Thread: Another Private parking fine...

Hello people

I have read the excellent sticky at the top and many of the other threads, certainly made for some interesting reading and in hindsight I wish I had found them before firing off a knee jerk letter last week! However I will briefly outline my situation and maybe somebody could shed some light on where I stand...

I have parked in aspects leisure car park in bristol using the same spaces for over 5 years without any problems at all. I have a favourite space simply due to the fact that it is free from other cars and avids the classic car door denting scenario. A few weeks back I had a ticket left on my window out of the blue. A UKPC ticket (notification of unauthorised parking). Apparently I was 'parked out of marked bay'. Is there a law which describes what constitutes a bay? The space in question has and is used on a daily basis and is in no way causing an obstruction to any other vehicle. It has a white line on one short side and a wall and curb around the other 2 sides leaving a clear opening for a vehicle. If there is no parking permitted here is it not their reponsibilty to make this clear? Disabled spaces are clearly marked as are other areas with cross hatched yellow lines so why not this area?

Since my ticket 2 weeks ago I have seen another 5 cars with tickets on their windows in exactly this position. The car park has not been busy yet obviously everyone thinks this is a legitimate space. In my opinion its clearly profiteering by deception by how does this stand in the eyes of the law?

I have since located signs around the car park with information regarding penalties if not parked in the designated bays but what is the legal definition of a designated bay? I have already written to UKPC and asked them to clarify this and as to why I have never been penalised over the last 5 years yet both questions have been ignored and lucky me, I have been given a further 7 days to cough up the bargian sum of £45 which has now risen to £90 as I have not paid. I have no intention of paying as it's simply unfair. I am not paying simple as. But...

What are the consequnces? Can I end up with a CCJ against me just for persuing what I believe to be right and legal and asking for proof? I certainly don't want to affect my future in obtaining credit etc but I really can't give in to bullies.

Any help, advice, support or otherwise would certainly be much appreciated!

PS.. not sure if it's important or not but the ticket left on my car had no warden number when there is space for it. Thanks in advance...

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You can get into hifaluting discussions about what constitutes a marked bay. Not complying has different results whether it is a council car park or not.

Council Car Park - do not park other than within marked bays or the registered keeper will be fined.

Private Car Park - Just so much white paint. You get a few annoying letters demanding money - these you can ignore.

UKPC are persistant letter writers, you will get demands from them. After a couple of letters you will get the one from the "debt collection Agency". Don't worry, this is all very normal. Just ignore from now on. UKPC DON'T DO ANYTHING!

Well thanks for advice.

I will not be paying and will probably send them another letter just purely for my own benefit. It will be better researched this time around!

I wonder how this would hold up in court if they ever bothered to persue it...

It wouldn't.

Their loss from you not parking in a marked bay is £0, so that is all they're entitled to.

Not to mention, that even if they did suffer loss, they would have demonstrate they made clear what was a marked bay.

Plus, they'd have to find out who the driver was. They can only get the owner's details from the DVLA.

To get a CCJ, you would have to be taken to court AND lose AND still refuse to pay within 28 days.

All you have is an unenforceable invoice.

Personally I would completely ignore, but if you want to send them a letter from the templates, go ahead.

well thanks very much people. Excellent advice and I certainly feel reassured in the fact that they will not be getting a penny out of me.

Incidentally, I checked yesterday evening and from the point I park my car and then exit the car park via steps, there are no visible signs at all while on foot. Of course I have to pass signs with small print on the way in but I doubt this can be considered adequate warning by any stretch of the imagination.

I have already admitted being the driver but absolutely there is no loss on there part so any financial penalty could certainly be considerd exorbitant.

Great site.. I have a feeling I will be saving quite a bit of money in the future it's just a shame most other people really don't even consider the actual facts of penalties like this!

Will certainly spread the word. Tis the least we can all do.. cheers.

well much has happened since I chose to not bother sending any more letters to UKPC...

I returned from my holiday a week ago and had a debt collectors letter waiting for me. Asking me to pay an amount of £125 within 7 days.

Some 2 days later I have now recieved a letter from a solicitors entitled 'notice of intended legal action'. There are additional costs asociated with this totalling £142.2, so now I apparently owe £267.25.

