UK Parking Control & SCS Law - Citigait- Portsmouth

[Art74]

Hi LB Members.

Appears I'm in urgent need of reliable Advice & Assistance.....

This is a first time post for me, so it's not particularly pleasant, when you don't feel you're in the wrong and been victimised by the commercial tactics of UKPC.

I am the owner and keeper of the vehicle that SCS Law has written to.

I've received a 'claim form' from Northampton County Court Business Centre over unpaid parking notices, they say 'the driver' has failed to pay. UKPC's debt recovery agent has then written to the owner and keeper of the vehicle requesting payment of £60 per parking charge notice. They are not seeking interest on those sums.

They say they are entitled to those sums under contract law and when the vehicle was parked at that site the driver of the vehicle breached the terms and conditions for each contravention, which were.

1- several tickets for : 'parking in a designated permit holder parking space without clearly displaying a valid permit'.

2- Several tickets for : 'parking for longer than the allowed time,as per the signage'. (likely that a parking permit was on display on these however another opportunity to try and build up revenue by UKPC ).


The communications from them have been ignored ,which appears to be the advice and response from everyone I've asked, in the hope they would go away, as these notices are over 4 and half years old. Now a Claim form arrived From Northampton Court Business Center, which appears to have changes matters some what.

Their first stated claim dates revert back to April 2014.

They say each charge is now at £150.

UKPC/SCS Law say they have a precedent and refer to Supreme Court decision in Parking Eye v Beavis 2015 UKSC67.

This refers to the terms in the Consumer Contract Regulations 1999 provided they protect a legitimate interest.

I would really appreciate some advice as to what to do here, as after reading through the forums of what to do, this is pretty scary for a non legal minded first timer, however it appears that their signage does not constitute as contractual agreement, as UKPC do not have written contract in place between myself, or the owner of the car park.

UKPC/SCS Law have simply written to the owner of the vehicle with a list of demands of payment under 'contract law'.

Your help and comments would be greatly received.

Best

Art74

[ostell]

As you have found out ignore has not been the advice since 2012 with the introduction of Schedule 4 of The Protection of Freedoms Act 2012

I don't suppose you still have the original PCNs that the keeper received? If not write to SCS Law (if they are the solicitors named in the claim) and request that they provide all the documents that they will be using in this matter in order to narrow the differences between the parties, as the courts expect them to do. As they must have the documents to hand in order to perform due diligence before making the claim you expect the documents within 7 days.

Also do an a request to UKPC for all the documents that they hold on you. There is a template on the forum(For the life of me I've forgotten the name of the request!) They have 30 days to provide them but that is not a problem as any court appearance will be a long time off.

The signage itself can form the contract. Get some pictures of the signs.

Is this a residential matter? I presume so. Get out the lease and see what is says about parking. It will probably not mention having to display a permit nor paying a third party stranger to the lease if you don't. Have you got an allocated space? Have a read of this article.

A little bit of background would be helpful.

[Art74]

Dear Ostell.

thankyou very much for your speedy contribution to my situation.

I’ve had a quick scan of the links you sent and will go deeper tomorrow, as it’s Saturday night....

I can confirm that the car park it is a large entry gated residential car park, with many spaces.

divided between allocated and disabled spaces, with no provision for any visitor bays.

Enjoy your Saturday.

Best Wishes.

Art

[ostell]

If your lease gives you the right to park in your own space AND the space is demised to you then the parking company are trespassing and it could be said they are running a business on your space without your permission. So you counterclaim against them for £100 per day. Someone in the same position has counterclaimed against VCS for more than £6000. VCS are in panic, case is ongoing

[Art74]

Hi Ostell.

the residents car park is surrounded by residential flats.

There is a large metal gate which is the only point of access and exit.

i wasn’t the leaseholder. The leaseholder was my girlfriend,

So no contract/lease between myself and the landlord/management company.

I imagine, i’d be classed as a visitor,when the visitor pass was presented in the window, or trespasser if the ticket had simply been forgotten to be displayed, or blown off the car dash when closing the door.

The vehicle was sometimes used by Myself, Just her, or the both of us at the same time.

Her allocated car parking space was taken with her car, which spent a lot of time not moving, due to breakdowns needing to be carried out, so mine was used and parked in another bay.

Either her friends space who owned a flat there, or someone she knew wasn’t using theirs, as she’d been there since the building was built in 2009 so knows most of the long term residents.

I’ll try to post some photo’s of the entry and the car park inside.


Best

Art74

[Art74]

[ostell]

So a letter from the friend whose space you had used saying that you were parked there with their permission. What does your girlfriends lease say about visitor parking?

[Art74]

Hi Ostell.
I’ve some copies of the pages of the lease regarding the car parking situation for visitors.
Also GF/resident completed on the property in Aug 2009.
UKPC are believed to have come into play once the current management company had taken over from the original one around 2013 sometime.
so I don’t believe GF/resident has had any consideration, as she was a resident circa 4 years before UKPC came into play.
She parted with monies to purchase the property under the advice of a solicitor in 2009, under the terms and guidelines of the lease.
From what I’m reading there is a restriction to park then more then 24 hours in 48 hours.
but there is no where which says, you will be fined ££££ for doing so......
not sure it’s wise to post the lease particulars on here, but would very much appreciate your help and view/ things to look for.

best

Art74

[ostell]

Yes post up the lease, it's publicly available anyway from the land registry (for a small fee).

Is that 24 in 48 a restriction for visitors? If you are using other peoples spaces, with their consent, then it should be OK.

[Art74]

What’s your thoughts on the point that there is no provision in the lease to fine/penalise the owner ?

If there is no point in the lease to specifiaccaly express to the purchaser/resident that the resident will be charged a fee if they overstay the 24 hour point in 48 and doesn’t specify any amount of fee, how can they issue a fee ? or employ the services of a third party to do so ?

To start trying to ticket/fine residents/ visits 3.5 years after completion when it’s not written in the lease doesn’t sound right.

Also the car park is residential only, as per the planning consent, so inviting a visitor to stay/make some sort of commercial arrangement then be charged after a period of time would make this some sort of commercial arrangement and a business activity ?

Is that sound like it would allowable infer under the terms of the planning permision ?

Regards

Art74

[Art74]

Hi Ostell.

Have a copy of the lease now.

Needs sanitising and it’s also rather a large document.