UKPC Parking Charge

Hi

My daughter received a parking charge when visiting her friend at home from a private company ukpc.  My question is simple, is it enforceable and should she pay the fine ?

 

regards

Steve

IT'S NOT A FINE!

ITS NOT A FINE ITS AN INVOICE! It's NOT enforceable. only the authorities have the legal power to FINE you! They are a PRIVATE COMPANY, they'll send you plenty of threatening official looking letters but it is very rare that the matter will progress to court. It is down to the car parking company to prove who was DRIVING not who the registered keeper is, it is the DRIVER they have an issue with. Unlike a parking fine from a local authority or the police (ie a traffic offence set in criminal law), the registered keeper is under no obligation to identify the driver. Make sure your daughter does not identify herself as the driver. They may threaten you by quoting Combined Parking Solutions v Mr Stephen Thomas, but that case is highly dubious in terms of its origin and purpose (it is claimed that it was a sham case). No other such case has ever been successful in court.

They have only one case, breach of contract which they will find very difficult to prove.

If it ever gets to court, which it wont, you have two defences, 1. You have not been identified as the driver and 2. the charge made against you is unfair an bares no correlation to the cost of parking or perceived loss.

The car parking company must prove a loss has occured!

My advice, ignore the letter and all ensuing letters, they will all look formal but its all rhetoric. They will pass the matter to a debt collector then/or a solicitor (who will almost certainly be the same company - check the address) but there is no law that allows them to charge anything against you, take your goods or affect your credit rating in anyway, its all rubbish!!

IGNORE IGNORE IGNORE...DON'T CALL THEM, WRITE TO THEM OR ENGAGE IN ANY WAY WITH THEM!

ONE MORE THING, DON'T APPEAL, ITS A SHAM AND HAS THE SOLE PURPOSE OF IDENTIFYING THE DRIVER AND LIABILITY IN WRITING.

Former Police Constable, and senior manager for former Magistrates' Courts Service/HM Courts Service and Local Authority/Council responsible, among others, for investigating and responding to all complaints. . I have also been a GMC investigator.

One last word...be very

One last word...be very careful what you post on forums asking for advice about these invoices! The car parking companies monitor and have memberships! wink wink!

Former Police Constable, and senior manager for former Magistrates' Courts Service/HM Courts Service and Local Authority/Council responsible, among others, for investigating and responding to all complaints. . I have also been a GMC investigator.

ukpc ticket

I was parked in a disable bay and forgot to show the blue badge as my friend an I were only going in for 5 mins to Boots for a sandwich. Ticket on screen when came out , must have been in waiting to pounce! - have appealed and shown supporting document - advice please!

What do you want advice on? 

What do you want advice on?  You say you've appealed and provided them with your documents - wait for the result.  The parking attendant can't be expected to identify those that have a blue badge but forget to display it from those that don't have a blue badge.  The widespread abuse of disabled parking bays leaves people who genuinely need them with nowhere to park so it's not surprising that the authorities are clamping down.

UKPC Parking fine

I have a disabled blue badge and parked at a shopping centre in a disabled bay. I forgot to put my badge up and when I came out no more than 10 mins later there was a parking ticket from UKPC on my windscreen. I phoned and explained I had a badge and was told that they would waive the charge if I sent in a photocopy of my badge which i did.  A month later I've received a letter stating that they do not believe they issued the ticket wrongly and will not waive the charge but will reduce the charge to £15 instead of £60 or £90. I would rather not pay on principle as they haven't explained what the £15 represents. Any advice?

UKPC

The same happened to me at my place of work 2 years ago now . Isent my blue badge details but they still sent demending letters. I ignored them as it is only an invoice they make it look so official as they get your car details etc from DVLA by paying them a fee. Its still an invoice and i didnt pay nor did I enter into long letter writing after I sent in proof of blue badge. I think I got 2 more letters worded even stronger but nothing ever happenned.

 

Profile: disabled 54 year old male in receipt of ESA DLA IIB currently going through litagation

New legislation?

Does the "Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges" change the situation?

(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf)

In my case, cars parked in the roadway next to our office were suddenly ticketed after years of people parking there.  No clear signs were provided.

Ticketed by whom?  Is the

Ticketed by whom?  Is the roadway private land or public highway?

The new Act makes it possible for landowners to pursue the registered keeper of a vehicle for parking charges incurred on private land.  Previously it was only possible to pursue the driver and if the registered keeper refused to identify the driver, no action was possible.

UKPC PARKING

There appears to have been quite a lot of comment on this subject - much of it completely wrong!

From 1st October 2012 the situation with regard to parking on private land was dramatically changed.

