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    • That is a big improvement Dave and I do agree that it s best to leave it till the last moment to prevent VCS from countering your WS. [usually using doubtful logic that can't be easily argued against in a Court atmosphere] However my first post [no. 32] about the contract is the one that really exposes Jake's flummery and calls into  question jost how close he comes to committing perjury. And that is what hopefully VCS will not want questioned by a Judge. 
    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
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UKPC parking invoice - tesco Faraday retail park,Coatbank Street, Coatbridge. ML5 3SQ scotland


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Well the "Appeals Manager" has considered your case and has made his final decision - you have to pay.

 

Looks like the end of the road, Digger - you gave it your best shot.

 

Only joking!

 

Note that "Appeals Manager" - actually the same monkey who prints the notices and licks the stamps, doesn't answer a single one of your questions but has nevertheless "carefully considered" whether he should be paid or not?

 

With Christmas on the horizon, what would you expect the answer to be?

 

To carry on Bernie's tactic of carrying on communicating with these jokers, maybe you should consider the "cease & desist letter". They state next letter will be from debt collectors - may as well get yours in before they escalate claim monies.

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Thanks for that Barnsley Boy.

 

 

My next letter will be '' Cease & Desist '' I Will also demand that they issue court proceeding within 14 days. As i wish for them to take me to court?

 

They obviously don't take any notice of the letters posted to them.

Has anyone got any coments on this course of action?

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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.

 

Isn't this considered illegal and unsolicited legal advice? They basically implying that by law there is a responsibility. They are not saying that they are holding the keeper responsible.

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Hi everyone,

This is the letter I have sent to UKPC today.

Dear Sirs,

I refer to previous correspondence.

I urge you to take notice of what i have written to you.

I have asked you to provide evidence to substantiate your claim against me and you have failed to do so.

I feel that i have done all i can to assist you, unless you provide evidence to substantiate your claim against me i shall be unable to help you further in this matter.

This alleged debt therefore remains disputed by me. Save for supplying the evidence referred to above i must ask you to '' Cease and Desist'' correspondence with me.

I will now make it clear to you of my intentions.

I have taken legal advice on this matter and my advisers state that I have a good case, and that I will defend the claim in court. Therefore I demand that you issue proceedings within 14 days. I will not deal with any debt recovery agency and if you fail to issue, I will regard any further contact by your company or your agents as an offence under the protection from harassment act 1997.

y/f

thanks to Bernie's posts

The second part of the letter is a quote from a solicitor.

Has anyone got any comments on this?

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  • 2 weeks later...

Hi everyone,

Would you believe it,

Got a letter from Hunter Forrest & Co today, now asking for £115.24.

After I sent them the letter I posted here on the 27th nov asking them to take me to court?

 

What do you think I should do now?

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I wrote to them telling them to return the debt to UKPC as I was disputing the thing. I also called them and spoke to some bored woman who had obviouosly heard this stuff before and told them we would not be paying and to pass it back to UKPC, which she said OK. That was back in May and haven't heard a thing since. They just keep trying and once they get to a point they will either have to back down or try and go to court. I wouldn't worry about it.

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Hi everyone,

 

Would you believe it,

 

Got a letter from Hunter Forrest & Co today, now asking for £115.24.

 

After I sent them the letter I posted here on the 27th nov asking them to take me to court?

 

What do you think I should do now?

 

You said it all in your previous letter, it is just that they are either brain dead or deliberately ignorant.

 

It is basically the second bit of your previous letter. Write back to Hunter Forrest stating "This debt is disputed with UKPC and should never have been referred to you. I insist that the matter be referred back to UKPC in accordance with OFT guidelines. I do not expect to hear from you again and would regard any further communication from you as harrassment.

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  • 2 weeks later...

Hi,

My car was issued with a parking charge at the end of September at faraday retail park in Coatbridge, Scotland by UKPC.

I have followed the advice posted and told UKPC that I was disputing the charge and to redirect correspondence to the driver .

Their "appeals manager" replied with exactly the same letter as posted by digger42 on 23rd. November.

Despite the fact that I wrote to UKPC 3 times disputing the charge they have passed the details to their henchmen, Hunter Forrest & Co, who are now chasing me.

I have written to H.F. & Co. and spoken to their bored staff twice by phone and explained my position with UKPC. On each occasion they have said that they would refer the matter back to UKPC but today I received a letter from them warning me that if I didn't pay they would be advising UKPC to commence County Court proceedings and warning me of the consequences of incurring a CCJ.

Now, I find this part amusing as County Court proceedings only refer to England and Wales and not Scotland !!

Anyway, I called the Fincancial Services Ombudsman helpline (08450801800) today. The person I spoke to informed me that H.F. & Co. are part of a group who are regulated by the FSA. and that they will write to them on my behalf outlining the fact that I am disputng the debt and asking them to outline their reasons as to why they are pursuing me.

