UKCPS - Threatening Court Action

[Simon7685]

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Edited March 16, 2009 by Simon7685

[Barnsley Boy]

Hi Simon,

 

UKCPS appear to be carrying out the scattergun approach to court cases at the moment. We know of one case where court papers have actually been issued. The case itself is due to be heard in a few weeks time. There is still every chance that, given a decent defence, UKCPS will not turn up.

 

If UKCPS do submit court papers, you can submit a skeleton defence along the lines of bullet points as per http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/65341-private-parking-companies-charges.html You will then have more time to submit further documents at a later stage.

 

In the meantime it is worth writing to the DVLA requesting any recent V888/2 information applications made in respect of your vehicle. This will reveal information such as PPC making the request, landowner information and so on. There is a template letter for this here:

 

FAQs - PPCs - fighting back. The forces are aligned

 

UKCPS are a member of BPA. They are deemed to have signed up to BPA procedures. The letter you have received is in blatant disregard to these procedures. Complain to BPA / DVLA in accordance with above linked guidelines.

Edited September 30, 2008 by Barnsley Boy
mistake - as pointed out by couldthisbereal2

[dinate]

UKCPS ARE/or different to UKPC??

[Barnsley Boy]

Yes, UKCPS & UKPC are different companies.

 

UCCPS here: UKCPS Car Park Management

 

UKPC here: UKPC - Parking Solutions - UK Parking Enforcement Agency

 

separate companies, same tosh business model

[couldthisbereal2]

If UKCPS do submit court papers, you can submit a skeleton defence along the lines of "The alleged debt is disputed in its entirety, there is no legal justification for UKCPS's charge." You will then have more time to submit a proper defence at a later stage.

 

Your advice is not quite right, if any company issues a claim (not just a parking company) you then have to submit a fully detailed defence.

 

A person cannot change their defence as they feel like it, the defence submitted to the court in response to a claim has to be a full statement not a 1 liner (the claimant can apply to have the defence struck out if it does not fully describe why the claim should be defended).

 

Documents supporting the filed defence will then be filed & served nearer the hearing date.

[Simon7685]

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Edited March 16, 2009 by Simon7685

[lamma]

No they cannot. It is a civil matter so the burden of proof is entirely upon them. Strange how PPC letters and websites never mention that isn't it ? along with all the other things they never mention.....

[Simon7685]

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Edited March 16, 2009 by Simon7685

[Barnsley Boy]

Yes, their case, such as it is, is based on contract. The contract is with an individual living breathing human being. It is not with an inaminate object [car]. If you wish to pursue a debt, the minimum requirement is to establish who owes you the money.

[Bookworm]

Complain to BPA / DVLA in accordance with above linked guidelines.

Great link.

 

One thing, though: If in breach of the CPUT Regs 08, then the complaint should be directed to the OFT. It will be them and them only who have the statutory powers to investigate any potential breach of the CPUTs. Maybe you could bring that to the attention of those who wrote the FAQs on Pepipoo?

 

It doesn't mean that you can't write to complain to the others as well, of course.

[lamma]

It is a good link. OFT/TS to enforce - but nothing wrong with pointing out the breach to DVLA especially as according to that article TS have already given the heads up to the BPA and the BPA took steps to not violate. That article is all about the signed up Code of practice that is not being followed and the DVLA insisting that the Code is enforced by the BPA. Seems enough leverage to me. Looks like all the PPCs have signed up to the Code but none are following it - but DVLA insist it is enforced. Good stuff to use by the look of it. either the BPA gets slapped or the PPCs do - or both - what can be bad about that ? having read it three or four times it looks to me that sending those letters is a very good idea indeed. Maybe the mods here should ask the pepipoo mods if a permanent link can be put in the stickies here ? ?

[Simon7685]

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Edited March 16, 2009 by Simon7685

[crem]

It was also said that a number of these tickets end up being passed to debt collectors, can that be right without taking you to court first?

 

Don't confuse debt collectors with bailiffs. Debt collectors are just ordinary people like the PPCs (if that qualifies as ordinary!) who carry on asking you for money. The have no more legal clout then the PPC and you can carry on refusing to pay them like the PPC.

 

If bailiffs are involved it would be after you had been taken to court and refused, or were unable, to pay the court judgement.

[Bookworm]

If bailiffs are involved it would be after you had been taken to court and refused, or were unable, to pay the court judgement.

and that's assuming you lost, of course.

[crem]

and that's assuming you lost, of course.

 

Oops! yes I meant that bit as well Bookworm.

[Simon7685]

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Edited March 16, 2009 by Simon7685

[Al27]

If they carried out every court threat, they wouldn't have any time to man the office and send out those 'appeal rejected' template letters!

[Simon7685]

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Edited March 16, 2009 by Simon7685

[angela-27]

good luck let us know what happens! x

[Simon7685]

..

Edited March 16, 2009 by Simon7685

[lamma]

sorry to hear about that but it what is expected really. There is one post in this thread that is completely misleading - example enough I think. many other examples on here. NEVER publish the defense - let them find out from court.

[Simon7685]

Well said!

[pin1onu]

Everyone who posts on these forums should be aware that there are lurkers (people who read the thread but do not post) not just from UKCPS but from other PPC's as well (Combined Parking Solutions for one).

 

It's why we advise that anything posted has it details washed. I've know of several people who have had their posts (or alleged posts) copied and the PPC have attempted to use the said posts to bring pressure to bear.

 

This site poses a problem for their operating model and must pee them off big style( )but those posting need to take care about what they reveal.

[sqwiggs]

ive just been on the bpa website and they dont have their members on show, does anyone know where the list is, it told me i need to become a member and im not paying just to see if ukcps are actually signed up to it.

 

i recently recieved my first letter from peter, telling me not to believe a word anyone says on forums and to pay the 120 pounds. (funny a company would say such a thing)

 

he also sent me photos of my car (after stating they cant get photos) of which on the photos the date states they were took in january 2007, i didnt even have the car then so dont think that would stand up in court as solid proof.

 

even though every1 tells me to laugh at him i do think he is out to get me as im a woman, so since my boyfriend has a lot of legal info as soon as he using any threatening words in his letters i will be doing him over for harrasment, never the less his moody little world shall go on, without my pennies in his back pocket!!

 

have ukcps taken anyone to court yet and what has been the outcome?

 

i know their kinda like hippos, all mouth :/

[Al27]

Nobody who hasn't contacted them first.

 

Just ignore him.