UKPC PCN - Gala clacton, 129 pier ave, clacton on sea,

[lancydancy]

Hi all,

darling daughter (2 weeks after passing her test), parked at a cinema car park.

 

The cinema is in the same building as a bingo hall, unbeknown to her, only bingo customers can use the car park.

 

She came out of cinema with a parking charge notice on her windscreen with £100 "fine".that was 17/08/16.

 

Today she has received the notice to keeper, dated 20/08/16.

 

We have ignored the windscreen one, do we do the same now?

 

The photo they sent in the NTK was of a piece of paper from the bingo where you would write down your reg number as you entered the bingo hall. Not a pic of her car.

 

Thanks in advance

 

Oh and I've just checked their online photos and there are pics of her car and the sign which does say gala customers only. :/

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

[lancydancy]

For windscreen tickets (NTD) please answer the following questions.

 

1 The date of infringement? 17/08/16

 

2 Did you appeal to the parking company?

No. have now just received the NTK, dated 20/09/16

If yes, has there been any response?

If no, have you received a Notice To Keeper? (NTK)

 

Did the NTK provide photographic evidence? Yes

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA)

Yes

4 If you appealed after receiving the NTK,

id the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company?

U.K. Parking control UKPC

[lancydancy]

And says it's "operating in accordance with the British parking association code of practice"

[ericsbrother]

I wrote a long post on why the parking co is wrong but then noticed you sued the wrong date for the NTK in your original post.

This means you nearly got the wrong advice so it is critical to get everything exacly spot on or you can shoot yourself in the foot.

 

Now, next thing we need to know is where the land is, exact place or easily searchable name as we will have a peep at the signage visible form the public highway and offer our comments based on what we can see as a casual observer.

 

Knowing the exact wording on the ticket and in the NTK will be very helpful as UKPC are pretty shambolic and probably have sunk their chances of a successful claim anyway.

 

 

They are also well known for being inverterate liars but more of that later if it is necessary for your case.

[lancydancy]

Thanks, just a typo I'm afraid. I will put he exact wording up later when I get home. The exact address is 129 Pier Ave, Clacton-on-Sea CO15 1NJ

Thank you for your response

[Oddfellow]

Yeah, I was about to say "Not a hope of successful claim" after seeing the NTD dated 17/08/16 and the NTK within a week. Glad I didn't spend time writing that post. Oh, wait ...!

[lancydancy]

Yeah, I was about to say "Not a hope of successful claim" after seeing the NTD dated 17/08/16 and the NTK within a week. Glad I didn't spend time writing that post. Oh, wait ...!

 

My sincere apologies, my finger just clicked the key next to the one I wanted. Consider me well and truly told off.

[lancydancy]

the letter we received today says:

 

Re: notice to keeper

Your vehicle was recorded on our clients private property in breach of the following terms and conditions of parking:

Parked in a permit area without displaying a valid permit.

Gala clacton, 129 pier ave, clacton on sea, co15 1nj on the 17/08/2016 11.07.

 

The driver of the above vehicle breached the terms and conditions of parking which were clearly and prominently displayed on our car park signs.

These terms and conditions were agreed by the driver when your vehicle was parked on private land.

 

 

A parking charge was issued to the driver at the time but this has not been paid.

We therefore had reasonable cause to obtain your details as you were the registered keeper of the vehicle at the time of parking.

 

UK parking control Ltd do not know the name and address of the driver.

We therefore invite you, the registered keeper, to pay the parking charge

or provide us with the name and current address of the driver

so that we may write to them and request payment and you should also pass this notice to the driver.

 

If, after a period of 28 days, (beginning with the day after this notice is given),

the amount requested in this notice has not been paid in full

(or we have not been informed of the drivers name and address)

you, the registered keeper, will, subject to the conditions of,

and under the terms of schedule 4 of the protection of freedoms act 2012,

be liable to pay the unpaid parking charge.

 

Payment is required to be made to UKPC (the creditor) by the driver within 28 days from the date of this notice.

Operating in accordance with the British parking association's code of practice.

