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I've just received another parking charge from UKCPS for parking in my own space.
Mikeg123
post Thu, 12 Nov 2020 - 17:50
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I received a fine in April 2018 for parking in my own space "without a valid permit" despite there being one in the windscreen. Thanks to this forum it got thrown out of court.

Two years later I've received another fine, for the same reason and again my permit is in the windscreen and always has been.

I remember the last time I was told I made a mistake for appealing the decision so please can you guide me in the best possible steps moving forward?

I have taken this very personally, as like everyone else we are going through such stressful times atm (my partner is a nurse so my anxiety is x100000 atm) and this is just taking the p××s.

Any help or advice would be greatly appreciated.
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post Thu, 12 Nov 2020 - 17:50
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ostell
post Thu, 12 Nov 2020 - 18:02
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A letter to them pointing that they lost in court previously under the same circumstances and why are they continuing to harass you in defiance of the court ruling.

Of course giving them full details of the case

This post has been edited by ostell: Thu, 12 Nov 2020 - 18:04
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The Rookie
post Thu, 12 Nov 2020 - 18:15
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Plus a complaint to whoever contracted them for the harassment.


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Mikeg123
post Thu, 12 Nov 2020 - 19:14
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OK thanks. Should I do this via letter or email? Should I appeal?
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Jlc
post Thu, 12 Nov 2020 - 19:30
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On what basis was your previous claim dismissed?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Thu, 12 Nov 2020 - 19:32
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Letter first class post with free certificate of posting from a post office

See what they come back with what they say. Why should you appeal something that shouldn't have happened
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Mikeg123
post Thu, 12 Nov 2020 - 19:37
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QUOTE (Jlc @ Thu, 12 Nov 2020 - 19:30) *
On what basis was your previous claim dismissed?


I sent a photocopy to UKCPS of my landlords lease which says the lessee agrees to exclusive use of the parking (if any) for the purpose of parking a private motor vehicle not exceeding three tonnes gross laden weight and not exceeding 2.2. metres in height together with a right to pass and repass with vehicles over all accessways for the purposes of gaining access from the parking space. There are no terms within the lease requiring lessees to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same.

I received a reply from UKCPS a couple of days later which said as a 'gesture' they have discontinued this claim.
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ostell
post Thu, 12 Nov 2020 - 19:40
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So was there or was there not an actual county court claim?
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Mikeg123
post Thu, 12 Nov 2020 - 19:47
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QUOTE (ostell @ Thu, 12 Nov 2020 - 19:40) *
So was there or was there not an actual county court claim?


Yes there was
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Jlc
post Thu, 12 Nov 2020 - 20:06
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Ok, so they decided to discontinue.

It would have been much better if a judgment agreed they had no authority...

They could continue to court - but it seems you have a good argument for primacy.

This post has been edited by Jlc: Thu, 12 Nov 2020 - 20:23


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Mikeg123
post Thu, 12 Nov 2020 - 20:15
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OK thanks for your insight. What should my next steps be?
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Jlc
post Thu, 12 Nov 2020 - 20:26
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On the offensive only.

Supply them the lease extract again and note your permit was correctly displayed as a matter of convenience rather than requirement.

Should they fail to cancel the charge immediately then you'll consider your options including an injunction.

I wonder what photos they have...? (Could submit a SAR for these)


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Mikeg123
post Thu, 12 Nov 2020 - 20:35
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QUOTE (Jlc @ Thu, 12 Nov 2020 - 20:26) *
On the offensive only.

Supply them the lease extract again and note your permit was correctly displayed as a matter of convenience rather than requirement.

Should they fail to cancel the charge immediately then you'll consider your options including an injunction.

I wonder what photos they have...? (Could submit a SAR for these)


The last time, I requested the photos, I saw that they had taken them from most angles but because of the way my permit was placed in the bottom corner of my windscreen it was very difficult to see in the photographs.
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Jlc
post Thu, 12 Nov 2020 - 20:41
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QUOTE (Mikeg123 @ Thu, 12 Nov 2020 - 20:35) *
The last time, I requested the photos, I saw that they had taken them from most angles but because of the way my permit was placed in the bottom corner of my windscreen it was very difficult to see in the photographs.

Yeah, I know how they operate wink.gif


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Thu, 12 Nov 2020 - 20:56
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But still mention the case number
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Mikeg123
post Sat, 14 Nov 2020 - 11:41
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Hi all,

I sent the letter detailing all of the information you suggested to include, however I've just woken up to another PCN from the same company for parking in the same allocated spot.

How do I go about sorting this out now? Do I send another letter or wait for them to reply to my first?

I'm seething so any insight or advice would be greatly appreciated

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Jlc
post Sat, 14 Nov 2020 - 11:49
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QUOTE (Jlc @ Thu, 12 Nov 2020 - 20:26) *
...then you'll consider your options including an injunction.

Sounds like they're pushing their luck.

It's definitely a 'valid' permit? No expiry date? Location correct? They haven't invalidated them all and sent new ones?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Umkomaas
post Sat, 14 Nov 2020 - 12:03
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Send them a copy of this and warn them that this will be your next move unless they confirm that this is the end of their harassment.

https://www.consumeractiongroup.co.uk/topic...espass-success/
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Mikeg123
post Sat, 14 Nov 2020 - 13:33
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QUOTE (Jlc @ Sat, 14 Nov 2020 - 11:49) *
QUOTE (Jlc @ Thu, 12 Nov 2020 - 20:26) *
...then you'll consider your options including an injunction.

Sounds like they're pushing their luck.

It's definitely a 'valid' permit? No expiry date? Location correct? They haven't invalidated them all and sent new ones?


Yes it's definitely valid. My circumstances have not changed, my parking space is still the same.
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Jlc
post Sat, 14 Nov 2020 - 13:35
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I guess you are going to get more and more tickets as the operative thinks they've found a gold mine.

I'd leave them a note warning them of the trespass.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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