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

[buzby]

I Have just received a finasl reminder even when my appeal hasn't finished.

 

How is this legal? and why is are they allowed to have such a short appeal process as they send you a picture of some car with a ticket and say that you have to pay?? .

 

WHOA THERE! Are you not reading the comments in this thread? It is legal because anyone can said you a letter with wild and inaccurate representations as long as they put a stamp on it. The trouble is you are believing it all, so for goodness sake CHILL OUT.

 

They don't care about parking, they don't care if you were in a different city. They're just looking for people stupid enough to pay. So, you can either pay them and be a victim, or ignore them and realise the the majority on CAG know, that these [problematic] are praying on the weak willed and ignorant.

 

It's your money. Pay it if you want to, but I'm sure you've got better things to do with your time and money. So stop treating them with the courtesy of any reply, they just don't deserve it.

[letshelp]

Hi Blobin,

I love those words you have used to a ppc,

 

Appeal:D:D:D

Legal :D:D

Another letter:D:D:D

 

Are you serious, read finefights post no. 644, to see how you are completely wasting your time and stamps.

regards

Edited October 7, 2008 by letshelp
forgot a point

[finefight]

Hi All,

 

I recently wrote to my MP regarding the DVLA releasing my details to private companies. I said to him that they have no regard for my personal details and pass them on to other parties (for a profit) who now harass me for money and send me threatening letters.

He has agreed to take the issue up for me so I thought that if enough people raise this issue with their MP's there may be a chance that something will be done about it. So folks have a look on the internet for your MP's email address and get typing!!:grin:

[Yay4UKPC]

I've not heard from them for some time.. Was hoping to get the "please pay us.. we'll give you a discount if you do.. pretty please.. go on.. we'll like you and will be your friend" letter.

[Yay4UKPC]

Hi All,

 

I recently wrote to my MP regarding the DVLA releasing my details to private companies. I said to him that they have no regard for my personal details and pass them on to other parties (for a profit) who now harass me for money and send me threatening letters.

He has agreed to take the issue up for me so I thought that if enough people raise this issue with their MP's there may be a chance that something will be done about it. So folks have a look on the internet for your MP's email address and get typing!!:grin:

 

No doubt, the companies will just find another way to harrass you instead.

[finefight]

No doubt, the companies will just find another way to harrass you instead.

 

 

You sound as cynical as me!! but you're right. Thankfully at least there are some people like us who take a stand and say no to these gits

[finefight]

Below is an example letter that was sent to me by Lawanswers.co.uk

Just in case anyone wishes to use/adapt this example

I have received a parking charge notice under your reference [123456]

To enable me to consider your claim, please advise of the following:

1 What evidence do you hold that shows I was parking in your car park over the

allotted time? If you hold documentary evidence please provide copies of the

same. As a private car park, any claim you have lies in contract and not in Statute.

I could only be contractually liable if I personally parked a car in the car park.

Mere evidence that a car registered to me was parked in your car park does not

prove that it was the case that I parked it.

2 What are your charges for parking in your car park? If there are no charges then

what are the contractual terms that you (your client) apply in relation to this car

park.

3 Please provide me with a copy of any ticket you claim to have issued.

4 Please advise me how it is alleged I have breached any purported contract.

In anticipation of receiving the documents requested above I would make the following

comments:

1. As your claim lies in contract it represents a claim for damages for breach of

that contract. Your penalty charge of £[??] bears no correlation to the

damages you have allegedly incurred.

2. In light of the damages you have claimed, your claim represents a penalty

charge and is consequently not recoverable in contract law.

3. It is my view that any contractual terms you rely upon to claim your penalty

charge are unfair and consequently unenforceable pursuant to the Unfair

Terms and Consumer Contracts Regulations 1999 and the Unfair Contract

Terms Act 1977.

Please refrain from any further contact regarding this matter unless and until you have

answered each of the points above and where appropriate provided copies of the letters

referred to.

[if appropriate] I have found your letter distressing and put you on notice that any further

attempt to demand monies from me without responding to my reasonable request for

information as set out above, will result in my solicitors being instructed to bring

proceedings under the Protection from Harassment Act which entitles me to an award of

damages together with a non-harassment order. In that event my solicitors will also seek

the costs of those proceedings.

