just got some fresh inc cartridge buy ripping somebody of with a parking ticket as his first letter was black and white and his second all colourful but this time no name at all at the bottom!
It seems to me a cowboy company as there appeal procedure is that you must enclose the cheque with the appeal otherwise your appeal wont be considered! But when cllr EDITED wrote to them on my fathers behalf we didn't send any money with it and he still replied!
Can anybody advice a.s.a.p on this matter because i have thought to get a solicitor and get him to write to them so that they may get scared but i don't know??? He is continuing to harass my father and i as i said before because he is not well he cant stand with these letters keep coming and pay for something that is not his fault!
My father has badges and a doctors note to state his illnesses including a weak memory!
Any suggestions?? advice? i will be very grateful or a form of letter i can send to them??
ukcps parking charge
. it does say that if i want to appeal i should pay the cheque and send a letter in as well, but if i pay i am admitting to guilt by sending the cheque
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WON / 19 November 2007