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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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UKPC parking invoice - tesco Faraday retail park,Coatbank Street, Coatbridge. ML5 3SQ scotland


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Originally Posted by Mr_Eee

Now somewhere I read that if it were to go to court (I know how unlikely this is) they would look unkindly on someone who did not try to resolve the situation first.

 

If you don't contact them, there's less chance of it going to court in the first place.

 

If it does go to court, and you haven't contacted them, you can apply for a mediation period and then contact them (carefully).

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How many times have you reported a 'harassment'? If you're lucky to get past the civilian counter clerk, just you watch the eyes glaze over when you explain that a DCA is contacting you. You'll be told to take it up with BT, Ofcom or the creditor.

 

As I have stated previously, just because the Police Officer or the Civilian Counter Clerk do not understand/know that the PPC or DCA behaviour is actually an offence under the Harassment Act, does not mean it is not worth reporting, you never know you may actually find one that knows what they are doing. Have you never wondered how crime figures are kept down?....Minor thefts that become, 'Lost property' etc.

 

Again, you seem to 'speak for the Law' what gives you this authority? You are expressing your opinion, as am I. But only a judge can decide.

 

How DO you make a 'successful complaint' of harassment? How many calls must you have received before it is a slam-dunk?

 

The Harassment Act does not say, but as we have agreed previously the action taken by these people has to be, 'reasonable'.

 

Sure, keep a record of all interactions, and recordings, but lets be realistic here - it won't go to court unless it steps up several gears and personal safety is threatened,

 

I would also agree with you saying it won't go to court unless it is stepped up a gear or two, and it is really not for the Police to act as judge and jury in deciding which case to put forward to the CPS, although that is exactly what they are doing.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Fully agree - the biggest hurdle is getting the police to take ANY interest in a claim of harassment, however as we have found here there are a multiplicity of degrees, and with neighbour disputes also being classed as harassment (from or by) it is easy to see why those who cry wolf spoil it for those with genuine grievances. This is why phone calls from a DCA are way down the pecking order.

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Hi Folks, Thought I'd give you an update and for those more recent posters here's my UKPC experience so far... I initially explained to UKPC that I was not the driver of the vehicle and so did not enter into any 'contract' but of course that didn't make any difference and after a while I began to get letters from Rossendales collect which I didn't reply to - even though I was sorely tempted! This went on for a while and I got several threats of a visit which of course never happened and now it's all quiet, I've not heard a thing for nearly two months. That's not to say that this is the end but my MP did bring up this issue with the DVLA for releasing my details and I got good support from Lawanswers.co.uk which gives free legal advice on just about everything. Also excellent advice from this site . So in my opinion there is absolutely no point in entering into any communication with anyone unless you really were the driver of the vehicle and did read the signs in which case you could still deny liability and hope that they don't have video or photographic evidence of you. I think the main thing that I've learnt is that writting letters to these leaches is utterly pointless. I really wanted to at first but you've got to chill out and not let them wind you up with their threats - this is what they want! If you really want to write letters then do so but send them to your MP and complain about the DVLA giving your details to private companies. IGNORE UKPC and their henchmen, well that's what I've decided. At the end of the day the choice is yours but I was and still am more than prepared to go to court to fight but only if they actually issue a court hearing against me. Good luck all

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Interesting thing has now started happening to me. Roxburgh have started telephoning me. The first time my husband answered the phone - I wasn't home and they just asked for me and when told I wasn't home just backed off - that was about 3 weeks ago. Tonight they rang and got me. They were quite threatening, wanting to know why I hadn't paid the fine. I simply said I was not going to have a conversation with them and put the telephone down. Since then they have rung a further 4 times. I now recognise the number and have not answered the phone. Anybody else had this experience? Any suggestions how to handle it?

Hi there

I have had loads of PCNs or whatever they're labelled from the same hospital car park. I always appeal these directly to the company running the park and usually get a sensible resolution. However, some of these have been passed to Roxburghe debt collection.

Have had numerous calls from Roxburghe/Graham White solicitors regarding `parking fines`. At first was very irritated, but now quite happily annoy them back!

 

When they call-

1. Ask for their full name- some will give forename and surname, others claim they don't give out names.

2. Ask the exact details regarding the supposed offence: they will have a reference number but no other details.

3. Tell them there is no way you will ever pay them and that they should be ashamed of their constant calls demanding money without any knowledge of exactly why they are demanding it.