Yours faithfully

[Yay4UKPC]

[cynical mode]

They'll just keep sending them.. you aren't talking to humans. I've no doubt they just have an automated letter generation system.

[/cynical mode]

[jimmylesaint]

finefight - this most recent communication is evidence that they consider you to be a well 'hooked fish' (by vurtue of the fact that you wrote in the first instance - demonstration of my point made above about totally ignoring!)

 

However, this letter is no more than further harrasment and scare tactics - I would still ingore and wait for a stamped court summons if they dare to go that far.

 

If (and I mean IF, as I doubt they would waste their time or effort) these 'clowns' turn up, state the debt is in dispute (nothing more) and tell then to leave or you will call the police stating that they are trying to extract monies with menices (and do just that if they don't go immediatly -the more witnesses the better, so get the family round - lol) - they will soon leave or be asked to leave by the police.

 

Bottom line - no court papers, no action! - simple as that.

 

DO NOT PAY A PENNY TO THESE PEOPLE

.

Webferret i lost a clamping case, so different to a PPC taking me to court for a ticket, i took them to court. I had all angles covered with my particulars.I thought..

However the judge said there was no contract, simply i "knowingly trespassed and was clamped". Now what stops a judge saying something similar if a PPC took someone to court over a ticket??? I think it is important to let people know, you will not always win, and to boast that no "properly defended case has been lost" well define what you mean by that, do you mean hire 3 lawyers(hope not because people who read these forums are i guess like me, on the poor side and can't afford it).

I think what the consumer reads on here is a guideline which may increase ones chances of winning.

To also give advice to ignore letters is a bit difficult as i say, why can't i stop them being sent ,if you have a wife and kids at home whilst you are at work, you wouldn't want "bailiffs" to come round. In essence one fears for the safety and security of the rest of the household, if the PPC sent DCA over.

Perhaps a this forum could come up with a sure fire way of stopping letters being sent....

[Yay4UKPC]

The particulars are very different.

 

They aren't court baliffs also.. they are debt collectors which are basically joe public coming to your door asking for money. That's all they can do and there is no legal right to do anything else. You have the right to ask them to leave like you can with anyone else.

 

You were clamped because you parked on private land, not because your vehicle was parked in a privately run public car park.

Edited October 12, 2008 by Yay4UKPC

[pin1onu]

Jimmy,

 

Vehicle clamping is a remedy for trespass known as Damage Distress Feasant, not for breach of contract. There is a huge difference.

 

The case law on clamping is well known. (Vine vs Waltham Forrest and Arthur vs Anker. ) . The clamping guide in the stickies sets out the basis for clamping in England and Wales. The judge in your case was merely quoting

from the case law.

 

PPC invoices are for breach of contract which is entirely different.

[jimmylesaint]

HI YAY4UKPC.

I know they are just debt collectors, but this is even more distressing because they are "wild cards" not properly regulated etc. Which is not a problem for me if i was home 24hrs a day but am not so wife would have to deal with it?!

PIN1ONU

I was under the impression that the clamping signs formed an inferred contract(guess thats why i lost:)I should have spent more time on the damage feasant part and try get them to justify the £360 charge. Kind of hoped the judge would check th econtract between clamper and private land owner as i requested in my particulars:(

[Yay4UKPC]

You won't see any.. no one else has mentioned a visit. All hot air and scare tactics once again..

 

I've still not heard a peep from them.. kinda disappointing.. They didn't pester me for long

[letshelp]

Hi Jimmy,

 

Put in its simplest terms, No One is coming to your house. Its a scare tactic that sadly seems to work.

Forget about it.

regards

[nickc25]

I have had a fine in July from UK Parking Control Ltd

 

 

I am a disabled driver and parked in the mcdonalds to have a coffee in mcdonalds and also nip to the post office nearby. I had to wait in mcdonalds for ages for the coffee and then the post office queue was big. Because I can only walk slowly, it took me a while to get back to the car as I had been standing up for a while and in a lot of pain. I sat in my car for 5 minutes to rest before driving off as I forgot to take my morphene out with me so had no pain relief.

 

Then 2 weeks later I get a letter with big red letters:

 

PARKING CHARGE NOTICE

 

I thought it was a bit weird as i thought they were issued by a council.

