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

[m3rzs]

just though people might want to reed this taken from q&a law answers.co.uk

this is the link Defending a parking charge notice issued by UK Parking Control — law answers

 

Defending a parking charge notice issued by UK Parking Control

 

I am insured to drive my father's car and whilst using it I was issued with a parking ticket from UKPC for allegedly being parked outside the parking bay. (The photographic evidence was somewhat questionable in any event). The actual parking ticket stated that a charge notice would be issued within 28 days, however, UKPC did not actually issue such notice until 35 days after the ticket issue date. I forwarded a letter to them informing them that their charge notice is invalid as it is out of time however, they have wrote back stating that they are not willing to waive the charge. What should I do next? The owner/registered keeper is my father not me. Have they breached their own terms and conditions by issuing charge notice out of time?

 

This is a civil matter and dealt with by contract law. By entering the car park and failing to comply with their conditions (in this case by failing to park within the bay) UKPC would argue that you breached a contract with them. The contract needs to be informed by signage. No offence has been committed and their only recourse to enforcement is through a civil court. They will huff and puff a lot about imminently issuing proceedings but letters are cheap and litigation is expensive so don't expect a writ any time soon.

Our first advice is state that you have taken legal advice and that your advisers have stated that you have a good case and that you will defend the claim in court and demand they issue proceedings within 14 days. Say you will not deal with any debt collectors and if they fail to issue, you will regard any further contact by the company or their agents as harassment. Send the letter by registered post or they will claim they never received it.

The reason you are doing this is to firstly close off their ability to add on additional charges (usually £50 for a letter sent by second class post). The court is likely to throw out any subsequent additional costs in the unlikely event you lose if they have failed to issue. Secondly you need to prove you are serious and working for a solicitors firm will certainly assist your case, so it would not hurt to send a copy by email from your work address.

In the unlikely event they should issue you have a number of defences. There may be one under the T&Cs and additionally there may be one under the photographic evidence which you cite as doubtful. Similarly there may be a defence if the signage is unclear. Furthermore your father as the registered keeper is not required by law to identify you and would not be liable to held by the court as party to the contract.

But by far the most likely strength in your position is their probable unwillingness to issue in the first place.

 

Most private parking collection activity relies on bluff and bluster. In the first instance they attempt to convey the impression that an offence has been committed by effectively "passing off" as though their "fine" were "official" in some way. Secondly they will attempt to suggest that they can escalate costs at will and thus gull you into paying. Thirdly they will attempt to persuade you that either they can either instruct bailiffs as a council could without a hearing or are guaranteed to succeed in court, which they are not.

The reality is that they will almost certainly not issue proceedings as this costs money, and in any event if they do, providing you file a written defence (which is free and which we can help you with) they will not answer the case and it will be struck out at the first stage.

We get several dozen similar cases to yours a day and we have only seen one case where proceedings were issued and this was struck out after a defence was filed. I see no reason why yours should be different.

Edited August 7, 2009 by m3rzs
to put in space and highlight from writer and reply

[Stargazing]

"The point remains if there was NO form of parking control, there would be fights in the car park....eventually!"

Buzby - how many millions have times have you been told not to exaggerate?

[Yorky2008]

Do you mean spurious and non valid assertions of breaking T&C's? Or just that they are just writing tickets irrespective of the status of the vehicle?

 

Both!

[frustrated-agent]

Afternooon all,

 

I'm not sure if this is similar to anyone's case regarding UKPC but I have been notified by my company of a fine that appears to have been processed twice! It's for parking outside a marked bay. In mitigation there was building work going on and fences had been erected in a manner meaning the space to the left of my vehicle was not large enough for a car to park. I parked MARGINALLY over the line to avoid anyone thinking they could squueze in and possibly cause damage to my car. Now I have TWO notifications from UKPC of the offence(s?!)

 

I've read through this forum and like what I hear about them being [problematic]! The car park I was in was free. I didn't even know you could get fined for doing what I did! I am now holding two notices both for £90 if not paid within 14 days. Again no number to call or any other way of contacting the company. Am clearly keen to avoid paying ANYTHING to this company. Help/advice welcome!

[Like-Im-Being-Ripped-Off]

Ignore all paperwork, don't reply to any of it.

im in the same boat as you at the moment waiting my third letter and still gonna ignore.

