Author Topic: UKPC  (Read 4874 times)

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Offline REYERS

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UKPC
« on: 15 September, 2014, 02:00:37 PM »

Just after some help received a parking ticket from UKPC in august for stopping on someone's private land they want £60 if I pay early of £100 if I wait should I pay the ticket??

Offline The Bald Eagle

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Re: UKPC
« Reply #1 on: 15 September, 2014, 02:15:55 PM »
Ewan is probably your man for this. He has some cast iron methods that will get you off if you take it to Popla.

You could always go down the BMPA route if you want to avoid the hassle. You pay them £16 and hand the ticket over and they make it go away, with no further input from you. They will pay your ticket if they lose at Popla, but as far as I'm aware they haven't lost one yet.

Here is a link

http://www.bmpa.eu/
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Offline Pat Pending

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Re: UKPC
« Reply #2 on: 15 September, 2014, 04:10:47 PM »
Hi REYERS, I take it I spoke to you earlier.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Pat Pending

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Re: UKPC
« Reply #3 on: 15 September, 2014, 04:14:59 PM »
For your info guys I think this is our old friend the Broadwalk Weasel  up to his tricks again!  <Tosser>

http://notomob.co.uk/discussions/index.php?topic=4356.0
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline REYERS

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Re: UKPC
« Reply #4 on: 15 September, 2014, 04:45:22 PM »
Hi yes it was me you spoke to earlier, what is the best thing for me to do please help!

Offline Ewan Hoosami

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Re: UKPC
« Reply #5 on: 15 September, 2014, 07:49:34 PM »
There is some excellent self help on the Prankster's blog,

http://www.parking-prankster.com/court-claim.html

Although his resources are focussed toward ParkingEye, the principals are the same for all private cowboy operators. This all can seem a bit daunting and we can help with the finer details of your appeal.

Your other option is to look at BE's link above which has all the information you should need to decide how to move forward. He mentioned a service that does it for you. You basically pay £16 and that's the end of it. They take full responsibility for the charge.

http://www.parkingticketappeals.org.uk

I myself have done four successful ones and am halfway through my fifth. The whole thing usually takes between two and three months. The above outfit has quashed literally thousands and take it off your hands from the outset.

The best thing to do? That's a matter for you to decide.


Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline Pat Pending

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Re: UKPC
« Reply #6 on: 15 September, 2014, 10:59:18 PM »
REYERS   has already communicated with the failed clampers and surprisingly (not)  had his representations dismissed.  Would this make a difference to BE's suggested route?  <_>
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Ewan Hoosami

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Re: UKPC
« Reply #7 on: 16 September, 2014, 09:20:10 AM »
Not a bit of it Pat. Parking Ticket Appeals will be happy to roll up the sPeCulative iNvoice, shove it up the parking weasel's ar :o e and ram it in with a jack-hammer at any stage of the process.

http://www.parkingticketappeals.org.uk/debt-collectors/

I suspect they might get some form of job satisfaction from this.

 <Yes!>

Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline Kill Switch

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Re: UKPC
« Reply #8 on: 16 September, 2014, 06:33:09 PM »
This wording was used by someone I know 4 months ago, they haven't heard anything since.

Dear (Parking Company),

PCN number ********
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,
Your Name (do not sign this letter)
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Offline dangerous beanz

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Re: UKPC
« Reply #9 on: 16 September, 2014, 11:38:23 PM »
This wording was used by someone I know 4 months ago, they haven't heard anything since.

Dear (Parking Company),

PCN number ********
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,
Your Name (do not sign this letter)


Brilliant.
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Offline The Bald Eagle

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Re: UKPC
« Reply #10 on: 17 September, 2014, 10:29:51 AM »
 <Yeahthat>
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