UKPC parking tickets - the 3rd one now!

[entitenonlexicale]

hi everyone,

Little update about my case : as previously said, I sent two letters : one to the small claims solicitors and another one to UKPC to challenge my third ticket.

To my surprise, I have received a letter from... Debt Recovery Plus! Their answer is so cheeky, I could just not believe my eyes.

To sum up : they refer to the letter sent to the "solicitors" and justify why the PCN was correctly issued (why are they even doing that? shouldn't it be UKPC?). They acknowledge that I am a permit holder but still, I breached the contract.

Now look at what they also wrote :

 

Amount charged

If you refer to the British Parking Association's code of practice, you will discover that the sum in question (£150) is within what this body deems reasonable.

I would also draw your attention to the ruling made in Parking Eye Ltd V Beavis and Wardley (2014) where it was ruled that the charges incurred were enforceable.

 

Internet Templates

I must also stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition, I would recommend that professional legal advice be sought on this matter as an alternative.

 

 

This letter is so shocking that I am tempted to reply to DRP and destroy every single one of their little paragraphs + threaten them to sue them for harassment. However, I am also thinking it's too much time and energy that they don't deserve. They also say that Court action has to be the last resort an that my actions may be viewed as obstructive to this aim!

 

My letting agency is not helping at all with this matter and I have absolutely nothing to contact my landlord directly. I am thinking of writing an email to the property management company but they have been extremely unreasonable in the past and I am afraid it will just be a waste of time...

[ericsbrother]

The property management company are most likely the cause of all of your agonies so they will not help you as it is not in their interests to do so.

Ignore DR+ as they are toothless rentathreats. The only people who can cause you trouble are UKPC and they are rubbish at following the procedures of the PoFA so generally they dont want to do battle. That is why they have employed these people.

[entitenonlexicale]

Thank you ericsbrother, I will not waste my time with DRP.

In the past, for the first ticket I got from UKPC because my letting agency didn't provide me with a permit, the property management company has been awful. They wrote to my letting agency saying "put it down to experience, the ticket has to be paid." That's why I don't trust them.

Also, I asked my letting agency to ask them to contact me about this and they have obviously not done anything. They put signs in the carpark saying that any issue with UKPC has to be solve with UKPC and not them.

[Meekyou]

I would write a firm letter and copy to the Parking Company, Landlord, & Letting Agency.

 

Clearly state that you are a tenant in the Property (inc. copy of Tenancy), you have a Permit (inc. copy), plus send a date stamped picture of your vehicle parked in the space in it's usual position (i.e. within the lines). Advise that you will no longer enter into any correspondence regarding PCN's on your vehicle, no matter what alleged "Contravention" has taken place. Any PCN's left on the vehicle will be ignored from date xx/xx/2014, any PCN's left on vehicle after said date will be classed as harassment from all three parties (name the Parking Co, Landlord & Lettings Agency and their registered addresses) and that this will result in a claim for damages being brought against them, plus a restraining order. Claim they are in breach of your Human Rights to a peaceful existence in your home, free from harassment and persecution.

 

Plus send a copy of the above, and the three previous PCN's to the BPA's Chief Exec, and state you wish to make a formal complaint against their members.

Edited August 12, 2014 by Meekyou

[entitenonlexicale]

I would write a firm letter and copy to the Parking Company, Landlord, & Letting Agency.

 

Clearly state that you are a tenant in the Property (inc. copy of Tenancy), you have a Permit (inc. copy), plus send a date stamped picture of your vehicle parked in the space in it's usual position (i.e. within the lines). Advise that you will no longer enter into any correspondence regarding PCN's on your vehicle, no matter what alleged "Contravention" has taken place. Any PCN's left on the vehicle will be ignored from date xx/xx/2014, any PCN's left on vehicle after said date will be classed as harassment from all three parties (name the Parking Co, Landlord & Lettings Agency and their registered addresses) and that this will result in a claim for damages being brought against them, plus a restraining order. Claim they are in breach of your Human Rights to a peaceful existence in your home, free from harassment and persecution.

 

Plus send a copy of the above, and the three previous PCN's to the BPA's Chief Exec, and state you wish to make a formal complaint against their members.

 

Thank you for your advice, I am very much tempted to do so because it is causing me much stress and I am really tired of getting those letters/pcns.

I have contacted my letting agency who is basically not willing to give me my landlord's details. I have asked twice and they just reply that they have contacted him about it and they will pass any info on to me. Like I said, nothing on my tenancy agreement states that the flat goes with a parking space. I have one though, but I haven't got any document proving it.

However, I am tempted to write to UKPC, the property management company and my letting agency. Perhaps they'll start taking me seriously.

[DragonFly1967]

For £3, you can buy the details of the owner of the property from the land registry

 

http://www.landregistry.gov.uk/public/property-ownership

[entitenonlexicale]

Oh thanks! I'll have a look

[entitenonlexicale]

For £3, you can buy the details of the owner of the property from the land registry

 

http://www.landregistry.gov.uk/public/property-ownership

 

I have just bought the details and it states that the owner (freehold) is CLAPHAM ONE GROUND RENTS LIMITED.

It also has a list of all the flats with their allocated bay! The weird thing is that it is not the number I have been given by the property management company... This document is a bit difficult to read but at least it proves that I have the exclusive use of a parking space.

[DragonFly1967]

Shame that it's not got the actual landlords details, but then, Companies house, as it's ltd company, would be able to help with that.

 

But at least now you know about the exclusive parking space, which will be your ammunition for telling the parking company to go and do one Well worth £3 of anyone's money

[entitenonlexicale]

Shame that it's not got the actual landlords details, but then, Companies house, as it's ltd company, would be able to help with that.

