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Liz Bradshaw

UKPS threaten legal action!!

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Guess what? Another post about UKCPS!

Despite having reminded them that I have no legal obligation to divulge the details of the driver to them they have now threatened legal action in that they will apply to the court for bailiffs to be given permission to clamp the vehicle ANYWHERE it may be i.e. at my home address or on the highway. As I am disabled and need the car to be available at all times I am now at the stage where I feel I should quote chapter and verse of the rules and regulations they should be acting under to them as a reminder of their responsibilities.

 

Where do I find these R&R's and in which section will I find the relevent part regarding the "No legal obligation to tell them who was driving" rule Also can anyone tell me which "law" I should quote to remind UKCPS that private parking companies should not use the phrase "Unauthorised Removal of this Notice is an Offence" if that is indeed the case.

 

The letter threatening court action arrived today (25th July 2009) and says that if payment is not made within 10 days court proceeding will be issued so any speedy accurate advice will be greatly appreciated.

 

Liz

P.S. Thanks to lamma for the previous reply.

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you wont get much help here

this thread is a year old.

 

anyhow

you dont need help..

 

totally ignore them

 

they can do nothing to you.

 

its an INVOICE for a contract you did not sign.

 

just do a bit of reading

 

ps i hope your sig is not your realname

if it is i'd get it changed

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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did they actually put this in writting

 

quote "they have now threatened legal action in that they will apply to the court for bailiffs to be given permission to clamp the vehicle ANYWHERE it may be i.e. at my home address or on the highway"

 

biggest load of BULLS@@T thats been heard on here I would say

 

i wonder what Law they think will allow them to clamp on the Public Highway or your driverway,

 

another few strange law's from "Planet Perky" maybe

 

could be interesting if you can scan the letter and post it , first removing any personal details


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The actual wording will be interesting. I guess this is an extension of the ‘COULD’ and ‘MAY’ tactic. I’ve no doubt that I COULD apply to the courts to have you sent to the moon! Not sure how much success I’d have but I COULD do it.

‘Quoting statutory powers they do not have’ springs to mind.

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Just to back up what Kiptower says about the clamping.

 

Clamping by a private individual can only be performed for an act of trespass. Their are conditions laid down by case law and also by regulations made under the Private Security Industry Act.

 

No-one can clamp a vehicle for debt except Bailiffs authorised by a court. Bailiffs can clamp your car (distress possessions) for debt. This only occurs after the matter has been heard in the county court, the defendent has lost, not paid the judgement in the time stipulated and the claimant has returned to court to get the judgement enforced (usually on your driveway). There are strict rules about where they can clamp your car and only after due process has been followed .

 

This statement made about clamping anywhere on the public highway is both factually incorrect and fraudulent. If you have a letter, make sure you keep hold of the letter as this statement is a clear attempt to intimidate you into paying. An even minded judge will take a dim view of this sort of statement.


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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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This statement is unlawful under the Administration of Justice Act 1970, The Consumer Protection from Unfair Trading Regulations 2008 (Section 7 'Aggressive commercial practices' and section 5 'Misleading actions') and the Fraud Act 2006 (Section 2 'Fraud by false representation').

 

Ignore everything. Chances of court are very slim.

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There you go Liz. You now have your own thread.:)


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Al27 is correct. I would guess a few business regulations as well !!

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Thanks for all that good people of the Consumer Forums!

Himself and I are not the most computer literate of folk so we're now "consulting the oracle" to learn how to scan and post the letter (wish us luck!)

I know most advice is along the "Just ignore them" lines BUT my partner's home is also his business address and so he REALLY doesn't want these rip-off merchants damaging his exceedingly good credit rating which is why I asked if anyone could answer my q's about the wording on the ticket claiming removal being an offence etc (as this is a civil matter I think the courts would also take a dim view of the word offence being used as it usually refers to criminal actions and I'm sure I've read somewhere on here that only Police and Local Authority issued tickets are supposed to carry that warning).

 

Am I also right in thinking that if private parking companies use look-alike road markings they are supposed to inform road users?