 

THe middle paragrapgh on it says:

 

“Failure to pay this full balance outstanding within 7 days of the date of this notice could result in the balance outstanding being registered as a debt against you in the county court. A warrant may be then issued to bailiffs to recover payment. You will also become liable for the additional fees of the county court and the bailiffs to recover your payment. You will also become liable for the additional fees of the county court and the bailiff together with any legal costs and interest involved. Your ability to obtain credit in the future could be affected”

 

 

I wrote back to them explaining that I was a few minutes over and that I was a disabled driver and what had happened. I also asked why there was no mention about disabled badge holders on the parking conditions.

 

They simply ignored my letter.

 

I then got a "Final demand" letter about 2 weeks later so I sent them a "final demand" letter back, this time being recorded delivery and they replied saying that the fine had increased to £75 because I had not paid within 14 days, they didnt answer any of my questions. There was "evidence" enclosed which was an image of my registration number going in and one going out, alongside a computer clock. I went over by 2 minutes.

 

I wrote back to them again asking them to take me to court as I believed the fine was unlawful. They simply ignored my letter.

 

3 days ago I got a letter from a debt collection agency called "elite collections". It is now £145. It does not say how it has gone from £75 to £145 but it says that it will be £170 if I dont pay within 5 days of the date of the letter. The letter was dated 29th September but I didnt even recieve it until the 14th October - I kept the envelope and it is postage stamped the 11th OCTOBER!! So they are basically trying to [problem] me.

 

I phoned them up and I told them that I was disputing this with the parking company. I asked them how on earth a debt can be sold to a debt collection agency without a debt being registered at court and the guy just said If I dont pay now it will go up and they will charge me what they want. He said "I dont care if you are disabled, you broke the law"

I said what law was that then? I said, take me to court. He then replied "you will lose in court so pay now or you will pay a lot more"

 

I felt very harrassed and blackmailed.

 

I am in the middle of typing a new letter to UK Parking Ltd but Im unsure what to put.

 

I know that they have put PCN on their "fine" and are misleading so they wont win in court. Their Conditions sign is only about 30cm wide too. So in the dark, people will not see it. I struggled to see it in the light and had to walk up to it to see it, its not visable when you actually drive in because you drive past quickly and the writing is small.

 

I think it is done to mislead people to purely make profit from it.

 

Anyone know where I stand?

 

CHeers

 

 

--------------------------------------------------------------------

 

This is the letter I have typed and was going to send today, but will leave it until Ive had a response..

 

UK Parking Control Ltd

PO BOX 599

Borehamwood

Herts

WD6 4ZL

URGENT

 

 

20th October 2008

 

 

To Whom it may concern,

 

 

 

RE: Parking “Fine” 0501080624007

 

 

I have received a letter from a debt collectors for £145 saying they will charge a further £25 if not paid within 5 days. So the Original “Fine” I had for £75 (Reduced to £50 if paid within 14 days) is now £170? Got to be some kind of JOKE.

 

As I said in my last letter I would end the matter by paying £15 but that was totally ignored and you passed it to debt collectors!

 

But the thing is, where I live which is England. It requires that something like this needs to be proven in a court of law. You also need to prove who the driver was. I said in my last letter that to save going to court etc I would pay £15 admin costs and get the matter over with but then you think you can just pass it onto a debt collectors?

 

There is NO debt to pass on. You have also called your “fine” a PCN. Which is very deceptive. A PCN is issued by a local authority. You are just a land owner and do not have any legal enforcement over the registered keeper.

 

I take note of the The Administration of Justice Act 1970 which states:

 

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.

 

 

I note part a above which you have clearly breached. In one of your Notices:

 

“Failure to pay this full balance outstanding within 7 days of the date of this notice could result in the balance outstanding being registered as a debt against you in the county court. A warrant may be then issued to bailiffs to recover payment. You will also become liable for the additional fees of the county court and the bailiffs to recover your payment. You will also become liable for the additional fees of the county court and the bailiff together with any legal costs and interest involved. Your ability to obtain credit in the future could be affected”

 

You are claiming that the notice is a PCN but it is a PPC. This is against the law and is a criminal offense. I shall be reporting this to the police at the earliest opportunity.

