UKCPS Parking Charge

[The_Fish]

I found one on my window this morning having spent the weekend away. It is in a private car park underneath my apartment block. I have the right to park there, there are no permits. I have a fob for access. However I wasn't parked in the correct spot.

 

The car park is never more than 50% full and I always see cars in different spots.I phoned them up (stupidly) and explained this and gave the ticket number, but did not give any personal details. They told me I had to pay the fine and appeal by writing.

 

Since doing a bit of reading I see that they are cowboys.However, the vehicle is not owned by myself. The vehicle's owner is currently not in the country. This should be a straight forward win for me right?

 

Thanks in advance.

Edited August 31, 2011 by The_Fish

[DBC]

From now on ignore them.You don't owe them a penny and it's not a "fine". Do not "appeal" as they use that to try and ascertain who the driver was.

 

One word of warning, staff from UKCPS monitor these forums so be very careful what you say on here , especially regarding the identity of the driver. Also do not respond to any private messages. They might also come from UKCPS.

[sailor sam]

UKCPS will send threat-o-grams to the registered keeper. There is no appeal and the general advice is to ignore. The only problem I can see though is that if you park the same car there on a regular basis, they may come along and clamp the car if you don't pay. I believe that would be illegal but i'm not sure that the police would show much interest and you would probably end up taking them to court to get your release fees back. So you may have not have heard the last of this yet unfortunately.

[The_Fish]

I do park there still yes - but only when the owner is not in the country. I specifically made it as obscure as possible as to not give them any ammunition.

 

It says on MSE -

 

'If you own the car but weren't driving

Unlike official parking tickets, when on private land, it is the DRIVER, not the owner, who is liable, because a contract to park is formed between the landowner and the driver.

 

An invoice landing on your doormat may be the first you know of a parking ticket, but it's no reason to feel alarmed. The most important thing to understand is ...

 

If you weren't driving, you're not liable and you've no need to tell who was'

 

If that's true everything is fine - however I'm a bit of a worrier and would like confirmation.

[sailor sam]

It is true yes, but in these circumstances I am concerned they may clamp which although will be wrong, you will have all the hassle sorting it out. Is there anywhere else you can park or do you have access to another vehicle?

[DBC]

UKCPS would be breaking the law if they clamped a vehicle over an alleged previous parking "ticket". I don't think even they are that stupid.

[Gick]

Dear The_Fish,

 

If they were foolish enough to clamp your vehicle (illegally as indicated in posts #3,5 & 6) you would be entitled to remove it. This action of course, is because it has not been fitted under the aegis of a local authority, interference of which would be an offence.

 

There is also a statutory defence against a charge of criminal damage if you needed to cut it off, as it would be an unlawful sequestation of your property. If they then threatened you with the cost of the damage in the small claims court, you could counterclaim for compensation for the illegal detention of your property. You could alternatively pay a locksmith to remove it and claim that cost in the small claims court.

 

Do not be intimidated by these people.

 

Regards

[patdavies]

Any charge of criminal damage would require UKCPS to involve the Police and get them interested in taking any action.

[Al27]

UKCPS don't even own a clamp.

[Gick]

Section 5 (2b) ofThe Criminal Damages Act 1971 provides a lawful excuse that the perpetrator believed that the damage was necessary to protect the property. As the clamping would be illegal, they would have compelling reason to believe that the clampers were likely to attempt to tow the vehicle away. In other words there is no mens rea (full Latin - actus non facit reum nisi mens sit rea)