If the operator is a member of the British Parking Association Approved Operator Scheme then subject to certain conditions the charge notice is enforceable a a civil debt. The conditions relate to matters such as clearness of signs and belonging to the Independent Appeals process. The significant matter is that there is registered keeper liability- they do not have to prove who was driving and they can obtain the keepers details from DVLA.

If the operator is not a member of the above scheme then they cannot access the DVLA  and therefore cannot proceed as they cannot identify the keeper or driver. You are therefore free to ignore any notices issued by non menbers.

Tickets issued by members of the association will contain details of the appeal process and also allow a discount of at least 40% if paid within 14 days.

 

 

Profile: retired barrister legal adviser with MOJ.

The only change as regards

The only change as regards private parking tickets is that, subject to certain conditions, the Registered Keeper can be held liable for a 'charge' if the driver would have been liable to pay it.

Other than adding a form of viacrious liability, the POFA does not alter the existing law regarding contract or trespass.

 

If the charge is a penalty intended to dissuade drivers from parking there, rather than a genuine contractual offer, it is utterly unenforceable.

If the parking company do not have a proprietary interest in the land, they cannot provide consideration for a contract to park there.

 

However, as regards UKPC tickets, the law is essentially irrelevant as they never take anyone to court. The only time they did go to court, they were convicted of a criminal offence reagrding their 'parking tickets', despite spending a lot of money on a QC to seek a judicial review of the indictment on the grounds that their parking penalties were no different from council parking penalties and that prosecuting them constituted state aid for council run car parks.

Administration of justice act?

it states on these parking tickets that the 'parking charge has been lawfully issued and collection process will be followed in accordance with the Administration of justice act 1970.

Is this simply another way to scaremonger people into paying these charges?

Profile: Her me to seek advice!

Re: Administration of justice act?

The only obviously applicable section of the Administration of Justice Act 1970 is section 40 which prohibits falsely giving the impression of having some official capacity to claim or enforce payment. However, to the uninformed, the statement you refer to is likely to imply that the Administration of Justice Act confers some kind of authority on them to enforce the payment claimed - which would be an offence under section 40.

I have recently received a

I have recently received a parking charge from UKPC for not displaying a ticket - despite the fact that the car park is free for two hours and I can prove that I was only in the car park for 20 minutes before I got a ticket.

I have already appealed online against the decision (incidentally after the parking attendant lied to me and told me that there was a "seven minute grace period after a ticket is issued" and it would be cleared), so they have my details.

I do not feel that it is fair that I pay the £15 charge, when they made no losses on me parking there. However, I don't know if I should appeal to the independent body, or just do nothing, as many posters seem to suggest?

You say you have appealed -

You say you have appealed - to whom?

If you mean you have written to the parking company that is not strictly an appeal.

The details of the appeal to the independent tribunal should be on the ticket and you should send it in.

Simply doing nothing is no longer a sensible option.

Profile: retired barrister legal adviser with MOJ.

As I have explained above,

As I have explained above, the PoFA only removes the 'defence' of "prove I was driving", and does not make these fake parking fines legally enforceable.

UKPC have previous for wrongly rejecting 'appeals' - they were convicted of a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008 in Hull Crown Court.

They currently use a standard rejection letter which does not specifically address the points raised in an appeal. They seem to be somewhat reluctant to provide the POPLA forms and code, even though that is a requirement of the BPA AOS CoP.

UKPC never take anyone to court, so ignoring is still an entirely sensible option, unless you want to create a paper trail to support a complaint to Trading Standards. If you can get a POPLA code and forms from them an appeal will cost them £27 and the oiutcome will be binding on them but not on you. So far, POPLA the so called independant appeals service have refused to rule against a PPC ticket on the grounds that the ticket has no legal basis, but as you can simply ignore the decision and UKPC will never take you to court, that is not a major problem.

I've been ignoring the paper

I've been ignoring the paper chain for a few months now, but recently I received a letter threatening to take me to court and getting a CCJ against me. Is it best to pay this now, or would I be going to court to defend this? Can they just take a CCJ out against me?

I've had several hundred

I've had several hundred letters threatening, or appearing to threaten to take me to court for UKPC fake parking fines. According to their lies I must owe them over £40,000 by now, but they don't want to actually take me to court.

To get a CCJ against you, they would have to take you to court (which they never do) and win. In the exceptionally unlikely event of them taking you to court, and the even more unlikelyu event of them winning, you would not have a CCJ recorded against you if you were to pay within a month.

The concept of "applying for a CCJ" is deliberately misleading. Even more so when they have absolutely no intention of ever taking any to court.

UKPC Parking Fine

I like many others on this site have been sent the same correspondence from UKPC.  I have now received one from a company called Debt Recovery Plus Ltd and the fee has now gone up to £160.  The address is not the same as UKPC which makes me wonder if this is legit and I should pay the fine.  I know some of the rules about private parking companies have changed recently but can they now chase the keeper for the money.

