Search
  • Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

UK Parking Control Ltd v Peter88 (£1,270)

Collapse
Loading...
X
Collapse
  • Page of 3
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 3 Next
  • #1

    UK Parking Control Ltd v Peter88 (£1,270)

    Received a claim? - Yes
    Issue Date:     14 June 2017
    Amount approx:     £1,270
    Claimant:     UK Parking Control Ltd
    Solicitor:     ScS Law ( Legal Representative; Andrew Morgan)
    Original Creditor:     UK Parking Control Ltd
    Is the debt Statute Barred?     Not too sure what does this mean?
    List any letters you have sent:     None yet
    Particulars of Claim: I have uploaded

    Any Other Info:
    I'm a leaseholder of a flat, PoC no. 4.1, 4.5, 4.6 - the registered keeper were in my own parking bay but the location stated vehicle was parked in Exmore House Car Parks Norman Road Bevledere Kent DA17 6LD, which is wrong.

    The remaining PCNs, were on a road next to my residential apartments. There are some signage

    Next steps:
    1: ACKNOWLEDGE THE CLAIM - Done
    2: Send A CCA REQUEST to the CLAIMANT - Not Yet

    Q. In the template, on the subject heading - 'Re:− Account Number xxxxx', Where can i find mine?

    3: Send a CPR request to the CLAIMANT'S SOLICITORS - Not Yet

    Q2. Can you help me list what documents should i be requesting from looking at the PoC?


    ----
    I have ignored all their letters and have not been in touch with them at all

    Many thanks,
    Peter

    And thank God! for this website
    Attached Files
    Last edited by peter88; 21st June 2017, 20:45:PM.
    Tags: None
  • #2
    Re: UK Parking Control Ltd v Peter88 (£1,270)

    Hi Peter, welcome to LB.

    Statute barred is, in general terms for an alleged debt such as this, non payment (or no written acknowledgement) in a 6 year period (or 5 in Scotland), starting from the date which the creditor knew (or ought to have known) that it wasn't going to be paid. That's obviously a simplified explanation, but suffices to show why it would not be applicable in this case.

    The keys to these parking cases are the signage (as that is what the alleged contract, & subsequent alleged breach) is based on, the original Notices to Keeper, & in your case, what your lease says (or sometimes doesn't say) about parking rights.

    Could you post up pictures of the signage & sanitised NTKs (personal details removed, but leave dates visible) & carefully read your lease to let us know what it says.

    Btw, were there windscreen tickets issued, or was it ANPR? Or something else?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment

    • #3
      Re: UK Parking Control Ltd v Peter88 (£1,270)

      Thank you for the speedy resonse Charitynjw!

      Can you clarify what are 'sanitised Notice to Keepers'?

      I will get a photo of the signage and check my lease.

      And they were WINDSCREEN tickets.

      Many thanks
      P

      Comment

      • #4
        Re: UK Parking Control Ltd v Peter88 (£1,270)

        Sanitised is our way of saying that you should obscure your personal details (name, address etc.)
        But you do need to leave dates visible.
        We know for a fact that these parking companies scour the fora to hunt for people complaining about PCNs.
        In one court case they even brought in screenprints/transcripts of someone's forum posts as evidence.
        With that in mind, make sure you do not reveal the identity of the driver.
        Refer to 'the registered keeper', or 'the (anonymous) driver' as applicable, even if they are one & the same.
        & edit any previous posts to suit.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

        • #5
          Re: UK Parking Control Ltd v Peter88 (£1,270)

          Thank you, I now understand the term sanitised.

          I guess the 'notice to keepers (NTKs)' are these tickets or letters I've received ?
          If it's tickets I no longer have them. Just the latest letter and PoC.
          • 2 likes

          Comment

          • #6
            Re: UK Parking Control Ltd v Peter88 (£1,270)

            The windscreen tickets are referred to as 'Notice to Driver'
            The first postal communications are commonly referred to as 'Notices to Keeper' (NTK).
            If you still have those, post them up for comment, along with photos of signage.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment

            • #7
              Re: UK Parking Control Ltd v Peter88 (£1,270)

              Ok I've attached

              1. Photo of signage in my area
              2. NTK - ScS Letter
              3. NTK - ScS PoC

              is all I have for now. I still need to figure out where I can get a copy of my lease, which I don't seem to have.
              Attached Files

              Comment

              • #8
                Re: UK Parking Control Ltd v Peter88 (£1,270)

                Imho, forbidding signage.

                Read
                http://nebula.wsimg.com/b84a6ffd1e35...&alloworigin=1
                Particularly at 20
                Plenty of other case law on same.
                Although County Court judgments are not binding on other CCs, they are persuasive, & it will give you the gist of the judge's reasoning.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment

                • #9
                  Re: UK Parking Control Ltd v Peter88 (£1,270)

                  & I've just read the SCS letter.....is that the only one you had from anyone?
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment

                  • #10
                    Re: UK Parking Control Ltd v Peter88 (£1,270)

                    Yes for this case. that is the only letters I have.

                    I've just made a new thread post about a Gladstones Solicitor Letter ( Smart parking Ltd) I received but nothing relating to this UKPC matter.

                    Comment

                    • #11
                      Re: UK Parking Control Ltd v Peter88 (£1,270)

                      Clearly none of the PCNs can be pursued via Protection of Freedoms Act 2012, as you should have received NTKs within a window of 29 to 56 days after each event.
                      They can now only pursue the driver under common law contract breach, & to do that they have to prove who was driving at the time.
                      There is no presumption in law that the RK is the driver (hence the new law via PoFA.....which doesn't apply here ).
                      They might try to trot out Elliot v Loake or CPS v AJH Films.
                      I'll let Parking Prankster give you the low-down on that!
                      https://parking-prankster.blogspot.c...-c8dp5c7t.html
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment

                      • #12
                        Re: UK Parking Control Ltd v Peter88 (£1,270)

                        Thanks for your help so far!

                        Just to be clear, after each PCN received. I received a chain of letters reminders to pay and Debt collectors letter afterwards. ( but no longer have any of these) Are these what you call NTKs?

                        Comment

                        • #13
                          Re: UK Parking Control Ltd v Peter88 (£1,270)

                          Without seeing the letters (potential NTKs) I can't really comment on that.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment

                          • #14
                            Re: UK Parking Control Ltd v Peter88 (£1,270)

                            OK I've got a copy of my lease, which I have attached.
                            note on pages 27 38 I've highlighted areas that mention parking.

                            Can you please let me know your thoughts on this?

                            Once again I appreciate your time.
                            Kindest regards
                            Peter
                            Attached Files

                            Comment

                            • #15
                              Re: UK Parking Control Ltd v Peter88 (£1,270)

                              Another note, following up on my comment about NTKs.
                              This link below shows exactly the type of documents I received:
                              http://forums.pepipoo.com/index.php?showtopic=76335

                              Are these NTKs?

                              Comment

                              Previous 1 2 3 Next

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse
                              1 of 2 < >

                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                              2 of 2 < >

                              Support LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              Create a Thread
                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X