I'm getting myself organised against the car park companies such as UKPC, Town and Country etc.
I would like opinions on the legal status of these companies to pursue for the payment of an alleged parking infringement; Better known as a speculative invoice.
The issue of an invoice cannot be justified given the ruling shown in blue below so what we have here is a company making illegal threats for the collection of a debt.
Such companies are not entitled to charge for use of a car park anyway (I quote from another forum here and use the words of a member called Broadsword)
The Upper Tier Tax Tribunal case of VCS v HMRC, in which the ruling was that Private Parking Companies cannot lawfully make an offer of parking, or levy charges, unless they have a proprietary interest in the land. This is binding on lower courts, including the Small Claims Court, and has been ratified by an internal memo from the Ministry of Justice to all Courts in England & Wales. The records show that UKPC have no proprietary interest in Wycombe Retail Park, therefore rendering your notices and charges unlawful and unenforceable.
It's my contention that since no offer of parking can be made by them, and they aren't allowed to levy charges, which in itself is mind blowing, they are acting solely as debt collectors. Even if they aren't and since they have been found out by the above ruling, they are still making illegal payment demands under the Consumer Credit Act.
Firstly they aren't justified in demanding payment as found from the above ruling, and secondly since they only send a demand to a registered keeper they are breaking the law again as the CCA only allows a demand to be sent to the actual person identified as being responsible, ie the driver whose details they rarely have.
It's this activity that I'm needing opinion on.
If they are able to be identified as debt collectors I can pretty much guarantee they don't have a Consumer Credit License for Debt Collection. In that case they are committing a criminal offence.
This is a simple point but one I would like to pursue to the OFT if my suspicions are well founded.
I would like opinions on the legal status of these companies to pursue for the payment of an alleged parking infringement; Better known as a speculative invoice.
The issue of an invoice cannot be justified given the ruling shown in blue below so what we have here is a company making illegal threats for the collection of a debt.
Such companies are not entitled to charge for use of a car park anyway (I quote from another forum here and use the words of a member called Broadsword)
The Upper Tier Tax Tribunal case of VCS v HMRC, in which the ruling was that Private Parking Companies cannot lawfully make an offer of parking, or levy charges, unless they have a proprietary interest in the land. This is binding on lower courts, including the Small Claims Court, and has been ratified by an internal memo from the Ministry of Justice to all Courts in England & Wales. The records show that UKPC have no proprietary interest in Wycombe Retail Park, therefore rendering your notices and charges unlawful and unenforceable.
It's my contention that since no offer of parking can be made by them, and they aren't allowed to levy charges, which in itself is mind blowing, they are acting solely as debt collectors. Even if they aren't and since they have been found out by the above ruling, they are still making illegal payment demands under the Consumer Credit Act.
Firstly they aren't justified in demanding payment as found from the above ruling, and secondly since they only send a demand to a registered keeper they are breaking the law again as the CCA only allows a demand to be sent to the actual person identified as being responsible, ie the driver whose details they rarely have.
It's this activity that I'm needing opinion on.
If they are able to be identified as debt collectors I can pretty much guarantee they don't have a Consumer Credit License for Debt Collection. In that case they are committing a criminal offence.
This is a simple point but one I would like to pursue to the OFT if my suspicions are well founded.
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