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I've now been following this thread for a while since receiving my first ticket from UKCPS in February this year. I was parked in an area close to an area governed by UKCPS, set out with the use of double yellow lines. I was not, however, parked on these double yellow lines. I followed advice, stating that these tickets were not enforceable and never responded to the letters. I received four or five letters, stating the usual - increase in the penalty, will be taken to court etc.
I then received a further ticket in July this year, from inside an underground car park at an apartment complex where I was staying at my boyfriend's. We had a relevant permit for a space in the car park that we had paid for for. When moving out of the property, we parked the car by the lift exit to load up and it is then we received the ticket. We saw the guy who put the ticket on (think his name was Gary) and my boyfriend explained to him that we had permission fromt the building's concierge to park there while loading. He said that we needed to contact UKCPS in the morning directly. We did this, and were advised that to appeal, we would first need to pay the fine. Which, of course, we didn't do. I then received the usual chasing letters over the space of the next couple of months.
I have received today a letter from UKCPS, different from the usual generic installment, from a Peter Haswell, advising that papers have now been prepared to take me to court. Unless I pay a reduced fee, as a gesture of goodwill, of £200. The total fee has now been capped at £300. The reason stated in the letter for incurring the fee was 'without valid permit or authority'. I do have a permit and received authority from the concierge, who represents the managment company who contract out to UKCPS.
I have today tried reading through the threads relating the man in Oldham who had his case taken to court, but can't really understand how that has ended.
What do people think about my situation? Why has one ticket been enforced with court papers and the other not? Do they send many of these 'court papers prepared letters'? Do many actually end up in court?
I have today tried reading through the threads relating the man in Oldham who had his case taken to court, but can't really understand how that has ended.
It ended with the Judge dismissing the claim on the basis that the RK was not the driver and therefore there was no contract. The PPC were invited to re-submit the case with the correct details (i.e. naming the driver)
Originally Posted by Patch2008
What do people think about my situation? Why has one ticket been enforced with court papers and the other not? Do they send many of these 'court papers prepared letters'? Do many actually end up in court?
There have been a few cases involving PPC's. Not many end up in court because they are unable to prove who the driver was, that the amount being claimed is not a penalty charge, the contract contains unfair terms and so on....
There have been cases that have gone to court - however they are in the minority (I'd say 1%) and they have had a mixed bag to say the least. They won a few cases. Most of the so called PPC "wins" in court result from either defendants not showing up for the case (judgement by default) or from poorly constructed defenses showing ignorance of contract law/penalty charges, unfair terms in consumer contracts etc. Usually when presented with a properly constructed defense they don't show up in court or withdraw the claim.
PPC's will send lots of stuff to try and intimidate people into paying. This bumf has included unstamped court papers. It is easy enough to check if they have lodged a claim against you in the court. The papers will have a court seal if issued in local court or have a reference number if issued from the online service (MCOL = Money Claim Online). A quick phone call is all that's needed to establish the bona fides of court papers either to the issuing court or the bulk processing centre in Northampton.
In your case I would read the Private Parking Charges guide in the sticky. That will set out the rights and wrongs of the charges. The fact that you had permission from the concierge points to the nonsense of this "breach of contract".
I think you can safely ignore all the bumf they are sending you. They are extremely unlikely to issue proeceedings against you. If they do post details up here and there will be no shortage of people to advise you.
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And should be greeted with a one or two finger gesture of your own.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
I have received today a letter from UKCPS, different from the usual generic installment, from a Peter Haswell, advising that papers have now been prepared to take me to court.
What do people think about my situation?
I think you need to learn to read between the lines. ;-)
You are not being taken to court, you are being threatened with being taken to court. 2 very different things.
If and when you receive a for N1 issued by Northampton bulk centre, that's when you are being taken to court. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
UKCPS now taking me to court . . .
, of £200. The total fee has now been capped at £300. The reason stated in the letter for incurring the fee was 'without valid permit or authority'. I do have a permit and received authority from the concierge, who represents the managment company who contract out to UKCPS.
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Originally Posted by Patch2008
