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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Whilst out shopping with my disabled mother in law i was ticketed by the UKPC. Subsequently received a £40 fine today if paid within 14 days or £80 there after. Firstly the blue badge was on dispaly however lying on top of the dash and lets face it we all do this. I am really reluctant to pay this fine so what is the options. It was in scotland just incase there is a law variation. Also complained to tesco who were as helpful as an ashtray on a motor bike.
I am also a bit peeved that the DVLA hand this information out to anyone who deams themself a bonified company. What else can I do with this???
Flipn civil Traffic enforcment notice " big brother is definatley watching"
Its a ticket issued for parking on private land. They write to the registered keeper and imply that they are legally responsible, but in reality it is the driver of the vehicle who could potentially agreed to a contract. You could write back to them and inform them that as the registered keeper of the vehicle you are not liable.
What was the ticket issued for for just out of interest?
Its a ticket issued for parking on private land. They write to the registered keeper and imply that they are legally responsible, but in reality it is the driver of the vehicle who could potentially agreed to a contract. You could write back to them and inform them that as the registered keeper of the vehicle you are not liable.
What was the ticket issued for for just out of interest?
parking within a disabled bay with no badge dispalyed (when it was)
On the parking charge issue date you were the registered keeper/owner of the vehicle registration mark opposite when the parking charge notice was issued because the vehicle was allegedly involved in the contravention namely : unauthorised parking at Faraday retail park,Coatbank Street, Coatbridge. ML5 3SQ
As the registered owner/keeper of the vehicle at the time of the above contravention you are responsible for this payment of the Parking Charge Notice.
The parking charge of £80 must be paid within 28days of the enforcement notice issue date of this notice. If the Parking Charge is paid within 14 days of the date of the notice a reduced amount of £40 is payable.
Reprensentation can be made (within 7 days of notice) in writing only to UKPC appeals PO BOX 493 Iver Bucks SL0 9HP
FAILURE TO PAY THE FULL BALANCE OUTSTANDING WITHIN 28 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN UKPC FORWARDING THE OUTSTANDING AMOUNT TO A DEBT RECOVERY AGENCY WHERE YOU MAY INCUR ADDITIONAL COSTS
As the registered owner/keeper of the vehicle at the time of the above contravention you are responsible for this payment of the parking charge Notice.
That is typical of how these companies operate. They make their tickets look as official as possible, but the bottom line is they are issued in respect of parking on private property.
If you had received a penalty charge notice from a local authority, then as the registered keeper you would be responsible for the ticket, but this is not the case for tickets issued on private property. I wouldn't even bother corresponding with them. It is up to them to prove that they had a contract with the driver of the vehicle, not the registered keeper. And you are under no legal obligation whatsoever to supply them with the name of the driver.
If they pass the matter on to a debt recovery agent all you would need to do is to write to the agent and point out that you as the registered keeper are not liable for the matter and are disputing the ticket. They will have to pass it back to the parking company. Their only option after that would be to take the matter to county court, but to win their case there they would need evidence of who the driver was. Without that they are stuffed.
These companies know they tread on thin ice with the way they issue these tickets. They rely on their quasi official notices scaring people into paying up. I have yet to hear of one case where they have gone all the way to county court. I would just ignore their notices and see if they pass it on to a debt collection agency. I would be surprised if they do.
No, don't worry about whether the badge is showing in the picture or anything else.
It doesn't matter a jot whether you got a ticket on the windscreen.
It doesn't matter a jot that the parking is free or pay and display
The whole thing is unenforceable as you have already been told.
Write once, and once only, simply to point out that the registered keeper cannot be liable as any contract can only be formed with the driver. Add that any further communication from them, other than notification of cancellation of the ticket and any purported charges, will be regarded as harrassment and reported to the authorities.
I write with attention to the above parking notice. As the registered keeper of this vehicle I cannot be held liable as any contract can only be formed with the driver. Any further communication from yourselves, other than notification of cancellation of the ticket and any purported charges, will be regarded as harassment and reported to the authorities. At this time I have also spoken to the local newspaper about these charges whom are considering running a story about this. I have also contacted a tabloid newspaper and I m awaiting there return call. without prejudice
This is a copy of my letter what do you think??????
I would put "any alleged contract" so as to not admit that they actually have a contract.
I would add "As the registered keeper, I have no obligation to inform you of the identity of the driver at the time"
Remove the "without prejudice". It is neither valid nor relevant and if they do decide on Court (which is unknown and extremely unlikely), you will need to produce a copy of the letter - don't shackle yourself unnecessarily.
I wouldn't bother mentioning the Press at all. The advised letter comes across as simply meaning business, adding the bit about newspapers is just a rant. It is not relevant to your letter and will come as much more of a shock to them if thye have no pre-warning.
