UKCPS PCN from Feb 2014 - now chasing again

[Oobujoobu]

Hi,

 

My specific question is whether there is a time limit from the date of a parking "offence" and the date when a private company take court action?

 

I received a ticket for an incident that happened on 10th January 2014

(short story: free car park, I left the premises temporarily to get money from an ATM for the shop in question, got a ticket 6 minutes after parking for leaving the premises).

 

I have so far ignored all letters completely,

that's my decision after reading up online whether or not that was the right thing to do,

I've taken a punt on it being so.

 

The last letter I received was on 4th April, however, have received another one today, nearly 8 months later!

 

I'm guessing there may be a 1 year time limit and this is their final throw of the dice before the time limit is up perhaps?

 

I do have reasons why I chose to ignore correspondence

(UKCPS have made some very basic errors with every piece of correspondence so far which I believe would see them lose in court, that's my gamble I'm prepared to take)

 

I'd prefer for UKCPS to not know about these errors in advance, but just wondering what the time limit is for them to potentially take court action.

 

Thanks in advance.

[BankFodder]

You should not ignore. You should deal with it as suggested in many places on this forum.

 

On the basis that they say that they are claiming under contract – they have up to 6 years to bring the case

[Oobujoobu]

Thanks for the prompt reply.

 

I'm willing to consider whether I should get in touch with either UKCPS (or the car park owner).

 

One reason I've ignored so far is that all 4 letters sent to my address so far have had the wrong name written on them.

 

Without giving away my identity, they have misspelled my surname on every letter so that is actually a different (genuine) surname.

 

On this basis, they have never actually sent any correspondence addressed to me, but to a different name that does not exist at my address (and in theory I shouldn't be opening post not addressed to me).

 

Also, the 2nd letter I received was dated Saturday 15th Feb (received by me on Tuesday 18th Feb),

it said that I had 28 days to reply.

 

28 days from 18th Feb was 18th March,

however their 3rd letter is dated 17th March,

just 27 days after receipt of the 2nd letter.

 

My understanding is that their are strict rules around these companies having to give the correct amount of time between letters.

 

Another point

I really don't know whether this is valid or not,

is that the hand writing on the original ticket shows the address of the incident,

 

however it shows the address of the shops that the car park belongs to,

which is different to the address of the car park

(so they are saying I was parked at, for example, 1 High Street, when the car park is actually on Main Street).

Maybe a technicality but not sure if a valid one.

 

Do these seem like points that, if raised, might prompt UKCPS to back away from court action, or are they actually fairly irrelevant?

 

Thanks again.

[ericsbrother]

One thing is certain,

UKPCS do not own the car park,

they have merely persuaded the owners/occupiers that they can manage it for them for little or no charge on the premise that they are professional managers rather than being just a bunch of chancers out to make a few quid.

 

as for spelling mistakes,

i woldnt trust that as the only reason for a defence if they do decide to try their luck at court

you have a friend in the case of VCS v Ibbotson which destroys any claim for damages on the grounds of leaving the site.

 

It would be interesting to see their evidence even if such a breach actually existed,

did someone follow you and film you?

any evidence they have would be illegally gained so ultimately useless to them.

 

You can always get copy of bank statement for ATM cash withdrawl so that will again defeat a claim.

 

AS you have ignored them so far it is a safe bet that it wont go any further than just huff and puff

but should you get a genuine letter before action then a rebuttal on the points above will give them trouble to show a cause for action and get them into trouble if they do proceed.

[Oobujoobu]

That's very helpful, thank you