[lancydancy]

The actual ticket from the day that was stuck to the windscreen says:

Ref no: xxxxxx

Date: 17.8.16

Vehicle reg no: xxxxxx

Make: Vauxhall

Colour: red

Location: gala clacton, 129 pier ave, clacton, co15 1nj

Issue time: 11:07 17.8.16

Time first seen: 11:07 17.8.16

 

Parking attendant no: ..... had reasonable cause to believe that the following breach of the terms and conditions of parking occurred on private land (details of which were clearly and prominently displayed and agreed to by the driver by the act of parking the vehicle):

 

Parked in a permit area without displaying a valid permit.

 

A parking charge of £100.00 is outstanding and payable within 28 days of the day of this parking ticket.

A reduced charge of £60.00 is payable if payment is received within 14 days of the date of this parking ticket.

 

 

If payment is received within 14 days the reduced charge will be accepted in full settlement.

Details of how to make payment are overleaf.

DO NOT PAY ANY UK PARKING CONTROL LTD ON SITE EMPLOYEE DIRECTLY

 

issues by U.K. Parking control Ltd

Registered in England 05104383

Registered office: the apex, 2 sheriffs orchard, Coventry, cv1 3pp

Vat ref 888246177

[ericsbrother]

well,

the parking without a permit is most likely a prohibition rather than a contractual matter as you cant agree to disobey something and that means it is trespass and nothing to do with UKPC as only the landowner may sue for losses caused by trespass.

 

The sign on Old Rd at the entrance says Gala members only , see notices in car park for conditions.

 

This kills any claim for 2 reasons,

1 it prohibits anyone else from parking so not a contractual matter and

secondly, even if that wasnt the case

it is not a contract but an invitation to treat as it refers to other signs elswhere so there is no offer and consideration to create a contract with the parking co by means of this sign.

 

I would also bet that the council has a stipulation about who may park, hence the vague intent of the sign but this has not been properly thought out by UKPC and probably breaches the planning conditions for the land and wont have its own planning consent under the advertising hoardings regs because it would never be granted.

 

So, what to do?

Ignore them would be my first choice,

let them waste money chasing you

 

if they get as far as paying a solicitor to threaten you with court action then you respond with a letter outlining the above

 

tell them that any claim would be defended as vex and a full costs recovery order sought.

 

You can then bill them for your time researching this matter at 5 hrs @£19.50/ph plus travel, time off work etc

[lancydancy]

Thank you very very much for your reply. It is greatly appreciated. I will ignore the letters for now then!

[lancydancy]

Hi all,

Today, we have received a letter from DRP debt recovery plus Ltd.

It's says they are acting on behalf of their client who have asked them to collect payment. They also say if we don't pay they will recommend that their client takes court action.

Where to next?

Kind Regards

[ericsbrother]

ignore them completely. If you think this isnt the thing to do read all about DR+ on other threads and you will soon see that it is..

[lancydancy]

Thanks!

[lancydancy]

Hi! I've had another letter today from DRP. They now say:

"Notice of intended court action-unpaid parking charge £160.

We refer to our letter dated 21/10/2016 and note that you haven't paid the amount shown above. As you haven't contacted us to tell us that you're not liable for the charge, we've taken this to mean that you agree you're liable for it"

Where to now?

Thank you in advance.

[dx100uk]

As post 14

[lancydancy]

Thought so, but wanted to check. Thank you

[lancydancy]

Hey, me again. So this has now been passed to zenith collections. They write saying it is their intention to collect this debt and pursue it to a legal conclusion if necessary.

What do I need to do now?

Many thanks and merry Christmas

[dx100uk]

nothing

they cant

only the owner can do court

pure willy waving.

 

 

dx

[lancydancy]

Ok! Thank you very much

*swats that willy away, and continues to scoff mince pies*

[ericsbrother]

as they have now wasted £30 on useless dca's they will hopefully give up and chase some other poor sod.

 

UKPC, however are greedy and dumb so you may get more letters from a solicitor.

 

 

If you do you would be wise to respond and say that no contact exists as the sign is prohibitive and their client has a habit of losing these claims in court and that a counterclaim will be in the offing should they the decide to proceed.

[lancydancy]

Thanks very much