UKPC/DCB(Legal) 11+PCNs for privately owned van used for my Ltd Co. - PAPLOC for 5, gained Default Judgement!! - Parkhorse Shopping Centre, Church St, Hudds, HD1 2RT **SET ASIDE+CLAIM DISMISSED**

[mrk1]

Hi, I set up in business 5 months ago, in a shopping centre which is privately owned. They have underground 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 guards were just handing out the tickets 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 van 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?

[dx100uk]

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.

 

is your 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?

[mrk1]

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.

[sgtbush]

What does your lease say in regard to vehicles.

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

[sgtbush]

NTK= notice to keeper

[mrk1]

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

[dx100uk]

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?

[mrk1]

Hi, so you mean just wait it out?

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

 

.... Unregulated madness.. Is it likely they will attempt to take me to court...

[ericsbrother]

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 May 1, 2018 by dx100uk
Spacing

[mrk1]

Hi here are some images.

 

 

 

 

 

2018-05-18 windscreen PCN.pdf

[ericsbrother]

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.

[mrk1]

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?

[dx100uk]

its private parking nothing to do with the police at all

 

don't bin stuff ever

scan to PDF and keep the scan

[mrk1]

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?

[dx100uk]

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

[mrk1]

 

OK well can UKPC attempt to take me to court and get money that way?

Or do I stand on my legs that I didn't sign into any contract with them?

(Much like a lot of the issues with debt collection, you are not in a contract with any debt collection agency, only the debtor).

[dx100uk]

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

[mrk1]

OK so is that a cheer to relax then?

[brassnecked]

I would think so

 

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

[lookinforinfo]

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.

[ericsbrother]

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 May 3, 2018 by honeybee13
Paras

[mrk1]

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?

[dx100uk]

please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

[renegadeimp]

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.

[lookinforinfo]

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.