 

Most of them will hang up at this point, but some are quite friendly and used to an angry conversation so then:

 

4. Ask them how they will proceed in legal terms.

5. Ask who their solicitor is: they usually tell you Michael Sobell of Graham White solicitors.

6. Ask if this is the same Michael Sobell who works for Hackney council and is in fact never in the Roxburghe/Graham White solicitors office in Surrey.

 

They will usually be silent at this stage or get you another person to speak to you who will tell you that your case is cancelled.

 

7. Tell them NEVER to write or phone again and explain to them politely that they should be ashamed of how they make their living.

 

IT WORKS- I've had around 6 different tickets cancelled on this one call and haven't heard from them since, mind you have had another recent ridiculous `parking fine` so may be chatting to them soon.

 

REMEMBER: they do not have a leg to stand on: embarrass them when they call by showing you know where they are and what their [problem] is.

 

ALSO: check some threads regarding Michael Sobell and Graham White solicitors: you'll find he's under investigation by the Solicitors Regulation Authority due to the fact he registered this `solicitors firm` illegally.

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One thing I've always made sure of is that I am not in the BT telephone directory, but also not ex-directory. That way if anyone wants to get hold of me, they can. BUT only if they pay to do it via directory enquiries. That stops cold callers whilst still being reachable. It also means I can't be found via the web!

Also opt out of being on the electronic form of the electoral register (I think that's what it's called?) which means that you don't go on any of those purchasable databases either like 192.com.

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I'm on my 3rd letter from our friends Rossendales this one is the "Final demand", following all the top tips on here this one has been filed away with all the others and I have also had a call from Rossendales from a rather unpleasant individual called "John". Out of interest what is par for the course for the number of letters or calls, I actually look forward to getting them now, don't think I'll get an invite to their Chrimbo party though:)

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Bigbaby has received a UKPC parking fine for £70. If the fine gets paid in the first 14 days, it will be £40. A photograph of the car with the attached fine parked in a Tesco car park, on a yellow zig zagged line is also sent. I have read several messages on this website saying I should write back to say "I am the registered keeper of the car, not the driver". Is this advice still good?

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oh yes. even better if they do waste fuel and time to visit when they have no powers at all and will be wasting their own time and money. but they know that already which is why the don't visit. As they are members of the CSA report them to the CSA for this threat - its against CSA rules. welcome to the csa group - x

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Woohoo, letter no. 2 just turned up. telling me it's too late to pay the 50% discounted rate and now we have to pay an increased amount.

 

How long do I have to wait before the next letter then? Assuming I do nothing, LOL

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Hi Guys

I'm new to the site and just want to thanks to all of you.

My 17 year old daughter is being chased by UKPC and we need all the moral support we can get, it would be much easier to deal with if the they were after me.

We've had a couple of charge notices from UKPC and now the first threatening letter from Rossendales has arrived, I just hope I'm doing the right thing by ignoring them.

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I recently got a parking ticket from UKPC in the Becton triangle retail park.

 

I understand that as I was not on the public highway or on property owned by the local council this is not a penalty ticket, but an invoice for an alleged contract UKPC are alledging they made with the driver of the vehicle.

 

In order for a contract to be legally binding there needs to be both "Offer" and "acceptance" by the other party.

 

Would I be right to assume that one can only accept an "offer" once an "offer" has been received ie I cannot without knowlege of an offer accept it?

 

Am I right to assume that as there was no sign or communication of UKPC intending to make an "offer" ie you park here and we will charge you £X, then it does not seem possible to make a legally binding "acceptance" of this offer and form a contract?

 

More over am I right to assume that if they subsequently put up signs, these signs must be clearly visible, prior to one making an "implied Acceptance", by parking their car. ie if you park you car and then see their signs and susequently move your car you have not accepted their offer to a legally binding contract?

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hi, Guys,

I keep jumping around from thread to thread and have found solace in knowing there are others in the same boat regarding letters from Rossendales Collect. Much needed as my husband would just pay up anything. I am stirring it as much as I can by compaining to authoritative bodies but I have heard, but may be wrong that the behaviour of PPCs is being brought up in the House of Commons next year. Correct me do.

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