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

[Chewin the fat]

Hello again

 

Posted a while back regarding a UKPC parking charge. I ignored the letter and today have received a letter from Roxburghe Debt Collectors Telling me I now owe them £115 due to "late payment charges". The letter then goes on to say

 

"please note that in the absence of payment or any valid dispute we will persue this matter - with or without your co-operation. If we do not hear from you within 7 days we will pass the matter to our solicitors, Graham White, who will review your case for potential legal action"

 

Having read one of the other threads regarding people recieving County Court letters I am now getting a little worried. Should I have responded to them?....are they bluffing?....should I contact a lawyer?

 

Any help appreciated.

[lamma]

they are the ones to worry - re read the thread. be calm.

[buzby]

Letters are cheap - and the more threatening they become as they hope their extortion piles on the 'pressure'. This is a civil action, and like every other company they will have to pay £50 or more to take you to court, with no guarantee of success. Neither are you obliged to enter into any discussion with them... ONLY when you need to respond to the summons (if it is ever issued, and experience on here shows that this rarely happens).

 

There is no need fo employ a lawyer - they say you owe them money, and are inflating their bill to get you worried. If you agreed to the T&Cs of parking, then you are bound by them, if you didn't or were not the driver, then you don't need to be concerned. It is tempting to shout harassment and give them some stick, but the best advice is to ignore everything but KEEPING the correspondence and only responding to letters from the court, NOT a DCA or solicitor acting for the pursuer.

[Chewin the fat]

What is mainly concerning me (not sure if you've read my original posts) is that people are responding with "contact the driver" etc.... while they are the "keeper" of the vehicle. I was driving a hired vehicle and the hire company have given them my details as the driver at that time. I was definately NOT there when they claim I was...not even in Scotland with the vehicle. My bank statement and various reciepts I have kept can confirm the same. Still concerned that I WAS the keeper at the time. Would they have to provide evidence of me getting out the vehicle at the time of the incident?.....if so then I am fine about that as I know they cannot....or do I have to prove that I wasn't there at the time....and if so would my statements and reciepts be sufficient.

 

 

.....:grin:....having re-read what I have typed, it seems that they have got me squirming...just not keen on the idea of it going any further

 

edit - Thanks for the responses lamma and buzby, much appreciated8)

[Al27]

It's a series of hurdles. The first hurdle the PPC face is who was the driver. It's fairly essential if they want to take someone to court, but it doesn't change the unenforceability of the 'fine'.

[Yay4UKPC]

Actually, has anyone actually see a summons on any of these threads that was directly because of a standard parking charge?

 

I recieved my next letter from the "professional debt collectors"..

 

I can see why people would pay some of these off.. this one seems less written by a monkey, though the RED is still their favourite ink colour.

 

They still advise in the letter and also threaten much more than the last.

[dinate]

Chewin the Fat, I know where you are coming from, although I consider myself fairly thick skinned, its something which is hanging over your head and its not a nice feeling

 

I know the evidence is overwhelming that if you just ignore them they give up, but I completley see why people pay, I know peoplw who would not give it a second thought and pay, beacuse these are people who are guninely worried by this sort of thing.

 

Also another couple of things, I read alot about its unlikely they take you to court. Thats not a definate, which is another cause for concern.

But like I say, for a fairly thicked skinned person they have certainly have me worried, the fact they patrol my car park EVERY night probably doesnt help.

 

Also Lamma you have been very helpful, I have a question, as I said in my previous thread, as they have cancelled my ticket before for exactly the same circumstance and I have this in writing, this must mean they cannot fine me again, based on the fact I have evidence they have admitted making a mistake and cancelled it.

 

Thanks

[Al27]

Also Lamma you have been very helpful, I have a question, as I said in my previous thread, as they have cancelled my ticket before for exactly the same circumstance and I have this in writing, this must mean they cannot fine me again, based on the fact I have evidence they have admitted making a mistake and cancelled it.

