UK parking control illegal charge?

[yasdee1]

Please can someone help me?*

i have received a county claim form submitted by UKPC Ltd against myself for unpaid parking charge notices for breach of terms and conditions when parking in middlebrook retail park in Horwich, Bolton, relating to a few years ago.*

I have also received the detailed particulars stating that i have parked*Outisde of the designated parking spaces and obstructing a roadway*on four seperate occasions.*

I have read similar threads relating to parking charge notices relating to UKPC and other similar organisations but nothing about having*obstructing a roadway*in particular.*

i understand that they might be saying i parked outside of the designated parking spaces which i still think is really unfair as Middlebrook Retail park has a very large car park, and it is not clearly stated anywhere at all where you can and cannot park?*

However what i really cannot understand is what they mean by having also obstructed a roadway ??*

I am sorry if anything similar to this has already been posted which i have not come across and would really appreciate any help from all you lovely people.*

Thank you.

[des8]

Re: UK parking control illegal charge?

I think it would be helpful if you could post up a scan of what you have received, and in the meantime acknowledge the claim form and indicate you will be defending in full.
Tagging [MENTION=5553]charitynjw[/MENTION]

[charitynjw]

Re: UK parking control illegal charge?

As [MENTION=39710]des8[/MENTION] has stated, you should acknowledge the court claim within 19 days of issue (if via MCOL).
Defend in full, but don't put any dialogue in the 'defence' box.

How long ago is "a few years ago"?

[yasdee1]

Re: UK parking control illegal charge?

Thanks guys for your replies. I thought I had already posted this but doesn't look as thought it went up?

anyway, I have looked at the particulars of the claim and have found some interesting information:

1) they have stated my vehicle was parked at 37 The Linkway Horwich Bolton BL6 6JA

2) I was apparently not in a designated bay and obstructing a roadway

However, point 1 is completely incorrect as my vehicle was never ever parked at this location, 37 the linkway, is actually the entire area of the retail park according to maps online, and my vehicle was definitely parked outside of this area.

also, the rules around not being parked in a designated bay and obstructing a roadway should not apply, this is because I have been down to the retail park and none of the signposts state this within their rules of parking ? I have taken pictures of the various signposts they have dotted around as evidence.

I have scanned all the pages of the particulars of claim and also uploaded images from my camera phone to the computer and now trying to upload to this thread,

please can you help in writing a defence based on these points as I feel as though I have some very strong points, surely if they have got the wrong location then they should not be able to pursue me for this claim ??

Please help further

thank you

[des8]

Re: UK parking control illegal charge?

1)You have left your registration number visible on the POC. Suggest you delete it.
2) have you admitted to being the driver as they claim?

[charitynjw]

Re: UK parking control illegal charge?

Do they have photo evidence of your vehicle parked outside of the marked bays & in the disabled area without a relevant badge?

[yasdee1]

Re: UK parking control illegal charge?

thanks for replies,, hmm didnt notice my reg number being there, thank you des8,,

and no i have not admitted to anything, just that i will be defending in full the claim?

and charitynjw, i have not got any photo evidence showing the way i was parked and/or in the disabled area without a badge, as you can see from what is written in the particulars of the claim, they are suggesting i was parked at 37 the linkway which is across the road from where i was actually parked. this is because 37 the linkway relates to the middlebrook retail park area ONLY and the claim they are making i do not think is relevant because either :

a) my vehicle was never parked around 37 the linkway
b) the signs are not valid as they do not suggest anything about not parking in a designated bay or blocking a roadway..

However, i now know the area within which my vehicle was ticketed and like i said already this is not included within 37 the linkway, this area has similar signs that do state 'being in a designated bay only' and 'obstructing a roadway'

So in my view i think what has happened is that they have ticketed me in an area close to 37 the linkway, which i think is aspinall way, or even futura park, and then they have used those rules, according to the signs in that area, but have put the wrong address down ?

i need to get a defence together to send to scs, pls can you guys help in putting something together? and i can also ask for photographic evidence etc

thank you so much

[yasdee1]

Re: UK parking control illegal charge?

no they have not shown any evidence to say the vehicle was parked in 37 the linkway, outside of the marked bays and/or in disabled area without a relevant badge,

the designated bays are rules that are displayed on similar signs nearby, for example in the futura park area where parking is for business employees only, and of course each business gets given so many spaces for their workers, and then employees are given permits to display in their windscreen, and the rule is have to park withing an employers numbered spaces only.
of course they check where you are parked against the permit in your windscreen.

[charitynjw]

Re: UK parking control illegal charge?

Hi

Just looking at your posts now.

It would be an idea for you to edit them so that the driver is not ID'd, not even by implication.

[ostell]

Re: UK parking control illegal charge?

The sign shown merely says "may result in..." so nothing definite.

There is no condition of obstructing a roadway.

Was the the driver, as the POC states, actually admitted and identified? Yes or No only.

Where do the amounts of £130 come from?

Have you got a copy of the original Notice to Keepers?

[charitynjw]

Re: UK parking control illegal charge?

Another thing.

Did you take the photo of the site sign recently?
It looks too nice & shiny new for a sign (& therefore the alleged 'contract') from 2+ years ago.

[yasdee1]

Re: UK parking control illegal charge?

The sign shown merely says "may result in..." so nothing definite.

There is no condition of obstructing a roadway.

Was the the driver, as the POC states, actually admitted and identified? Yes or No only.

Where do the amounts of £130 come from?

Have you got a copy of the original Notice to Keepers?

no, driver was not identified.

and no I do not have the original notice to keepers.

Thank you

[yasdee1]

Re: UK parking control illegal charge?

Yes it was tajen recently.

- - - Updated - - -

Yes taken recently

[charitynjw]

Re: UK parking control illegal charge?

and i can also ask for photographic evidence etc

Yes.
Do so straight away.
BPA Code of Practice

22.3 If the motorist asks for it, you should make available anyphotographic evidence you have.

[yasdee1]

Re: UK parking control illegal charge?

Yes.
Do so straight away.
BPA Code of Practice

Can you help at all putting some sort of letter together to request this sort of info? I have no experience at all.

Also should I only send it to the person named in letter acting on behalf of scs law?

Thank you.