I was issued with a parking charge Notice, demanding £85, from a private company 3 months after the alleged 'offence'. Nothing was put on the car at the time, and I do not remember the incident. They have a photo of my car in the bay, but I may well have driven straight out again. This breaks DVLA's code of practice, but being voluntary is it not useless?
I was issued with a parking charge Notice, demanding £85, from a private company 3 months after the alleged 'offence'. Nothing was put on the car at the time, and I do not remember the incident. They have a photo of my car in the bay, but I may well have driven straight out again. This breaks DVLA's code of practice, but being voluntary is it not useless?
A photo of the car is as much use as a chocolate fireguard to them. They need to have proof of who the driver was and whether the driver agreed to enter into a contract with them and abide by the terms of their contract. They need proper signage up as well. As registered keeper, I would write back to them and point out that the registered keeper is under no obligation whatsoever to pay this charge, only the driver is. And the RK is under no obligation to state who the driver of the vehicle was at the time.
They may well write back and threaten to pass the matter to debt collectors. If they do, just write to them and point out that the matter is in dispute because of the fact that as the registered keeper you are not liable for the charge, only the driver is. Also inform them that this is your final correspondence in the matter and if you receive anything further, you will regard it as harassment and take the matter up with the relevent authorities.
So it will be back to the parking company. The only option they will have is to take you to court and to prove their case they will need to prove who the driver was and that they had a contract. It is highly unlikely they will go this far. These companies tend to rely on a heavy handed approach, scaring people into paying by claiming that the RK is liable, making their notices look like official pcn's. If people stand up to them, they will buckle.
Finally, take a look at this excellent thread for more on this matter:-
Aaaargh! Sent off letter, got a reply today which says "liability for the parking charge lies with you, the Owner/Keeper". It also says that "As the registered/keeper/of the vehicle you are LEGALLY liable for the parking charge even if you were not the driver at the time." (Is the law different in Scotland?).
They threaten that if £80 is not paid by 28th February "a Charge Certificate will be issued and further costs incurred"
Bankbustermum, it was parking in a private car park that got you this ticket wasn't it? Because they are using terms that are suggesting the ticket was an official one issued under the 1991 Road Traffic Act.
They are trying it on, pure and simple. Just write back to them and inform them that the registered keeper has no liability for a ticket issued by a private company for parking on private premises, only the driver does. Tell them to stop[ contacting you and warn them that any further contact from them will be regarded as harassment and you will take the matter up with the relevent authorities. And this I have taken from Petes excellent post about private parking:-
"The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :
(1) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(2) of the enforcement of any liability by legal process.
It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
Thus if you receive one of these invoices and it appears to purport to be a pcn or FPN then I strongly suggest that you report the incident to the police. The police are DUTY BOUND to investigate and act. I had to have a ‘debate’ with the local Sgt to have him act on my behalf, however if you are polite and firm then the police should take it on for you."
You might want to mention that piece of legislation to them, as I am guessing that they have made thier tickets look like official ones?
Aaaargh! Sent off letter, got a reply today which says "liability for the parking charge lies with you, the Owner/Keeper". It also says that "As the registered/keeper/of the vehicle you are LEGALLY liable for the parking charge even if you were not the driver at the time." (Is the law different in Scotland?).
They threaten that if £80 is not paid by 28th February "a Charge Certificate will be issued and further costs incurred"
Do I have to pay these swines?
No, they're full of it. I would report them to the police for offences under the Administraion of Justice Act, and for attempting to obtain money by deception by making that false statement.
Hi everyone - i am new to this site after someone recommending it.
I have read the forum and am now a little concerned that i have dropped myself in it with UKPC.
I parked on our local leisure park on a thursday lunch time. The car park was almost empty. I have my 8 week old baby with me at the time and as the car park doesn't have adequate parent and child spaces i had to take up 2 parking spaces to ensure that if anyone did park on either side of me i would be able to get the baby back into the car. I came back to my car and a ticket!!!
My problem now is that i wrote to them a month ago when the ticket was issued explaining the situation and appealing against the notice. They have not responded to my letter.
My Company actually leases this vehicle for me. The leasing company have written to me with a copy fine stating that they will not pay it.
I have also been in touch with Legal and General who own the land but they couldnt give a you know what!
Am i now going to have to pay the fine?
I feel I am being punished for having a baby - soon i wont be able to drive anywhere through fear of getting a ticket! HELP!!!!!
thats a tricky one because the leasing company could pay the invoice and then bill you plust costs.
I would write back to the parking company and say the RK does not have any contract with the leasing company and that you are the driver and that any contract is with you. I would advise the leasing company not to pay and copy them in on the correspondence.
I would write and say "on what basis do you feel you have entered into any contract with me". They are only entitled to damages. As the car park was free and there was plenty of space there is no damages.
UKPC parking invoice
Re: UKPC parking fine
Re: UKPC parking fine
Originally Posted by Rob S
Re: UKPC parking fine