[letshelp]

Afternooon all,

 

I'm not sure if this is similar to anyone's case regarding UKPC but I have been notified by my company of a fine

 

(It's not a fine, it's an invoice)

 

that appears to have been processed twice! It's for parking outside a marked bay.

 

A marked bay or whatever has no legal standing on a private car park.

 

In mitigation there was building work going on and fences had been erected in a manner meaning the space to the left of my vehicle was not large enough for a car to park. I parked MARGINALLY over the line to avoid anyone thinking they could squueze in and possibly cause damage to my car. Now I have TWO notifications from UKPC of the offence(s?!)

 

You have committed NO OFFENCE

 

I've read through this forum and like what I hear about them being [problematic]! The car park I was in was free. I didn't even know you could get fined for doing what I did!

 

You are right, you can't

 

I am now holding two notices both for £90 if not paid within 14 days. Again no number to call or any other way of contacting the company.

 

That's good because I am advising you to ignore them anyway.

Do not contact them by telephone or letter at any time.

 

Am clearly keen to avoid paying ANYTHING to this company. Help/advice welcome!

Further to the above make sure your company does not pay these invoices either.

regards

[Fact-Hunt]

Hi all

 

Just thought I would post. I got at the end of last year. Sent one back saying i wasn't sure who was using the car. Ignored 3-4 letters and that has been the end of that so far, touch wood, fingers crossed.

 

So please don't pay these cretins and ignore them.

[Al27]

Afternooon all,

 

I'm not sure if this is similar to anyone's case regarding UKPC but I have been notified by my company of a fine that appears to have been processed twice! It's for parking outside a marked bay. In mitigation there was building work going on and fences had been erected in a manner meaning the space to the left of my vehicle was not large enough for a car to park. I parked MARGINALLY over the line to avoid anyone thinking they could squueze in and possibly cause damage to my car. Now I have TWO notifications from UKPC of the offence(s?!)

 

I've read through this forum and like what I hear about them being [problematic]! The car park I was in was free. I didn't even know you could get fined for doing what I did! I am now holding two notices both for £90 if not paid within 14 days. Again no number to call or any other way of contacting the company. Am clearly keen to avoid paying ANYTHING to this company. Help/advice welcome!

 

It's not a fine. I could make my own parking fake parking 'ticket', find a car, buy the address for £2.50 from the DVLA and harass them with letters. It's that easy.

 

First question - who is your 'company'? Lease co or your employer?

 

Either way you need to make it clear that you will not be paying any such unenforceable invoice and are under no obligation to do so. Any business worthy of existence should have the nouce to realise this - the issue is that lease companies like to use these bits of toilet paper to try and add admin fees on top.

[colinb453]

I too fell prey to this [problem]. I went shopping to my local Lidl, parked in the diabled bay with my blue badge on display and went into the shop. I was a little miffed that there were 3 other cars parked in the disabled section but put it down to modern day selfishness. When I came out with my shopping I found a sticker on my windscreen with a ticket stating that my blue badge had expired. I looked and indeed it had, but only by a short time. What did anger me is that the other 3 cars were still there without a badge at all and they had no ticket. It was not until I got home and read the forum that I realised that it was not an official council ticket. I can only assume that I was singled out to get one because I had a new expensive car and they probably thought that I would just send off a cheque without questioning it. (sadly I am not that rich though, it is a mobility car.)

 

I sent them a mail telling them that they need to contact the driver not the keeper as per the advice, but I also thought that it would be worth sending one to Lidl which I did. A senior employee of Lidl telephoned me the next day and was very apologetic. He explained that they have to have a company control the car park otherwise some people park there all day while they go to work and there are no spaces for shoppers. He shared my concern about what happened and told me that he would contact the company who issued the ticket and get it imediately cancelled.

 

He was very annoyed that they had done this and told me that they would review their dealings with this company. He also told me that he will send me a free shopping voucher

 

Worth a mail eh?

 

Many thanks for the advice.

[Like-Im-Being-Ripped-Off]

ignore ukpc. full stop

[Mr_Eee]

Ok, my update so far...

Parked at Barbican Leisure Park and 'owner left site'

8 letters in 9 months from 3 companies, oops sorry, desks.

 

UKPC - 2 letters 2 weeks apart

 

...passed after 1 month to...

 

Rossendales Collect - 4 letters 2 weeks apart - 2 separate threats of doorstep visits - one phonecall

 

...passed after 3 months to...