Help! Surely this was not supposed to happen! UKPC failed to answer any of my queries when I first wrote to them... is this legal?

The soliciors letter also warns of damage to my credit lasting 6 years if I do not pay up and that they may instruct bayliffs to attend my property.

I'm not sure ignoring this parking fine was the best move, any help appreciated...

Originally Posted by Jaydubya

The soliciors letter also warns of damage to my credit lasting 6 years if I do not pay up and that they may instruct bayliffs to attend my property.

I'm not sure ignoring this parking fine was the best move, any help appreciated...

And that is exactly how they want you to feel!

Hold steady as nothing you have received is any different to stuff other people have received in similar cases. Their entire approach has been to try and frighten you into paying.

Why didn't they just give you a couple of weeks at the start then immediately take you to court for not paying? Answer, coz their legal arguement isn't valid so they simply rely on frightening enough people into paying to keep them in their luxury houses.

Originally Posted by Jaydubya

"snipped"

The soliciors letter also warns of damage to my credit lasting 6 years if I do not pay up and that they may instruct bayliffs to attend my property.

I'm not sure ignoring this parking fine was the best move, any help appreciated...

I am not an expert like cremm and lamma, but I do put people, well companies actually, in court for none payment on a regular basis. Firstly you need to actually owe them something, which cremm & lamma will help you prove you dont.

If you did owe and it had to go to court, then IF the case went against you, you still get time to pay, if you didn't pay, it's time for enforcement, only then can bailiffs be used, which I never do personally, I always have someone ordered to attend court for questioning, usually scares them into paying up.

Dont worry be happy !!

I Hate Excel

let is see the exact contents of this 'solicitor's letter' - from what you have quoted they may be talking complete and utter rubbish. If this is areal solicitor the SRA should be notified. bet lets see the exact contents so that accurate comments can be made.

Here is a copy of the letter below:

NOTICE OF INTENDED LEGAL ACTION

You were written to by UK parking control LTD and their agent Roxburghe requesting the settlement of a parking Contravention Charge Notice. Due to the absence of payment, or a valid appeal, our client has instructed us to proceed to legal action to recover the wmount due.

Therefore it is a legal requirement to send a notice of INTENDED LITIGATION before legal proceedings are issued in the county court. This letter fulfills this requirement.

Take note; the costs associated with issuing a claim is as follows:
claim fee £30
Solicitors costs: £50
judgement cossts: £25
Warrant issue fee: £35
Solicitors cost for issuing warrant: £2.25
Total: £142.25

Any judgemnet registered against you could seriously affect your chances of obtaining credit in the future, as this information can be made available to any interested parties via the Register of Judgements, Orders & Fines, and remains there for 6 years.

In th event of a judgment order not being adhered to, we may instruct bailiffs to attend your address who are authorised to seize goods for sale at public auction in the amount claimed plus all stautuatory interest.

Please contact us for your proposals for settlement within 7 days to avoid the possibility of this action.

Yours etc etc


Well there we have it.... It is dated the 8th October so I feel I need to act fairly swiftly but what to do I have no idea. I certainly don't ant to pay but then my partner would go insane if she had seen the solicitors letter!

Any ideas?

Strangely enough the solicitors are Graham White (A quick google search has revealed I am not the only one being hassled by him!) who is also coincidentally at exactly the same address as the Debt Collecting agency (Roxburghe). The letter states at the bottom that they are regulated and has registered number etc so I would guess they are solicitors?

All sounds a bit odd to me... but then what do I know?!

that is a trading name being used. it was #sold on' by a solicitor who works for lambeth council. that paper should say at the bottom somewhere that this is so and reveal the real name. The SRA got unhappy with the use of G WHite in the past - as did the real G white

Indeed yes and I quote 'Graham White Solicitors is a trading name of Michael Sobell, Solicitor'.

So what does this all mean to me and my circumstances?

PS... just in case of any confusion I have 2 active accounts as Jaydubya and Khasar as I forgot my password and then couldn't access my other email to retrieve it. We are and I am the same person so sorry for any confusion!

It means you're near the end of the process!

Sue at Graham White's sends two letters I believe and then gives up.

Originally Posted by letshelp

You are starting to sound like a ppc, with all these different names for the same person

Now there's something I am guilty of!