 

They couldn't fine you in the first place. These are nothing more than phishing letters and they will send them out regardless of the situation or dealings you've had with them in the past.

[Yay4UKPC]

It's interesting that the thread jumps to life and goes quiet for a few days.. they must print send all of the "weeks" letters at the sametime.

 

I like how the end this letter.. It starts really threatening of court and legal action etc OR that a "doorstop collector" will come and take your home away or something. (not sure why the "or")

 

..but then ends with a please repsond within 7 days or wer will continue our collection procedures.. which sounds incredibly unscary..

 

Their collection procedures are just the process of sending threatening letters of death and doormen.

[Yay4UKPC]

...UKPC operate in my car park where I live in a block of flats, therefore I am a resident and in my eyes dont need to prove anything to these [problematic]! How can they charge me a parking ticket if they send the ticket to my home address which states I live at the ver block of flats which they work to stop non residents parking there....

 

This had me in stitches.. Complete muppets!

[dinate]

Thanks for the advice again, this is something that just annoys me so much.

 

I plan to contact my local newspaper, MP and TS on this matter. I also plan to make all my neighbours aware of what is going on.

 

I spoke to one chap last night who I noticed had a ticket and I asked him if he was going to pay, he said in a very defeatest way "yes what else can I do, a ticket is a ticket" I advised him "NO, do not pay"

 

I think it falls into three different catorgries, one the person who will just pay cos he knows no better, two, the rebel if you like, I have plenty of them at my flats, people who just anti any authority if it be police PPC or whoever and three, you guys, the ones who are willing to find out what they are up to and plan to stop them.

 

If it was not for this forum, I probably would have paid eventully, I wouldnt have the resolve to fight or the knowledge to fight back

[lamma]

Al27 beat me to it.

[Andy7807]

If you ever did get a summons, which is really unlikely, there are plenty of people here who would jump at the chance of getting a defence together....I wouldn't worry at all.

[dinate]

Sorry to keep posting, but just been reading about clamping, are UKPC allowed to clamp my car?

[buzby]

What is mainly concerning me (not sure if you've read my original posts) is that people are responding with "contact the driver" etc.... while they are the "keeper" of the vehicle. I was driving a hired vehicle and the hire company have given them my details as the driver at that time. I was definately NOT there when they claim I

 

You have to remember that (a) the hire company will pass on your details as the HIRER, you don't necesarily have to be the driver. However for their claim to succeed, they must prove the DRIVER had agreed to the terms of their parking, and provide proof of who the driver was. Without either of these no court action will succeed. (b) It is the hire company that is the keeper, a term that has a legal definition, but in your case is irrelevant, as you weren't the keeper either!

 

The fact the vehicle wasn't where you had it is of no importance whatsoever, because as a civil action their assertion is wrong, and it is they how have to prove everything - no point telling them you weren't there - let them prove you were!

[dinate]

Update on my situation.

 

I rang my landlord who issue parking permits and requested that I have lost mine, so please send me another, thier response was "we have run out of them, we cannot send them for another week" In the meantime I have been getting tickets daily though, which I said to my landlord, "her response, its nothing to do with us, you need to ring the number for UKPC and take it up with them.

 

I am seething, completley and uttlery seething, how can my landlords treat me like this, I pay rent for for my space and my flat and this is the service I get.

 

Low and behold after speaking to some residents this is common practice for them, my landlords say they will send tickets but never do, just say they will or there is a hold up.

 

Also I dont want to get into any dialogue with UKPC at all, as I know they will just say "pay up"

[lamma]

sounds like the landlord is on a percentage. send for the V888/2 information - ALL of it including evidence of contract with the landowner.

Edited September 19, 2008 by lamma

[dinate]

This is what I propose to send to my landlord:

 

I am dissapointed not to hear back from you, as this is an urgent matter for myself and residents at xxxxxx. I appreciate you are busy, but so am I.