 

Like I said before I'd love to be able to quote chapter & verse of the laws rules & regulations to them just to make it absolutely clear to them that

a) they're not dealing with idiots

and

b) that we are NOT going to give in to intimidation.

 

Personally I'm up for finding out if this constitutes "Demanding Money With Menaces" 'cos that really is an OFFENCE - any lawyers out there willing to look into it?

 

Any info posted may also be useful to others in the future.

 

Cheers,

 

Liz

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first they CANNOT do anything to your credit ratings

 

second if they did really try your luck and take you to court , what they going to claim you did ? , all you did was ignore a [problem] invoice

 

this is what they want people to do , get worried that they can cause damage to your credit etc etc and pay them, however you know now they cant


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Hi,

 

There are a lot of myths about credit ratings and the effect of a CCJ. A CCJ can be obtained by a variety of methods all involving unpaid debt. Sources of unpaid debt can include insurance claims, merchant banking charges (rhyming slang) and CCJ wins.

 

Credit agencies only become concerned when the debt is unsatisfied. Mrs Pin 1 On U has a 2 CCJs relating from Motor Vehicle claims where 50/50 75/25 liability was sort. Both have gone against her and she has had CCJ's registered. She recently applied for a car loan and was successful because the alleged debts from the insurance claims were deemed satisfied within 28 days stipulated by the court.

 

I ran my own IT contracting business for over 12 years so know a little about company and contact law. The thing you need to remember is that your partner wears a number of different hats - hats refer to different legal entities.

 

If you are a limited liability company then the following apply

 

1. Directors Hat - the main man - going concern- main source of divends. Actions with this hat on bind the company.

2. Company Secretary Hat - carries out the will of the board and ensures resolutions including diviends are paid out. Actions with this hat may bind the company.

3. Accountant - suggests methods of legal tax evasion or tax avoidance.

4. Employee - pleb or worker

5. Private individuals hat

 

Of these the only one of concern is the private individuals hat because it's all about your partner rather than his business. A bankrupt cannot be a company director.

 

Your partner is a totally seperate legal entity from his limited company. Please note that different rules apply to partnerships and/or sole traders.

 

As far as a limited company is concerned any private debt accumulated is totally different from company debt.

 

Someone I know ran his limited company into the ground stiffing the Inland Revenue for over £15000 in VAT and ACT. The revenue could have recovered £1000 from the limited liability but chose not to because it wasn't worth it. I don't condone his actions but smile because he put one over on the taxman - a worthy pursuit in my book.:-)

 

All that said - ignoring these kn*bheads is probably your best bet.

Edited by pin1onu

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Liz - Google the legislation above to see the exact offences committed.

 

Like I said before I'd love to be able to quote chapter & verse of the laws rules & regulations to them just to make it absolutely clear to them that

a) they're not dealing with idiots

and

b) that we are NOT going to give in to intimidation.

 

Ok, your thinking is all wrong. They don't care that you aren't an idiot. They don't care you won't be intimidated. You're just a generic person tied to an address. You can't fend them off by beating your chest - these are [problem] artists. Any contact you make will just cause them to have a good giggle at your letter in the office because you have just demonstrated you don't understand the [problem]. They know it's a con - you demonstrate you know it too by not contacting them.

 

Should UKCPS take court action, we have a solid defence which is too comprehensive to go into here.

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blimey if your panicing over your second little letter

what will you when it gets to the fifth or sixth & they will be from a DCA!!!!

oh dear i'm going to poo myself..

 

IGNORE THEM THERE IS NOTHING THEY CAN DO YOU.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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blimey if your panicing over your second little letter

what will you when it gets to the fifth or sixth & they will be from a DCA!!!!

oh dear i'm going to poo myself..

 

IGNORE THEM THERE IS NOTHING THEY CAN DO YOU.

 

dx

 

No no no no! We're onto their 5th missive. Think the info from Al27's going to be useful.

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about one more and they'll give up.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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subbing


Please remember our troops, fighting and dying in our name. God protect them.

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