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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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Hi, I set up in busniess 5 months ago, in a shopping centre which is privately owned. They have undeground loading bay and parking, the parking spaces are only for those who have it in their lease. I do not.

 

I unload stock every morning, and after a while started to just leave my van there, no problems as it was out the way, and I found the security giards were just handing out the tickjets to anyone who did not have a business in there, no one used it really.. This changed in March when they brought in UKPC, I have since amassed 10+ tickets as I ave been leaving my van there, I have spoken to the centre managers but they said it is not possible that I leave my van there.

 

I have read that UKPC can not hand out fines, and what they instead hand out are actually invoices for using a service?? There seems to be a lot of warm air around this matter..

 

I might have to start parking my vcan elsewhere now, it's just that business is slow and I can not afford to be paying for town centre parking...

 

I have actually threw the tickets away...

 

Can someone please advise what UKPC are liable to do?

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well if you don't do 'something' and respond in someway they might well think you are an easy touch and go for a CCJ, and that could be very expensive and as the total will be over £600 they might well get HCEO involved and they could raid your business.

 

it you van registered under the business or your name, are you sole trader or ltd?

 

have you been getting NTK's for each of these tickets too?


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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Hi what 'something'

do you you suggest,

try to get them to understand that I have a business here?

And that I plan to abide and park elsewhere now?

 

I am LTD company and the van is not in the compnay name, just my own.

 

By NTK do ytou mean the yellow tabs on the window?

 

Couln't I just put a sign on my van say

'any company found littering my car will be fined £100',

surely that's as absurd as what is happening here.

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What does your lease say in regard to vehicles.

Your lease with the landlord out trumps landlord/owner contract with ukps

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NTK= notice to keeper

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I don't think my lease mentions anything about me being able to park.

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So they have the correct address

It not a business van

So they can't raid your business

 

Unless you get a letter of/before claim is wait?


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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Hi, so you mean just wait it out?

I am now going to park my van elsewhere form tomorrow.

 

UKPC are a pile of ****.... Unregulated madness.. Is it lilely they will attempt to takje me to court...

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Right, UKPC have been banned from accessing the DVLA database so cant do anything about contacting the keeper as from last week.

 

Tell us when you got the tickets slapped on your vehicle and what other correspondence you have and particularly have you made any contact with them?

 

As they will have had to wait 28 days before being able to ask the DVLA for keeper details most of these will be impossible to find out who you are anyway and if they were in time to ask about one or two they arent allowed to assume that you hadnt sold the van the day afterwards so cant just guess that you might still be the keeper.

 

They are such a shower they wont have got the paperwork right to claim keeper liability anyway so that gives you at least 2 reasons to complain to the DVLA and ICO if they do write to you.

 

So, will they take you to court?

I see their business folding before they get that far, the nlt director has taken half a million out of the business in loans that arent going to be repaid so I guess he is going to do a runner and start again and hope that no-one notices that.

 

keep any paperwork you get and start learning about how these things work rather than getting the hump about it, knowing what the signage says and actually means as far as an offer of a contract goes will help you make decisions on whether to park or not in the future.

 

If you can show us the pictures of the signage there that would help us help you.

Edited by dx100uk
Spacing
  • Confused 1

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Hi here are some images.

AJLL0331.jpg

ANLM8404.jpg

HIBG0463.jpg

XGSA8476.jpg

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well, no unauthorised parking isnt an offer of a contract to park. No contract means you cant break it and therefore dont owe any money

Also UKPC are banned from obtaining your keepr detaisl so if you get a letter through the post tell us when it arrives and we will advise of what to say to the DVLA as a complaint.

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UKPC can't actually take me to court then?

Certainly did not sign any contract, other than my business lease, but even that does not strictly say anything about NOT parking, at least I don't think so, should I check this?

 

I only have 1 out of the 12 or so NTK from UKPC... Am I right to just bin this now?

 

Also, without sounding like a cheeky sod, should I refrain from parking in this place or would I be ok, and only the landlord land owner can enforce action such as getting the police or other?