They have quoted the ukpga/2012/9/schedule/4/enacted legislation and say that they are members of the BPA and AOS.  If they cannot identify who the driver of the car is; as the keeper am I responsible for payment of the fine or should I just sit tight like the others and hope that this problem disappears.

Any helpful advice gratefully received.

 

Profile: Housewife

Firstly it is not a

Firstly it is not a fine.

Secondly in certain circumstances the registered keeper may be liable and companies who belongto the BPA can obtain their details via DVLA - as you have discovered.

Whether you pay or sit tight is a calculated risk.

Without taking you to court they cannot enforce payment. The risk is that you end up paying court costs on top.

I know there have been posts suggesting that they never take court action - but of course the people posting that are not going to have to pay the bill if they are wrong.

I do have a friend who made it clear that if they did take the matter to court he would challenge all the evidence regarding the signs and therefore effectively force them to call their witnesses.

So far he has not heard a response which might(?) indicate they do not think it a commercial decision to proceed.

Profile: retired barrister legal adviser with MOJ.

is that immoral?

if you look the way that UKPC make money, you may find that, they are not make money out of "parking fee" by providing parking services, but make money out of "charging people's mistakes". is that moral to do so?

the fact is that - hardly anyone parks for more than 2 hours, so it should follow the rule of "pay as you go", the charge should be depends on the the length of parking time. now I believe the attendants are simplly waiting there.

Profile: I have received ticket from UKPC twice.

ukpc disabled badge issue

We dislodged a disabled badge getting out the car at a retail park and received a ukpc penalty for non display.

Cut a long story short after 5 months of threats, POPLA appeal forms (not completed), debt collection letters and a £15 'fine' converted to £150 they backed down.

Basically the blue badge scheme does not apply to private car parks. All their quoting of the blue badge criteria for nothing!

As part of the Equality Act where public car parking is offered a 'Reasonable Adjustment' has to be made i.e. disabled parking spaces and the badge is helpful but not mandatory.  This does NOT mean people should abuse the concession and park when not disabled.  It does mean however if you are temporarily incapacitated but do not have a badge you can still use the concession space.

The Blue Badge scheme only applies to local authority car parks and on road parking.

It was really annoying that even having received a photocopy of the badge UKPC were determined to fine a genuine disabled person!  The POPLA appeal scheme actually costs parking firms money if you fill it out.  The result of the appeal is only applicable to the parking company and not actually to the appellant even if not upheld.

 

Parking scam

The parking ticket will have been issued to the guidelines of the British Parking association.

This does NOT mean that it is legally enforceable.

I have been trying to provoke UKPC into taking me to court without success. So don't worry about any letters.

They won't try to prosecute anyone because they know that they will lose the case and if the person who wins tells everyone then the company is virtually out of buisness overnight.

Profile: Electronic design Engineer

Hiya!  I received a smiliar

Hiya! 

I received a smiliar parking fine from UKPC for not displaying any tickets when the first 2 hours were free and I could prove that I was there for less than 20 minutes to ask around for directions. However, the only problem that I have is that the car that was fined was rented and does not belong to me. 

I have already sent an appeal to UKPC online and am unsure of the outcome of their decisions. please on whether I should continue to ignore or pay?  cheers!

Ignore!

Your appeal to UKPC will be in vain. They will inform you that you have breached the rules etc. etc., and offer you the appeal forms for POPLA. I wouldn't even bother appealing to them. Although they're 'independent', they are funded by the parking companies, and the rules are incredibly strict and focused on what you can appeal on.

As you've appealed to them directly, they now have your contact details for who to send letters to, so they don't need to do a registration search to see that the car was a hire car. This is good as they are sending the letters to you directly rather than to the hire car company, where that may cause more of an issue perhaps?

Anyway, just ignore their letters. And continue to ignore. I got six letters from "Debt Recovery Plus" and three from "Zenith Collections" (the same company basically). One letter would arrive, then another a few days later, then a couple of week gap and so on. They'll use big threats in bold text like "Notice of Litigation" and the classic red-headed letters, but it's all just to try and scare you enough to pay up.

The last letter I received arrived in early July and I haven't heard anything further and don't expect to.

This is generally well reported on consumer forums with people receiving a similar number of letters. These companies make enough from the people that pay up ad they know that they may very well lose a court case, so they won't take any further action. I have not heard of any consumers on any forum discussions that have been taken to court, and you would think that it would be quite well known or reported on some of the forums.

Thank you for your reply!

Thank you for your reply! this is what I save many people did as well which is to ignore but I do not know if it will really work. But I thought that it is a wee but unfair to pay for such a big amount when I only parked for ard 20mins? But I will heed our advice and ignore. Thank you!