It will be interesting to see where the matter goes from here and I will keep you posted.

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Hi all,

In reply to the good advice given by Andy7807 & Barnsley Boy.

I decided not to reply to H.F & Co or telephone them.

As I had already stated that I would not deal with UKPC or their agents in my last letter to them on 27th november 07.

I was therefore waiting for them to send me another letter, as this would then help me further in any Harassment case that I could bring against them, Whether I have done the right thing or not remains to be seen? It has to be said that in the letter from H.F. & Co that payment is to be made within 7 days.

It is now 14 days since the letter they sent me, it could be that they have given up, but I'm not holding my breath yet.

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heya everyone i got a notice stuck on my window tonight at ashton moss cinems from UKPC and i had to park 6 inches over the lines due to another vehicle doing so next to me , so as you do i thought its ok and went for my meal came back and there was this notice from them , btw the car is in my mums name not mine i am only a second driver so after reading what ereryone else has done on here then i am going to just ignore it

ive also had a loom for a UKPC homepage and there doesnt appear to be one what a surprise and also the hand writing says bv05 tfs which isnt my licence plate but very close

any advice would be greatly appreciated as im only 18 and it got my quite worried and ruined my night really

and also the signs in the car park are the size of a license plate and put up on the lamp posts high up i even had to search for one in the giant car park!

any advice please e mail [email protected] thanks a lot people i wish everyone fought these companies makes me sick!

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heya everyone i got a notice stuck on my window tonight at ashton moss cinems from UKPC and i had to park 6 inches over the lines due to another vehicle doing so next to me , so as you do i thought its ok and went for my meal came back and there was this notice from them , btw the car is in my mums name not mine i am only a second driver so after reading what ereryone else has done on here then i am going to just ignore it

ive also had a loom for a UKPC homepage and there doesnt appear to be one what a surprise and also the hand writing says bv05 tfs which isnt my licence plate but very close

any advice would be greatly appreciated as im only 18 and it got my quite worried and ruined my night really

and also the signs in the car park are the size of a license plate and put up on the lamp posts high up i even had to search for one in the giant car park!

any advice please e mail [email protected] thanks a lot people i wish everyone fought these companies makes me sick!

 

Don't worry about the PPC, your mum is the big concern. [i was 18 once so I just about remember]

 

Usual advice is just to ignore most of the drivel that comers through your letterbox The problem here is that it will be your mum that will be be getting all this stuff. The PPC will get the registered keeper from the DVLA by paying the princely sum of £2.50. They may well have got the license plate plate wrong as you say, but remember that they usually take a digital photograph as well so, after they've annoyed "baffled of Tunbridge Wells" they may get back to you. Agreed that to ignore is the best option in the first instance.

 

It is well worth reading Legal Pete's "Private Parking Companies - all you need to know.

 

A potted version is below - main thing is to stand firm and ignore the threats. You will have to get your mum on board.

 

You have not committed any offence and you’ve been "charged" by a private company whose notices have no status unless a case is brought at the expense of the company in a civil court. I would not recommend getting involved in any so-called "appeals procedure". The PPCs simply view this as an evidence gathering process, it is usually a sham, lacking any semblance of independence or objectivity.

The "charge" is alleged under contract law. Despite what they may call it, what you have is an "invoice" (a decidedly dodgy one at that) from a private parking company who allege you have breached their terms and conditions. The notice is not backed up by statute, unlike those issued by locaL councils.

The “notice” is virtually unenforceable and the truth is that the Parking Company will probably not even try to enforce it by legal action. Instead they will use debt collectors who will threaten references to credit agencies, personal visits by bailiffs and clamping of cars / removal of property. These threats have no foundation. The reality is they would need to bring civil litigation in the county court against the driver and prove a breach of prominently displayed terms and conditions. They will go to the DVLA to identify the registered keeper of the vehicle but you have no responsibility to tell them who was driving (even if it was you) and enforcement can only take place against the driver. These cases are largely dealt with by threats and bluster rather than any real action on the basis that most people pay up for a quiet life.

 

I would not recommend giving the PPC your address. It will cost them £2.50 to obtain registered keeper address from the DVLA. Let them incur this cost. As long as you stand firm and ignore the drivel that comes through your letter box [File away for reference and / or retribution] there is a very very good chance that the PPC will eventually run out of steam. In the extremely unlikely event of the PPC issuing proceedings, this forum will help in your defence. You would win. STAND FIRM - do not be bullied – any concerns - please feel free to post further.

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Don't worry about the PPC, your mum is the big concern. [i was 18 once so I just about remember]

 

Usual advice is just to ignore most of the drivel that comers through your letterbox The problem here is that it will be your mum that will be be getting all this stuff. The PPC will get the registered keeper from the DVLA by paying the princely sum of £2.50. They may well have got the license plate plate wrong as you say, but remember that they usually take a digital photograph as well so, after they've annoyed "baffled of Tunbridge Wells" they may get back to you. Agreed that to ignore is the best option in the first instance.

