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

[Rob S]

Its a ticket issued for parking on private land. They write to the registered keeper and imply that they are legally responsible, but in reality it is the driver of the vehicle who could potentially agreed to a contract. You could write back to them and inform them that as the registered keeper of the vehicle you are not liable.

 

What was the ticket issued for for just out of interest?

[Rob S]

That is typical of how these companies operate.

They make their tickets look as official as possible, but the bottom line is they are issued in respect of parking on private property.

 

If you had received a penalty charge notice from a local authority, then as the registered keeper you would be responsible for the ticket, but this is not the case for tickets issued on private property.

 

I wouldn't even bother corresponding with them. It is up to them to prove that they had a contract with the driver of the vehicle, not the registered keeper. And you are under no legal obligation whatsoever to supply them with the name of the driver.

 

If they pass the matter on to a debt recovery agent all you would need to do is to write to the agent and point out that you as the registered keeper are not liable for the matter and are disputing the ticket.

 

They will have to pass it back to the parking company.

Their only option after that would be to take the matter to county court, but to win their case there they would need evidence of who the driver was.

Without that they are stuffed.

 

These companies know they tread on thin ice with the way they issue these tickets. T

hey rely on their quasi official notices scaring people into paying up.

 

I have yet to hear of one case where they have gone all the way to county court.

I would just ignore their notices and see if they pass it on to a debt collection agency.

I would be surprised if they do.

[Rob S]

A photo of the car is as much use as a chocolate fireguard to them. They need to have proof of who the driver was and whether the driver agreed to enter into a contract with them and abide by the terms of their contract. They need proper signage up as well. As registered keeper, I would write back to them and point out that the registered keeper is under no obligation whatsoever to pay this charge, only the driver is. And the RK is under no obligation to state who the driver of the vehicle was at the time.

 

They may well write back and threaten to pass the matter to debt collectors. If they do, just write to them and point out that the matter is in dispute because of the fact that as the registered keeper you are not liable for the charge, only the driver is. Also inform them that this is your final correspondence in the matter and if you receive anything further, you will regard it as harassment and take the matter up with the relevent authorities.

 

So it will be back to the parking company. The only option they will have is to take you to court and to prove their case they will need to prove who the driver was and that they had a contract. It is highly unlikely they will go this far. These companies tend to rely on a heavy handed approach, scaring people into paying by claiming that the RK is liable, making their notices look like official PCN's. If people stand up to them, they will buckle.

 

Finally, take a look at this excellent thread for more on this matter:-

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/65341-private-parking-companies-charges.html#post567523

[Rob S]

Bankbustermum, it was parking in a private car park that got you this ticket wasn't it? Because they are using terms that are suggesting the ticket was an official one issued under the 1991 Road Traffic Act.

 

They are trying it on, pure and simple. Just write back to them and inform them that the registered keeper has no liability for a ticket issued by a private company for parking on private premises, only the driver does. Tell them to stop[ contacting you and warn them that any further contact from them will be regarded as harassment and you will take the matter up with the relevent authorities. And this I have taken from Petes excellent post about private parking:-

 

"The Administration of Justice Act 1970.

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.

Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :

(1) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

(2) of the enforcement of any liability by legal process.

It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

Thus if you receive one of these invoices and it appears to purport to be a PCN or FPN then I strongly suggest that you report the incident to the police. The police are DUTY BOUND to investigate and act. I had to have a ‘debate’ with the local Sgt to have him act on my behalf, however if you are polite and firm then the police should take it on for you."

 

 

You might want to mention that piece of legislation to them, as I am guessing that they have made thier tickets look like official ones?

 

Good luck and illegitimi non carborundum:)

[Rob S]

You shouldn't need to include the letter from UKPC, just quote the DCA reference and advise them that the debt is in dispute and that as the registered keeper you are not liable. They will have no choice but to pass it back to UKPC.

[Rob S]

Just write back to Hunter Forrest and point out (AGAIN) that the matter is in dispute and that you do not accept that you are liable for the invoice, and advise them that they have no choice but to pass it back to UKPC.

 

Without a judgement from a county court there is nothing they can do to recover the funds. And if they go so far as to register the alleged debt with a credit reference agency, then you will have them all by the short and curlys with regards to a breach of the Data Protection Act.

[Rob S]

Enforcement proceedings??? They can only enforce this when they have got a judgement at the county court, and to do that they will have to prove to the court who was driving and the fact there was a contract in place between them and the driver. And even then they can only claim for reasonable damages that they have incurred, not for the full amount of the "Penalty notice". And if they do go to county court, you will have an opportunity to go to court and defend yourself.

 

You have written to them plenty of times now ( and I presume you have copies of all your letters). I suspect that writing to them again won't make the slightest bit of difference, so let them make the next move. I would be surprised if they take this to court. And if they do try and register this alleged debt with a credit reference agency you will have no trouble getting it deleted as inaccurate.

 

I wouldn't pay them a penny if I were in your shoes, but its a decision for you to make. But you have come this far, why let them win?

 

They are rogues and charletans who prey on the people not knowing that their practices are shady, but you know this. You know there are plenty of people here who will support you.