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.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Firstly i know these are generally unenforcable in law anyway, but i thought id share my experiences.
I got a notice to driver from UKPC today. For parking in a disabled bay. This was in a Tesco car park however the car park is owned by Legal and General.
The funny thing is that the car park owners thermal lanced the markings off the road today as they are converting that car park area to a Taxi rank. So there are no disbaled bays...
So anyway i took a photgraph of the car in situ with no markings visible just in case it ever caem to that.
However im going to send them the usual registered keeper not liable under civil law letter and tell them to get stuffed.
One question should I even mention that its no longer a disbaled bay or go down the registered keeper route?
I write with attention to the above parking notice.
The alleged contract breach above occurred in a private car park
As the registered keeper of this vehicle I cannot be held liable as any alleged contract can only be formed with the driver at the time. A registered keeper is only liable for a parking fine if the offence occurs on a public road and is a criminal matter. Your attempt to assert this to be the case in the alleged incident above equates to your company breaching the criminal justice act as quoted below:
"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;
As this is a civil matter I am under no obligation to inform you of the identity of the driver and that time of the alleged incident.
Furthermore any attempt by UKPC to assert that I am liable for this fine will result me reporting this matter the police as a breach of the “Administration of Justice Act 1970” and for harassment.
Please do not contact me again unless it is to confirm cancellation of the ticket and any purported charges
Yours sincerely
23.08.06 requested copy statements via phone, was promised call back (it never came)
25.08.06 Statements recieved
Ticket on private land on i a disabled bay...
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