UKPS PCN - No stopping - Coventry ***UKPS gave in***

[littletony1970]

I wanted to report a success against UKPS that started in Dec 2018 and was concluded today. I did do a bit of reading through this site for guidance though so thanks for that!

 

 in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner. Meanwhile the owner was loitering and waiting to catch anyone on his land with photos. 2 photos were taken about 40 seconds apart.

 

With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger. I did not state at any point who the driver was.

 

UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid. I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.

 

4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136! 

 

Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.

 

Finally a Letter Before Action was sent by email.  Aha!  Game on. 

They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.

 

I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"

 

They then came back at me with an evidence bundle they were allegedly going to use at court against me,

stated the signage was clear,  and repeated their "no stopping" case

 

I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.

 

Today they emailed me as follows:

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Quote

 

Good Morning,

 

Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.

 

Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.

 

No further action is warranted.

Kind Regards

 

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16 months on and UKPS gave in