 

It is well worth reading Legal Pete's "Private Parking Companies - all you need to know.

 

A potted version is below - main thing is to stand firm and ignore the threats. You will have to get your mum on board.

 

You have not committed any offence and you’ve been "charged" by a private company whose notices have no status unless a case is brought at the expense of the company in a civil court. I would not recommend getting involved in any so-called "appeals procedure". The PPCs simply view this as an evidence gathering process, it is usually a sham, lacking any semblance of independence or objectivity.

The "charge" is alleged under contract law. Despite what they may call it, what you have is an "invoice" (a decidedly dodgy one at that) from a private parking company who allege you have breached their terms and conditions. The notice is not backed up by statute, unlike those issued by locaL councils.

The “notice” is virtually unenforceable and the truth is that the Parking Company will probably not even try to enforce it by legal action. Instead they will use debt collectors who will threaten references to credit agencies, personal visits by bailiffs and clamping of cars / removal of property. These threats have no foundation. The reality is they would need to bring civil litigation in the county court against the driver and prove a breach of prominently displayed terms and conditions. They will go to the DVLA to identify the registered keeper of the vehicle but you have no responsibility to tell them who was driving (even if it was you) and enforcement can only take place against the driver. These cases are largely dealt with by threats and bluster rather than any real action on the basis that most people pay up for a quiet life.

 

I would not recommend giving the PPC your address. It will cost them £2.50 to obtain registered keeper address from the DVLA. Let them incur this cost. As long as you stand firm and ignore the drivel that comes through your letter box [File away for reference and / or retribution] there is a very very good chance that the PPC will eventually run out of steam. In the extremely unlikely event of the PPC issuing proceedings, this forum will help in your defence. You would win. STAND FIRM - do not be bullied – any concerns - please feel free to post further.

got ticketed yesterday by ukpc dont intend to pay but noticed the ticket was filled out incorectlt i.e no warden number does this change anything ?

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got ticketed yesterday by ukpc dont intend to pay but noticed the ticket was filled out incorectlt i.e no warden number does this change anything ?

 

 

If you don't intend to pay why worry,lol? Seriously though there is no legal requirement for details on the invoice, if it was factually incorrect ie the wrong location it would help if it ever went to Court but missing info is no help.

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Hi I got a new letter in the post today saying I now owe the £80. Do you think Im just better ignoring it or should I send some of the template letters?

 

Im just wondering that if it did go to court it would look better for my defense. If I lost amazingly and they claim costs, does that mean I have a CCJ?

 

Only if you somehow fail to pay, or come up with a payment plan.

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Sorry I've not really kept up to speed with the thread guys, I've had my hands full with my wee ones and being preg.

 

I didn't ever pay UKPC and after sending them a final letter (in hindsight I should only ever have sent 3) stating that I wouldn't be paying they eventually went away.

 

My advice would be the same as many others. Write once telling them you won't be paying, (you'll get the 'appeal unsuccessful' letter in return). Write again saying you still won't be paying, (you'll get the county court/debt collector threat in reply),ignore this. You'll get a letter from their debt collection agency, write to them telling them the matter is in dispute and that the case should be returned to UKPC, include copies of the 2 letters sent to UKPC. Finally ignore any further letters you may receive. They seem to feel the need to have the last word but...as long as you get the last laugh who cares?

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My car was ticketed in Faraday retail park Coatbridge at the end of September by UKPC. I made enquiries with Tesco who operate at that location and was informed that the car park is owned and operated by Legal & General.

I have followed the advice given on this site and am now in the hands of UKPCs contract killers, Hunter Forrest & Co. who are threatening me with a CCJ (in Scotland ?!!!).

I called the financial services ombudsman to make a complaint and learned that although Hunter Forrest are not members of the FSA, their parent company, CCS Enforcements are. The outcome is that the FSO have contacted them giving them 8 weeks to respond to my complaint. I have to say it is now over 3 weeks since I contacted the FSO and I have heard nothing from Hunter Forrest. I don't know if this is due to the festive season or that they have now given up, we'll just have to wait and see but it may be a worthwhile route for anyone who is in the same position.

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heya i recieved a letter today from UKPC and there is no photo at all ??? :confused: lol its just black lol what shoudl i do just write back saying something like "there is no photographic evidence provided with this letter so i am in no way satisfied/inclined to be sending you any money what so ever" please some one reply thanks people this is a great cause

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Hi furious beno,

Don't worry about the photo its about as useful as a chocolate fire guard, If you go to the top of the forum and click on Bernie-the Bolts templete letters you can't go wrong in useing them in your fight against UKPC.

digger42

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