iainkb &seeking advice about a NTK parking charge letter received

[charitynjw]

Thank you Charitynjw, guess I will just wait it out & see if UKCPS decide to initiate court action. If they do I am given to understand that I must respond to any court papers or could be held liable by default? Maybe it won't come to that!

If a county court claim is issued, you must acknowledge it within 19 days of the issue date (14 days, + 5 allowed for deemed service.) or risk a default judgement/CCJ (& the attendant repercussions ie adverse credit rating etc.)

The 'how to' here

[iainkb]

Regarding this thread re. UKCPS & just for general interest perhaps?

UKCPS say the vehicle was in a disabled bay & not displaying a Blue Badge, hence the issue of a NTK & a PCN subsequently + several reminders & threats re. further action. The car park in question belongs to Lincolnshire Co-op & therefore private ownership.

I have just seen the following info. on archives on DirectGov website :- Off-street car parks

The Blue Badge Scheme does not apply to off-street car parks, for example supermarket car parks. However, off-street car parks may provide bays for Blue Badge holders. Please check with notices before parking.

Apart from local council car parks, most are likely to be privately owned and managed by the individual business.

In a local council car park, it is normally an offence to park in a disabled persons' parking bay without displaying a valid Blue Badge. Drivers who misuse such spaces may also have to pay a penalty charge.

There is a difference in privately owned car parks. Charges and conditions of use in off-street car parks are a contractual matter between the car park owner and the motorist. Enforcement of disabled persons' parking bays is therefore a matter for the individual owner or operator of the car park.

If a non-disabled motorist parks in a disabled space in a private car park they can be asked to leave. But it can't be legally insisted. For instance at a supermarket, an employee can ask the driver to move their car from the reserved space. But they can't legally insist on it.

[charitynjw]

But it must be remembered that a driver who parks in a site that has adequate compliant signage is deemed to have accepted the displayed terms of parking & has therefore entered into a valid contract.
Any breach of that contract is subsequently actionable, albeit challengeable in various ways.

[iainkb]

DRP are third party debt collectors & as such cannot enforce this. (See privity of contract )
If it were me I'd ignore them.

& anyway, as for hiking the sum allegedly owing, unless they are able to ID the driver....they can't demand more than the amount on the NtK.



https://www.legislation.gov.uk/ukpga...dule/4/enacted

Hi again.

The saga goes on - I ignored the letter from DRP received 29 May & saying I should pay UKCPS by 12 June or they would advise their client ( UKCPS) to take court action.

I have just received another DRP letter saying as I did not pay by 12 June they suggest I pay by 27 July if I want to avoid possible court action by UKCPS. They also quoted a Supreme Court ruling whereby they infer that by not paying, as the parking charge is lawful, UKCPS may use that ruling to support their case against me.

I shall ignore this letter & await & see if UKCPS issue any court papers as I believe that is the best way forward?

Seems this is going to be a situation to see who blinks first!

[charitynjw]

I would ignore DRP.
If the parking co decide to progress, they should send you a pre-action protocol pack (or at least, a letter before claim).

But, if it were me, I'd also be looking around on the internet, finding out as much info as possible & getting all my ducks in a row.

[iainkb]

I would ignore DRP.
If the parking co decide to progress, they should send you a pre-action protocol pack (or at least, a letter before claim).

But, if it were me, I'd also be looking around on the internet, finding out as much info as possible & getting all my ducks in a row.

Hello again - a further update:

Another letter from DRP saying as I have not paid by last deadline of 27 July they have recommended to UKCPS that they appoint solicitor to start court action.
However. as part of a pre-action protocol DRP say UKCPS has told them to inform me that if I pay a reduced of £144 by 06 August instead of the demanded £160 they will settle.
If I do not settle UKCPS will withdraw their offer & consider further action via a court judgement which could result in me paying their court costs & affect my credit rating, future creditworthiness & employability should enforcement proceedings take place which they win.
I guess I ignore DRP yet again & wait & see what UKCPS do?

[charitynjw]

Hello again - a further update:

Another letter from DRP saying as I have not paid by last deadline of 27 July they have recommended to UKCPS that they appoint solicitor to start court action.
However. as part of a pre-action protocol DRP say UKCPS has told them to inform me that if I pay a reduced of £144 by 06 August instead of the demanded £160 they will settle.
If I do not settle UKCPS will withdraw their offer & consider further action via a court judgement which could result in me paying their court costs & affect my credit rating, future creditworthiness & employability should enforcement proceedings take place which they win.
I guess I ignore DRP yet again & wait & see what UKCPS do?

If it were me I'd continue ignoring DRP.
As long as the driver cannot be ID'd, any enforcement action has to be via PoFA, holding the registered keeper liable.
& to do so, the parking co has to have issued a compliant NtK.....which, apparently, they haven't managed to do.

[iainkb]

If it were me I'd continue ignoring DRP.
As long as the driver cannot be ID'd, any enforcement action has to be via PoFA, holding the registered keeper liable.
& to do so, the parking co has to have issued a compliant NtK.....which, apparently, they haven't managed to do.

Hi again,

Another update re. this matter - I ignored the last letter from DRP saying I should pay by 06 August. I have just now received a letter from a different agency ( or so I thought), Zenith Collections, saying that as I have not paid the £160 charge they have now been appointed to collect the amount on behalf of UKCPS. I have until 23 August to pay in full or their client will consider taking legal action to recover the amount & that this could lead to me having to pay court fees & solicitors costs as well as the charge - pretty much the same content as the last 3 letters from DRP.

Interestingly I noticed in the small print of Zenith's letter that they are in fact a trading name of DRP who sent the previous 3 letters - this seems like a sneaky tactic to make one think that a new company is involved!

I guess I will continue to ignore such letters & continue to wait & see if UKCPS do in fact initiate court action.

Will it ever end one wonders?

[iainkb]

Yet another update - I had not expected all this to go on for so long!

Another letter from Zenith / DRP saying that this letter is a final warning re legal action against me for unpaid parking charge of £160.

They say I can still settle out of court by arranging to make payment in lump sum or by instalments & have until 10 Sept or their client ( UKCPS) will consider talking to their solicitor to discus stating legal proceedings.+ more warnings that they could also ask for legal fees & costs incurred to be paid by me & that a judgement could affect my credit rating & that a bailiff may be appointed to collect payment.

Lovely bunch of b*****ds are they not!

[iainkb]

Hello Charitynjw / Ostell,

Just a quick note as you earlier requested I keep this issue updated - been a month since UKCPS / Zenith / DRP have sent any communication regarding an implied threat to take me to court so maybe, with any luck, they have had advice from their legal people that their original NTK letter is indeed flawed so will not pursue this - fingers crossed. ( Charitynjw seems to have been very quiet recently - trust all is well)?

[iainkb]

So just wait some more

Hello,

Regarding my issue with UKCPS I followed advice from yourself & Charitynjw & have heard nothing further from UKCPS for the last 3 months so am assuming they now realise their original NTK was faulty / incorrect & therefore cannot proceed with threatened court action. That being so I just want to say ' thank you' for your assistance. Most input came from Charitynjw but as Charity seems to not be active recently I use your avatar Ostell to express my appreciation.