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littletony1970

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

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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:

----------------------------------------------------------------------------------------------------

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

 

----------------------------------------------------------------------------------------------------

 

16 months on and UKPS gave in

 

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Thank you very much indeed for this. It's very interesting and very helpful.

You will be great if you could possibly upload some of the documents you received – including the defence.

Keep on visiting the forum – and maybe help others with your experience.


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Well done for sticking to your guns. You realise that their letter was designed todeflect you fro relaising that as they have agreed there was no case for you to answer, they breached your GDPR that in Court could lead to them being forced to pay you up to £500 .They will be bricking it that you don't come back at them.  I wonder why they wrote to you when usually they just drop it and leave you in suspense.

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I think the line saying "please note our client has cancelled our instruction" means a lot more than it appears to say.

 

Gladdys have been told in no uncertain terms to stop wasting their money on this fruitless venture. it is clear that the parking co had no real interest in the matter once you had responded to the lba and I doubt if anything after that point actually was instructed so Gladstones are now hoping you dont sue their client for the breach of the GDPR because you can bet that bad news travels faster than good news.

 

I have commented on this self ticketing wheeze on another post and the landowner who took the piccies may in in trouble as well as UKPCS for theprocessing of your personal data. Gladstones mkight have crossed the line regarding Champerty and Maintenance if they had tried to continue with this and they may even have done so for firing off the last communicatiosn without the authority of their sometime client.

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