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its private parking nothing to do with the police at all

 

don't bin stuff ever

scan to PDF and keep the scan


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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its private parking nothing to do with the police at all

 

don't bin stuff ever

scan to PDF and keep the scan

 

What I meant was, UKPC can not enforce anything.... only the land owners can enforce say police, for illegal parking, or something else?

 

So I have absolutely nothing to worry about here then?

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its private parking/land nothing to do with the police at all


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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its private parking/land nothing to do with the police at all

 

OK well can UKPC attempt to take me to court and get money that way? Or do I stand on my legs that I did nto sign into any contract with them? (Much like a lot of the issues with debt collection, you are not ina contract with any debt collection agency, only the debtor).

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got some weird ideas mrk,

if a dca is sold the debt ofcourse you have an agreement with them you signed with the oc and it got transfered st sale.

but as they are not bailffs they are powerless

 

UKPC are going down soon by the looks of it anyway


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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got some weird ideas mrk,

if a dca is sold the debt ofcourse you have an agreement with them you signed with the oc and it got transfered st sale.

but as they are not bailffs they are powerless

 

UKPC are going down soon by the looks of it anyway

 

OK so is that a cheer to relax then?

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OK so is that a cheer to relax then?

 

I would think so

 

https://parking-prankster.blogspot.co.uk/2018/04/ukpc-banned-by-dvla.html


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Well I would be careful about continuing to park there.

You are trespassing and the freeholder would have a claim against you even if UKPC don't.

 

Though the damage to their car park would not probably amount to much most Judges would take a dim view of your practice of parking there free whilst running up costs from UKPC sending out their invoices so you could find it to be an expensive mistake.

 

Against UKPC as it stands the likelihood if it went to Court and you defended well there may be no charge. Against the freeholder you have no defence so are at the mercy of the Judge and how good their QC is.

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No landowner is going to go to the expense of hiring a QC to fight a county court small claim, they cant recover the costs and a QC will be a thousand an hour minimum.

 

However, finding somewhere lese to park is good advice, the landlord could go after you in different ways that pass on the cost of his lawyers

 

but there is one thing for certain, this has nothing to do with UKPC and anything they say or do is totally separate, they cant claim agency or they wouldnt be able to send out demands in their own name either.

 

Understanding a little about how all of this works makes it easier to see that the parking co's normally dont have a leg to stand on but rely on lies, ignorance, bullying and bluff to get money when none is due.

 

There are places where they have a proper contract with the landowner, have proper signage and planning permission for their equipment but these are few and far between.

 

They are mostly done on the fly because the people who run the parking co's are ex-clampers and used to make money by threats and intimidation ( see how many got done for carrying an offensive weapon before the POFA and you will see the sort of person you are dealing with).

 

even Parking Eye, the biggest co by far, doesnt bother with planning permission unless they are brought to task by a council and would rather lie to a court than actually go down the proper route.

Edited by honeybee13
Paras

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Seen this article..

 

http://ulsterherald.com/2015/01/23/private-parking-operator-hasnt-taken-anyone-to-court-in-five-years/

 

Any truth in it?

 

We could say I have racked up some tickets, but majority of them issued duting their ban, march to may...

 

I have a lease on a shop unit, and park car in the car park underneath the shopping centre which is for business use only, usually deliveries, it's an old shopping centre and only 20fters come in through the day, tons of room..

 

Should I be remotely worried, my plan was to use the fact I was a paying tenant and was not just someone parking on private land.

 

I do understand though that I would have to be in some kind of contract with UKPC to be taken to court?

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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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Sometimes, but thats because people who dont know what they're doing, let them.

UKPC always and without question slip up on something that kills their claim.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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That article was written back in 2015

-I think you would have heard something from them by now.

 

And when they say they win most cases that go to Court they mean the ones where the motorist fails to turn up.

 

Up against a strong defence they rarely win.

Most of these parking companies only take a small percentage of non payers to Court.

 

This is to encourage many people to pay early to avoid Court.

 

As Renegadeimp said" they usually slip up on something when taking people to Court", which is true.

 

However they make most of their money from those who would rather pay up than go to Court.

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