 

Please be aware I have contacted the BPA, Trading standards, Local Newspaper and my MP, and have raised this issue.

 

I feel you are not giving residents enough support on this matter and failing to provide a service, also like I said it is contravening my contract with you. (Home Group)

 

Also with regards to UKPC I have very serious concerns with the actions they have been carrying out.

 

I will have no hesitation in reporting this to the police also under the Protection From Harassment Act 1997. This is just one issue I have and would like to raise in a meeting with yourself and perhaps UKPC themselves

[Yay4UKPC]

Just leave a note in the car window to say that its a residents car and that the permit is issued but not recieved. That *might* stop the UKPC guy bothering to issue more tickets causing a little less distress.

 

I wouldn't bother wasting energy trying to tell others if your landlords can't be bothered.. the papers etc will just give the same care free attitude as it won't be a "story of the week". There is nothing illegal going on either way (which is the problem), so the police won't do anything.

 

You aren't doing anything wrong, so just have the same carefree attitude they all have

[lamma]

there is something unlawful going on and there may be illegality - we need to see the paperwork to determine that. complaints can and should be made to the BPA and the DVLA

[finefight]

Hi All,

The saga continues and the next letter has arrived, it reads as follows...

Please note that this is our FINAL DEMAND for payment in respect of the above detailed debt.

As you have not paid we are entitled to issue legal action through your local court, which may result in:-

. judgment/decree being entered against you.

. An order being made to secure the debt against any property you own

. Your personal effects being sold to repay the debt

We will also instruct them to ask the court to award statutory interest and add legal costs which will significantly increase your debt.

Any court judgement/ decree last for 6 years and will severely affect your ability to obtain credit in the future.

It is in your interest to make full payment immediately or contact us with your proposals for payment

Well, this is starting to pi** me off big time. How dare they threaten me!!

sell off my personal effects - I'm really getting the dog about this, are they really going to try and take me to court??

Well, I seriously was thinking about phoning them up and giving them a piece of my mind. What should I do now? still ignore them?

(Had a really bad day at work too so now I'm really fed up!!)

[robin9342]

Continue to ignore unless they issue genuine court papers (unlikely)

[buzby]

Absolutely, IGNORE them. Can't you see the whole point of the letter is to incense you and make contract. Some things the letter didn't point out;

 

(1) They have to prove the debt existed to a judge, and that they were entitled to collect it after ensuring you were fully aware of their terms and conditions, which you had agreed to (!)

 

(2) Even if they win their case, you can rightfully challenge each and every charge they may additionally try to attempt to levy on to their original parking fee. These have to be 'reasonable'. If these charges are in excess of the original amount of the 'fine', most judges would strike them out as being punitive.

 

(3) Threats of you being blacklisted are just that - you are given 14/21 days to make payment to the pursuers (assuming they win). If you pay the amount due, there is no opportunity for them to have the CCJ registered against you, with the result it doesn't appear on your credit file. Of course, if you win then that won't happen either!

 

(4) Their business DEPENDS on bullying people to pay - the risks of them losing in court practically guarantee it won't go there as the whole point of the excercise - making a quick profit, dissapear and they are on a level playing field with you in front of a judge.

[finefight]

Thanks guys, I needed to hear that.

If I had committed the parking contravention they're trying to get me on I would have probably paid up, but I wasn't using that car on the day of the "offence" and since (as I understand it ) I am under no legal obligation to provide them with the details of the driver there's no way I'm going to pay them.

So thank you everyone, the support is very much appreciated.

[Yay4UKPC]

I haven't had that one yet.. Eagerly awaiting...

 

I did a bit of an experiment. I showed the last letter to a group of friends and asked them what they thought.. All of them said "holy crap, you're in trouble".. Shows how much their letters work on people that don't know..

 

That's what really gives me that sick feeling.. not that I get the letters, but that I know that there are potentially thousands of victims out there all falling for the [problem]...