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UKPC parking invoice - tesco Faraday retail park,Coatbank Street, Coatbridge. ML5 3SQ scotland

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Whilst out shopping with my disabled mother in law i was ticketed by the UKPC.

Subsequently received a £40 charge today if paid within 14 days or £80 there after.

 

Firstly the blue badge was on display however lying on top of the dash and lets face it we all do this.

 

I am really reluctant to pay this charge

what is the options.

 

It was in scotland just incase there is a law variation.

Complained to tesco who were as helpful as an ashtray on a motor bike.

 

I am also a bit peeved that the DVLA hand this information out to anyone who deams themself a bonified company.

 

What else can I do with this???

 

Flipn civil Traffic enforcment notice " big brother is definatley watching":-o

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Its a ticket issued for parking on private land. They write to the registered keeper and imply that they are legally responsible, but in reality it is the driver of the vehicle who could potentially agreed to a contract. You could write back to them and inform them that as the registered keeper of the vehicle you are not liable.

 

What was the ticket issued for for just out of interest?

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anyone got any advice how to handle??

😮

 

parking within a disabled bay with no badge dispalyed (when it was)

 

the letter received is worded;

 

On the parking charge issue date you were the registered keeper/owner of the vehicle registration mark opposite when the parking charge notice was issued because the vehicle was allegedly involved in the contravention namely : unauthorised parking at Faraday retail park,Coatbank Street, Coatbridge. ML5 3SQ

 

As the registered owner/keeper of the vehicle at the time of the above contravention you are responsible for this payment of the Parking Charge Notice.

 

The parking charge of £80 must be paid within 28days of the enforcement notice issue date of this notice. If the Parking Charge is paid within 14 days of the date of the notice a reduced amount of £40 is payable.

 

Reprensentation can be made (within 7 days of notice) in writing only to UKPC appeals PO BOX 493 Iver Bucks SL0 9HP

 

FAILURE TO PAY THE FULL BALANCE OUTSTANDING WITHIN 28 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN UKPC FORWARDING THE OUTSTANDING AMOUNT TO A DEBT RECOVERY AGENCY WHERE YOU MAY INCUR ADDITIONAL COSTS

:roll:

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That is typical of how these companies operate.

They make their tickets look as official as possible, but the bottom line is they are issued in respect of parking on private property.

 

If you had received a penalty charge notice from a local authority, then as the registered keeper you would be responsible for the ticket, but this is not the case for tickets issued on private property.

 

I wouldn't even bother corresponding with them. It is up to them to prove that they had a contract with the driver of the vehicle, not the registered keeper. And you are under no legal obligation whatsoever to supply them with the name of the driver.

 

If they pass the matter on to a debt recovery agent all you would need to do is to write to the agent and point out that you as the registered keeper are not liable for the matter and are disputing the ticket.

 

They will have to pass it back to the parking company.

Their only option after that would be to take the matter to county court, but to win their case there they would need evidence of who the driver was.

Without that they are stuffed.

 

These companies know they tread on thin ice with the way they issue these tickets. T

hey rely on their quasi official notices scaring people into paying up.

 

I have yet to hear of one case where they have gone all the way to county court.

I would just ignore their notices and see if they pass it on to a debt collection agency.

I would be surprised if they do.

  • Haha 1

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Can you ask for proof? If badge was displayed then it's a no brainer!

 

Regards - Dave


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Advice is offered freely, without liability and without prejudice.

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they have picture of the front of the car which doesnt show the card but shows there lovely ticket stuck in my wiper

 

Can i say i never got a ticket at the car park on my car. Never the less its free parking not a pay an display site

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No, don't worry about whether the badge is showing in the picture or anything else.

It doesn't matter a jot whether you got a ticket on the windscreen.

It doesn't matter a jot that the parking is free or pay and display

 

The whole thing is unenforceable as you have already been told.

 

Write once, and once only, simply to point out that the registered keeper cannot be liable as any contract can only be formed with the driver. Add that any further communication from them, other than notification of cancellation of the ticket and any purported charges, will be regarded as harrassment and reported to the authorities.

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I write with attention to the above parking notice. As the registered keeper of this vehicle I cannot be held liable as any contract can only be formed with the driver. Any further communication from yourselves, other than notification of cancellation of the ticket and any purported charges, will be regarded as harassment and reported to the authorities. At this time I have also spoken to the local newspaper about these charges whom are considering running a story about this. I have also contacted a tabloid newspaper and I m awaiting there return call.

Without prejudice

 

 

This is a copy of my letter what do you think??????:razz:

 

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I would put "any alleged contract" so as to not admit that they actually have a contract.

 

I would add "As the registered keeper, I have no obligation to inform you of the identity of the driver at the time"

 

Remove the "Without Prejudice". It is neither valid nor relevant and if they do decide on Court (which is unknown and extremely unlikely), you will need to produce a copy of the letter - don't shackle yourself unnecessarily.

 

I wouldn't bother mentioning the Press at all. The advised letter comes across as simply meaning business, adding the bit about newspapers is just a rant. It is not relevant to your letter and will come as much more of a shock to them if thye have no pre-warning.

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I was issued with a Parking Charge Notice, demanding £85, from a private company 3 months after the alleged 'offence'. Nothing was put on the car at the time, and I do not remember the incident. They have a photo of my car in the bay, but I may well have driven straight out again. This breaks DVLA's code of practice, but being voluntary is it not useless?

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A photo of the car is as much use as a chocolate fireguard to them. They need to have proof of who the driver was and whether the driver agreed to enter into a contract with them and abide by the terms of their contract. They need proper signage up as well. As registered keeper, I would write back to them and point out that the registered keeper is under no obligation whatsoever to pay this charge, only the driver is. And the RK is under no obligation to state who the driver of the vehicle was at the time.