 

There is no debt so how on earth do you think you can sell it to a debt collection agency? I will not be bullied into paying this like some people may be. I am a disabled driver and you have caused me great distress by the harassment letters demanding payment and then a subsequent letter from a debt collection agency demanding payment.

 

When I spoke to the debt collection agency on the telephone, I felt I was being bullied by the person I spoke to. He spoke to me in a threatening manner which is not professional. Saying things like “you will lose in court if you do that so pay up now”. I also felt I was being blackmailed too, which is another criminal offense. I hope the calls are recorded.

 

I also note that you are breaking the British Parking Association’s code of practice. You have not provided a full address, it is simply a PO box which is not allowed under their code of practice, I shall be reporting this to them too.

 

This letter is being sent recorded delivery because each one I have sent normal post has been ignored.

 

If any debt collectors come to my fiancées house, the police will be called.

 

I have also complained to the local council about the size of your disabled bays. They do not meet minimum legal requirements for size, so in fact you have no disabled bays in your car parks which is against the disability discrimination act.

 

There is 1 sign which is around 30CM wide on the entrance to the car park, which is obstructed by bushes too. This will be my last letter on this matter. I suggest you either sue me for your losses or stop sending threatening letters, as each letter with a PCN notice on the top will be reported to the police as it is misrepresentation. I shall also be contacting the DVLA on this metter.

[raydetinu]

If you have read the previous comments, just ignore, dont waste anymore time in responding or worrying, they will get fed up and go away eventually. NOT enforceable.

The more you respond the more vigorous they get as they think you may pay up as it is getting to you.

[lamma]

FAQs - PPCs - fighting back. The forces are aligned

[Yay4UKPC]

YAY!!!! I've had my next letter.. Just when I was loosing all hope for more laughs..

 

This time they've kindly written to me (using that fantastic black and red printer they have in the office) letting me know they are going to pop round.. Not sure what for, perhaps a pot of tea and a bicky or something.. How wonderful!!

 

I'm eagerly awaiting their visit and will have my kettle filled and ready to switch on at a moments notice of their arrival. Which is meant to be in the next 48 hours. Which was last week.. but that won't stop me froffing with excitement.

 

They even made sure I didn't miss the point about them coming by putting it in bold red and CAPITALS! Just like this..

 

NOTICE OF VISIT

 

What I don't get is that they offered me choices to avoid them coming round.. But why would I want that? It would be just wonderful for them to come and visit. I've got my 2nd Dan to practice for, and I'm sure I could convince them to help me out with that.. They'll get a cup of tea and a digestive at the end, so should be an enjoyable day for all.

 

Can anyone explain why the debt collector (Rossendales) needs to tell me they passed it onto debt collectors.. If they passed it on.. what are they? Their company tag of "Professional Debt Collectors" seems to be slipping further and further away from the truth. First I thought the first part was bollocks.. now the second part is in question too...

Edited October 20, 2008 by Yay4UKPC

[Yay4UKPC]

It can't be long for that last letter "You haven't paid us [cry].. tell you what.. we'll half the amount for you if you pay us now.. pretty please"

Edited October 20, 2008 by Yay4UKPC

[Al27]

Very rude to make an appointment and not turn up.

 

Tut tut.

[Yay4UKPC]

i know! May be I should send them a "fine" for not turning up?

[ANDYK001]

Hi guys to to let you all know that today i received another letter from my good friends at Roxburgh with regards to my saga dating back to 30/5/2008 at ashton moss, todays letter is telling me that there are more than 40 signs on the leisure complex telling drivers wher to park and i received a nice coulour pic of my car. The letter did make me laugh i pelied with a very nice letter telling them that they were talking b******* and that if they sent me another letter i would be very happy to see them in court with my own photgraphic evidence, i suppose it makes a change to get a letter from roxburgh than the solicitors what a bunch of a-holes you would of thought they'd give up after 6 months ill keep you posted

[Yay4UKPC]

It's because you replied... They love to have something to poke at that either deposits or twitches now and again.

[pin1onu]

i know! May be I should send them a "fine" for not turning up?

How about an MCOL claim for the time you wasted on their aborted visit. Do you work? Did you have to take time off. Charge at your hourly rate.

[Yay4UKPC]

Well I'm a consultant so thats at least £450/hr