 

But at least now you know about the exclusive parking space, which will be your ammunition for telling the parking company to go and do one Well worth £3 of anyone's money

 

Yes it's actually the info i was looking for! Thanks again

[ericsbrother]

the directors of Clapham One are Mr Simon Paul Wombwell (both as an individual and as a director of Grif Cosec Ltd) and a company called Braemar Estates (residentail) Ltd whose directors are Karen and Peter Baxter. Sign up to Duedil for free and you can get much of the information you require to get to the bottom of many companies. Mr Wombwell does not list his address, contrary to companies law but the addresses of the companies are listed (usual accommodation addresses).

So, Does UKPC have a contract signed by the individuals mentioned or just with the managing agents? If the latter then that is no contract at all as far as you are concerned and they are guaranteed to get a mauling if they want to take their claim further.

If you pay the extra money you can also see what adverse reports are flagged against UKPC, I havent paid to look as they are often just late filings of returns but sometimes it is changes to credit ratings so Dun and Bradstreet are your next port of call for that.

[entitenonlexicale]

the directors of Clapham One are Mr Simon Paul Wombwell (both as an individual and as a director of Grif Cosec Ltd) and a company called Braemar Estates (residentail) Ltd whose directors are Karen and Peter Baxter. Sign up to Duedil for free and you can get much of the information you require to get to the bottom of many companies. Mr Wombwell does not list his address, contrary to companies law but the addresses of the companies are listed (usual accommodation addresses).

So, Does UKPC have a contract signed by the individuals mentioned or just with the managing agents? If the latter then that is no contract at all as far as you are concerned and they are guaranteed to get a mauling if they want to take their claim further.

If you pay the extra money you can also see what adverse reports are flagged against UKPC, I havent paid to look as they are often just late filings of returns but sometimes it is changes to credit ratings so Dun and Bradstreet are your next port of call for that.

 

Hi ericsbrother and thanks again! I've signed up to Duedil, I didn't know this website and I wasn't aware you could get so much information about private companies. I'm not very familiar with this kind of jargon though, is there a way I can see if they've got a contract with UKPC? Sorry for my ignorance!

I'll have a look at UKPC, it might be worth the extra money...

Many thanks again

[entitenonlexicale]

Also, is it worth it to write to the directors of Clapham one?

[ericsbrother]

If UKPC want to take the matter further they will have to produce a copy of the contract and it must be signed by one of the directors named above or it is worthless. As I said, I think they have an agreement with the agents and that is worthless to them legally speaking.

You can write to the directors and ask them as a pre-action protocol but it isnt going that far so I would save that for another time. same would apply if you get harassed to pay.

[entitenonlexicale]

If UKPC want to take the matter further they will have to produce a copy of the contract and it must be signed by one of the directors named above or it is worthless. As I said, I think they have an agreement with the agents and that is worthless to them legally speaking.

You can write to the directors and ask them as a pre-action protocol but it isnt going that far so I would save that for another time. same would apply if you get harassed to pay.

 

Thanks again, I'll just wait and see what happens.

 

Just a little update : UKPC has cancelled my third ticket (not parked properly)! Perhaps my appeal was a bit more "agressive". I'm glad I'm not going to be harassed for that ticket but they haven't mentioned the two other ones...

[ericsbrother]

they are hoping that you will still pay them. If they write again be very firm in your response and demand proof of right or suffer a claim of harassment

[dw190]

Simon Wombwell

 

Is this not his correct address?

 

http://companycheck.co.uk/director/917203569

[ericsbrother]

no, it is another company accommodation address, not the home address of the director, which they are supposed to put in the public domain. Many company dorectors do the same but Companies House dont sanction them.

[entitenonlexicale]

Hi everyone,

Just received another letter from DRP stating "Letter before referral for legal action". I do not believe this is a letter before claim?

Should I reply to DRP?

Thank you again for your kind help!

[DragonFly1967]

Hi everyone,

Just received another letter from DRP stating "Letter before referral for legal action". I do not believe this is a letter before claim?

Should I reply to DRP?

Thank you again for your kind help!

 

This sounds like 'Standard Letter Number 2' again, does it say... "Notice of intended court action - unpaid parking charge £xxx.xx" and "to prevent this case being passed to the creditor's solicitor to commence court proceedings"?

 

But either way, it's not a letter before action. Only UKPC can send you one of those. DR+ are a bunch of chancers who are just trying to get you to pay up, having stuck a nice chunk of change on for themselves and are nothing to be even slightly concerned about.

[entitenonlexicale]

This sounds like 'Standard Letter Number 2' again, does it say... "Notice of intended court action - unpaid parking charge £xxx.xx" and "to prevent this case being passed to the creditor's solicitor to commence court proceedings"?

 

But either way, it's not a letter before action. Only UKPC can send you one of those. DR+ are a bunch of chancers who are just trying to get you to pay up, having stuck a nice chunk of change on for themselves and are nothing to be even slightly concerned about.

 

Hi!

No I have received the letter you mentioned a while ago! It's for the ticket for which I received a threatening letter from the "small claims solicitors". They have basically threatened me with a referral for legal action before, it just seems that they are repeating themselves! But since the title has changed a bit I just wanted to make sure it wasn't a letter before claim. Now I know it has to come from UKPC, I will not bother any longer!

Thank you dragonfly!

[DragonFly1967]

That's a new one then, though probably just a variation. Any chance that you could post up a pdf of it, suitably redacted of course. I'll add it to my files for future reference

[entitenonlexicale]

Yep no problem, I'll do that when I get home!

[entitenonlexicale]

That's a new one then, though probably just a variation. Any chance that you could post up a pdf of it, suitably redacted of course. I'll add it to my files for future reference

 

Here it is, I hope it worked!

[dx100uk]

ah that word instructed....