UKPC Parking Charge - Scotland

[Big.graham]

Hi guys...

Quick question on ukpc parking "invoice"

I stay in Scotland and have been given one of these tickets from ukpc while in a retail park.

Reason for ticket was parking out with marked parking bay.

They have photos of my vehicle , and 1 with the "invoice" on the windscreen .

is the law different up here to England?

What's the general feedback... Still ignore?

Thanks...

Edited July 19, 2014 by Big.graham
Worded wrong

[ploddertom]

Own thread created

[ericsbrother]

Ok, the ticket is an invoice or claim for monies due because of a breach of contract by the driver. In Scotland the parking co can only chase the driver, not the keeper of the vehicle and they have to prove who was driving as that is who the contract is with. This means that any waffle about getting the keeper details under the PoFA is nonsense as it doesnt apply.

Now, down to the detail.. thereis no legal definition of a parking bay on provate land and nothing to say that any paineted line indicates that a marked area is one. There is no regulation size for a parking bay that is not on a public highway so you have sereral choices, you can ignore them altogetheras they will find it impossible to prove who was driving at the time, you can write to them saying that you deny any contract has been formed between yourself and UKPC or you can appeal saying that there is no definition of a parking bay on private land and therefore no breach bas been caused.

When they respond it would be interesting to see what they say as they should provide you with a POPLA code if they reject your appeal but as the PoFA doesnt apply to land in Scotland it cannot go any further. If you can appeal to POPLA it would be fun as it will cost them

[Crocdoc]

In Scotland the owner /keeper of a vehicle is under no obligation (Legal or otherwise) to provide details of the driver to a private limited company.

 

The BPA has confirmed that it is unlawful to pursue the Owner/ keeper in Scotland, the following written statement relating to this issue was provided to a Scottish Local authority.

 

Contract law makes it unlawful for theprivate parking operator to pursue the Registered Keeper of the vehicle – it isa fundamental part of contract law that a contract is formed between person Aand person B (the operator and the driver) and with a few exceptions (the lawof agency being one), person C (the keeper) has no part in the formation ofthat contract and so cannot be held liable

Some PPC''s do send misleading letters to Scotish residents suggesting that the Protection of Freedoms Act applies when it MOST CERTAINLY DOES NOT. In such cases a complaint should always be made to the BPA who will do absolutely nothing about it other than provide a response stating that the correspondence was sent in error, nevertheless an unsatisfactory response allows access to bigger authorities.

[gordieglqasg]

Sorry to hijack, but do these rules apply to council run car parks in scotland?

[Nimrod205]

No

[Crocdoc]

Sorry to hijack, but do these rules apply to council run car parks in scotland?

 

Would require more detail to provide an accurate response.

 

You should possibly start a new thread.

[gordieglqasg]

Hi sorry no particular issue, Just a query that popped into my head whilst reading the thread

[dx100uk]

NEVER IGNORE A PENALTY CHARGE NOTICE

 

is the bottom line

 

dx

[Big.graham]

Hi guys, thanks for all feedback. UKpc can kiss my ass then..