Fraud?

[paulrockliffe]

UKPC LTD included the following in a Charge Certificate they sent in my general direction recently:

 

“As the registered owner/keeper of the vehicle at the time of the above contravention you are responsible for the payment of the Parking Charge Notice”

Having thought about it a bit, I'm pretty sure that this amounts to an attempt to obtain money by deception, ie fraud.

Am I correct in thinking this?

[paulrockliffe]

Also, by not bringing this Fraud to the attention of the Police do I become an accessory to the crime?

[pin1onu]

UKPC LTD included the following in a Charge Certificate they sent in my general direction recently:

 

“As the registered owner/keeper of the vehicle at the time of the above contravention you are responsible for the payment of the Parking Charge Notice”

 

Having thought about it a bit, I'm pretty sure that this amounts to an attempt to obtain money by deception, ie fraud.

 

Am I correct in thinking this?

You could indeed argue this - getting the cops to investigate is a bit harder. They are quoting from the almost verbatim from the guidelines for PCNs issued by the DFT. Probably your best best is to report them to Trading Standards. Other advice on this forum is keep track of these letters and build a harrassment case

 

They are committing an offense under section 40.1.d of the Administration of Justice Act 1970.

 

40. Punishment for unlawful harassment of debtors.

(1) 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 a contract, he—

(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of 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;

 

©falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

 

(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.

 

 

(2) A person may be guilty of an offence by virtue of subsection (1)(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.

 

(3) Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—

(a)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

 

(b)of the enforcement of any liability by legal process.

 

 

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400.

[Barnsley Boy]

If you have the patience, try the Police by all means. Lots have tried it before and have got the yawning response - Civil Matter!

[Zamzara]

Though things are changing: Monday's Watchdog reported that Trading Standards investigated a PPC. They're starting to take an interest in the field as the illegal practices become more blatant and widespread.

[bmwman]

Hi All

 

Depending on the date they issued the invoice have a look at the new Fraud Act 2006 found here

 

The CPS : The Fraud Act 2006

 

Very interesting reading