 

They may well write back and threaten to pass the matter to debt collectors. If they do, just write to them and point out that the matter is in dispute because of the fact that as the registered keeper you are not liable for the charge, only the driver is. Also inform them that this is your final correspondence in the matter and if you receive anything further, you will regard it as harassment and take the matter up with the relevent authorities.

 

So it will be back to the parking company. The only option they will have is to take you to court and to prove their case they will need to prove who the driver was and that they had a contract. It is highly unlikely they will go this far. These companies tend to rely on a heavy handed approach, scaring people into paying by claiming that the RK is liable, making their notices look like official PCN's. If people stand up to them, they will buckle.

 

Finally, take a look at this excellent thread for more on this matter:-

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/65341-private-parking-companies-charges.html#post567523

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Aaaargh! Sent off letter, got a reply today which says "liability for the Parking Charge lies with you, the Owner/Keeper". It also says that "As the registered/keeper/of the vehicle you are LEGALLY liable for the parking charge even if you were not the driver at the time." (Is the law different in Scotland?).

 

They threaten that if £80 is not paid by 28th February "a Charge Certificate will be issued and further costs incurred"

 

Do I have to pay these swines?

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Bankbustermum, it was parking in a private car park that got you this ticket wasn't it? Because they are using terms that are suggesting the ticket was an official one issued under the 1991 Road Traffic Act.

 

They are trying it on, pure and simple. Just write back to them and inform them that the registered keeper has no liability for a ticket issued by a private company for parking on private premises, only the driver does. Tell them to stop[ contacting you and warn them that any further contact from them will be regarded as harassment and you will take the matter up with the relevent authorities. And this I have taken from Petes excellent post about private parking:-

 

"The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :

(1) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

(2) of the enforcement of any liability by legal process.

It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

Thus if you receive one of these invoices and it appears to purport to be a PCN or FPN then I strongly suggest that you report the incident to the police. The police are DUTY BOUND to investigate and act. I had to have a ‘debate’ with the local Sgt to have him act on my behalf, however if you are polite and firm then the police should take it on for you."

 

 

You might want to mention that piece of legislation to them, as I am guessing that they have made thier tickets look like official ones?

 

Good luck and illegitimi non carborundum:)

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No, they're full of it. I would report them to the police for offences under the Administraion of Justice Act, and for attempting to obtain money by deception by making that false statement.


Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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B*$!^%*'s!!!

 

Wrote letter stating that I was not the driver at time of alleged incident and that I had evidence. I told them I had been advised that only the driver could enter into any contract with them and that as such I would not be paying their fine and that any further communication from them, other than a letter absolving me of this charge would result in me contacting relevant authorities etc.

 

Yesterday I received a demand from Hunter Forrest & Co for the sum of £105.24.

 

I willl fight this all the way.

 

Don't let these bullies win.

 

Bankbustermum

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:confused: I am currently writing a letter to the Debt collectors. Should I include a copy of the letter sent to UKPC, for their information?

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You shouldn't need to include the letter from UKPC, just quote the DCA reference and advise them that the debt is in dispute and that as the registered keeper you are not liable. They will have no choice but to pass it back to UKPC.

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Thanks:)! Sent letter off to DCA today, will let you know what happens next...

 

P.S. I know that the only telephone number UKPC provide is the number to make payments on, but the Tesco store where 'my' ticket was issued now has a telephone number posted for those disputing tickets issued. The next time I'm in I'll take a note of the number and post it here for anyone who needs it.

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Hunter FOrrest and Co. New name CCS Enforcement Services are using


Just hate every DCA out there

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If it's of any use to anyone this letter was drafted by a friend of mine and seemed to do the trick. Great forum by the way, very helpful! It's about time these leeches were told where to stick their parking fines! I was 10 minutes over the allowed 'free' parking time when I went to collect my car from a local supermarket car park ....not that it was me who parked it there you understand, I just went to collect it :)

 

Dear Sirs

 

Civil Penalty Charge Notice xxxxxxxx

 

I am in receipt of your letter dated xxxxxx, the contents of which are noted but not agreed.

 

I am the registered keeper of motor vehicle xxxxxxxx however I did not park the vehicle at xxxxxx on the xxxxxx and therefore do not consider myself liable for any alleged contravention of parking restrictions or associated penalties, kindly amend your records accordingly.

 

I trust this will be the the end of the matter, however should you intend to issue proceedings any action will be vigorously defended.

 

I reserve the right to refer to this letter in connection with the issue of costs at any subsequent hearing.

 

Yours faithfully

 

 

 

youdon'tgetmymoney

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Thanks for posting the letter. It looks good, but could put you on a sticky wicket if the company in question happens to have CCTV and can show that you were driving the vehicle. Probably better to state that you are the RK and remind them that they would need to provide evidence of who was driving in order take any action.

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Yes, I see what you mean, get them to show their hand first (if they have one) before deciding on a defence.

 

I don't know how these people stay in business, the percentage of gullible people who park their car in a supermarket carpark and overstay has got to be pretty small!

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I think you'd be surprised by just how many people pay! We're a definite minority here in standing against them, but a lot of people will simply be scared into believing that the tickets are official and that their scare tactics are genuine...

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It almost makes you want to patrol these car parks searching for ticketed cars, kind of a Civil Penalty Charge equivalent of anglegrinderman (the clamped wheel liberator!)

 

I've always thought I'd look good in lycra, especially on the front page of the local papers :)

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 3217 days.

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