UKPC Parking Charge

I was ticketed for parking in a disabled car park space at Braehead in Renfrew in April this year. It was my mistake. Car park was busy and parked in the last disabled place without noticing. I tried to pay the £40 fixed price fine within 14 days. each time I tried this through automated phone system, I was told the charge would be £80. I appealed the cost of the fine explaining Ii was being charged for paying outwith 14 day period even though I was within this period.

My appeal was rejected by standard letter stating as  I was parked in a disabled parking spot the fine is £80. This appeal judgement took no consideration on what my appeal grounds where.

I have now recieved a letter from Debt Recovery Plus Ltd looking for me to pay a charge of £140 now.

Where do I stand legally with this charge?

 

Ignore it. There is no

Ignore it. There is no legally recoverable debt. Tell them to boil their heads!

Firstly many people do not appear to be able to understand this very important point - IT IS NOT A FINE !!!

It is a charge levied by a private company.

Legally speaking it is based on alleged breach of contract.

The remedy for a breach of contract is to put the parties back in the same position as if a contract had not been broken.

In plain terms this means that if you avoided say a £1 charge you would have a potential legal liability of £1.

If the parking is free then the company cannot show any loss.

Hence the charge is a fiction almost amounting to fraud.

They will eventually give up and will do so quicker if you demonstrate you know they cannot enforce it.

 

Profile: retired barrister legal adviser with MOJ.

UKPC Parking Charge

thanks for your advice. Do you have an idea on what the next step that UKPC will undertake? What will their plan of attack be? Other than ignore the letters is there anything else I can do to bring this to a satisfactory conclusion?

 

 

Based on past experience they

Based on past experience they will continue to send letters gradually appearing more threatening - yet essentially hot air.

I would simply mark them return to sender.

It is basically a case of waiting until they get tired.

Do not  under any circumstances enter into debate with them.

I anyone phones put the phone down. If anyone visits tell them firmly to go - they have no legal rights.

Profile: retired barrister legal adviser with MOJ.

Parking fine in a courtesy car

Hi I got a parking ticket from ukpc when parked outside the of the bay at a free leisure park.  Ive heard these ticket are not enforcable and have read the comment above, if I had parked in my own car I would have ignored the ticket based on what ive read here.  But I parked in a courtesy car from a garage so the ticket will goto them, and i remember signing a slip of paper when picking up the car saying i would be liable for any parking fines (which i cant find now) so where do i stand on this will ukpc issue the ticket to the registered owner ( the garage) ? and would i have to pay the garage back for the fine? even though i dont think its a leagal ticket? Do I have to tell the garage i got a ticket?

I only have a short time before the ticket goes up so hope you can answer soon please

Read all

Please note I am not a legal professional and you should seek advice for your situation.

It is not a fine so if the

It is not a fine so if the agreement with the garage says you pay for fines you are not liable.

Almost always the best method of dealing with UKPA tickets is to ignore them.

Best tell the garage if you wish to maintain a good relationship and suggest they ignore it also.

Profile: retired barrister legal adviser with MOJ.

It is not a fine so if the

Thank you for the reply, do you think i should tell the garage not to pay it or just ignore it all together and dont tell them?

UKPC charge - again

I've been reading through these posts and have been reasurred to find that people have been experiencing similar problems with UKPC to what I have.

My situation is that I have recently moved house. The property that I have bought has a driveway and also a designated parking space in a bay adjacent to our block of houses.  The other 2 houses in our block also has a parking bay. Our bays are clearly marked with our house numbers.

There is a private block of flats next to our house and UKPC operate parking controls within it.

At the weekend I parked as normal in my space and quite unbelievably, I received a parking charge from them implying that my car was parked without displaying a valid permit.

I put this down to perhaps a new attendant confusing our bay with the flats. So I completed their online appeals form explaining that I own the freehold to the property and the parking bay comes with it. It's very cleary stated on the title deeds to our house.  I also said that I'd continue to use the bay as I own it.

Then, 4 days later, I find another charge attached to the windscreen of my car.

So today for the second time I completed their online appeals form explaining the situation.  I have now even attached a note to my car explaining they have no right to harass me like this.

I expect they'll ignore my appeals and just send a standard reply saying I still owe them money. From reading the above posts I'm not too concerned now, as know I'd win any court case and will not bow to their intimidating letters.

I've spoken to the previous home owner and some of the neighbours and they say this has never happened before.

I really want to catch the attendant in action as I have no doubt they'll be back. If I do, am I in the right to tell them they're trespassing on my property?

 

If you own the land then yes.

If you own the land then yes.

Profile: retired barrister legal adviser with MOJ.

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