 

ScotCall Debt Collecting Services - 2 letters 10 weeks apart - 1st letter threatening doorstep visit - 2nd letter with the most threatening statement yet "Unless immediate payment is made we will have no option but to pass this account back to our client with a recommendation that further action be taken"

 

oooh scared....

They are losing momentum here!

[Like-Im-Being-Ripped-Off]

Mr Eee

nice collection you hve there. still waiting my 3rd. had 2 ukpc so far.....

[Carlanon]

Hi everyone. Just got my 13th letter (2 weeks after the previous one)from UKPC via Rossendales and Credit Security Ltd. This one says:

 

"In good faith we agreed that the above debt could be settled by regular instalments. However, you have once again failed to meet the terms. IT DOES NOT SEEM UNCREASONABLE TO EXPECT YOU TO PAY FOR GOODS OR SERVICES WHICH YOU OBTAINED AND ON WHICH YOU HAVE BEEN GIVEN EXTENDED CREDIT TERMS. Your default is increasing costs and we now trust that you will ACT IMMEDIATELY and send a remittance to reduce your arrears. Your failure to make payment voluntarily will leave us with no alternative other than to ENFORCE payment through the Courts".

 

1. I have made no agreement to settle by regular instalments.

2. I have obtained neither goods nor services from them, so I don't see

why they should UNREASONABLY expect payment for providing me

with nothing.

 

Does anyone know how many more letters I can expect?

[Like-Im-Being-Ripped-Off]

Well Carlanon

 

you have a collection of letters to be proud of, they must be desprate for the cash..... just a thought how much do they want from you.... mines at 90 quid at the mo and only 2 letters so far. how long now since your first letter.

still ignore bro. had you ever contacted them.

 

There still spouting crap i see, trying use to scaremungering tactics.lol

[letshelp]

The content of the ppc begging letters never fail to make me laugh.

regards

[Stargazing]

By the way, Tesco has received so many complaints about UKPC that they've set up a Customer Parking Fine number, manned by Tesco staff. It's 01382 227820.

[Carlanon]

The first letter from UKPC was dated 12 Jan 2009 and I have never responded to them. I think that the tone of this latest letter appears to be slightly less threatening than the previous ones so maybe they're coming to the end of their range of intimidating letters.

[Like-Im-Being-Ripped-Off]

Well 8 to nine months now you can have a well deserved rest methinks.

well done to sticking to your guns.....

ps unless there going for the year.

[Carlanon]

Sorry, I forgot to mention the so called debt started out at £50, this doubled to £100 within 14 days, and then increased to £145 within 21 days. Its still stands at £145.

[Like-Im-Being-Ripped-Off]

Well Carlanon

13 letters at say 30p = £3.90 ish + DVLA Fee £2.50 = £6.40 plus timewasting.

nice.

[Carlanon]

You know what. If they go to the year then it won't do them any good at all because I will not pay. I've stuck out this long and intend to carry on.

[tompepper]

I am grateful to all the above for your input and information Ahhhhh I feel a lot better now for reading your posts. illegitimi non carborundum ......Indeed! I have recently been through the same scenario at my local Tesco store when I needed the loo urgently when it was tipping down with rain, my reply was as good as couldnt care less and PAY UP. so glad for this invaluable info Thanks Again.

Edited August 12, 2009 by tompepper
spelling

[kkzs]

i have followed the adivce from various forums and have ignored the letters i have gotten from ukpc.

 

however today i got a "letter of demand" from a company called "cartwright and wells" acting on behalf of ukpc.

 

 

 

they have basically threatened court proceedings within 7 days if i do not pay £135.

 

can some experts please confirm that i can continue to ignore this letter!

 

 

 

 

so can i continue to ignore them?!?!

[Stargazing]

tompepper

 

If you wish to complain to Tesco, here's a contact address for the head of Customer Services, given to me by the Tesco Parking Complaints team:

 

Sir Terry Leahy,

Head of Customer Services

FREEPOST SCO2298

Baird Avenue

Dundee

DD2 3TN

 

I have written today.

[buzby]

i

so can i continue to ignore them?!?!

 

 

Absolutely. Nothing has changed -you'll be aware you're due at least 14 letters demanding some form of payment. When you recieve more than this, you've ether got two Invoices, or they REALLY like you.

 

The flipside with all these Debt Advisory organisatins is a nice touch... t must be the new 'caring' side to [causing problems] we've not heard too much abut!