PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

394 Pages V   1 2 3 > » 

ManxRed
Posted on: Tue, 2 Jan 2024 - 15:01


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


Have you ever received a ticket from G24 in the distant past?

Or maybe another private parking company?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1803184 · Replies: 12 · Views: 792

ManxRed
Posted on: Tue, 7 Nov 2023 - 11:11


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


If you know who the landlord is then maybe a direct politely-worded note drawing their attention to the 'the driver had a permit, but they still deviously targeted them for money' angle wouldn't go amiss, even if you are going to pay the £40.

The people who hire these parasites need to know what they are getting into, and maybe a bit more due diligence will be applied when they inevitably try to replace UKPC at the next contract anniversary, even though - to be fair - most of these parking companies are as bad as each other.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1797763 · Replies: 12 · Views: 350

ManxRed
Posted on: Tue, 7 Nov 2023 - 10:07


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


Is it possible to find out who contracted UKPC for that site? Does your client own the site and was it them, or is it leased from and managed by a property management company for example?

Putting pressure on the company who hired them is often a good tactic. They are effectively the principal in a principal/agent relationship and ought to be able to exert pressure on UKPC. Their contract with them might (if they had carried out proper due diligence before signing it) allow them to over-rule UKPC on tickets issued.

Don't name the driver. Check UKPC paperwork and timings of tickets/paperwork to see if they comply with Schedule 4 of the Protection of Freedoms Act. If they don't then they cannot hold the Keeper liable and can only pursue the driver, and you are not legally obliged to tell them who that was.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1797751 · Replies: 12 · Views: 350

ManxRed
Posted on: Mon, 10 Jul 2023 - 12:38


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


He should be fined another £1,000 just for possession of an offensive haircut.
  Forum: News / Press Articles · Post Preview: #1786197 · Replies: 4 · Views: 888

ManxRed
Posted on: Mon, 19 Jun 2023 - 09:12


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


QUOTE (Mortimer @ Mon, 19 Jun 2023 - 09:28) *
The new forum can no longer be viewed from my work machines, since the site was mapped to ftla.uk.
I get a banner saying the website is suspicious and blocked. It was OK when it was ftla.creataforum.com.
So when this site finally dissappears, I shall not be able to browse the forums during my lunch breaks any more.


Exactly the same for me too.
  Forum: The Flame Pit · Post Preview: #1783636 · Replies: 158 · Views: 24,517

ManxRed
Posted on: Thu, 25 May 2023 - 13:23


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


Well done! Perhaps the experts on here can advise better, but would Res Judicata not apply here?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1780438 · Replies: 89 · Views: 12,416

ManxRed
Posted on: Mon, 15 May 2023 - 10:41


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


Did he interrupt the magistrates at any point and shout the line 'JUDGE NOT!! LEST YE BE JUDGED!!'
  Forum: News / Press Articles · Post Preview: #1778839 · Replies: 11 · Views: 903

ManxRed
Posted on: Fri, 3 Mar 2023 - 13:40


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


OK, it's not a fine. Its a civil charge for an alleged contract breach.

Why we need to see the paperwork and fines:

- There are many potential contraventions: didn't pay, overstayed, parked across two bays, parked on yellow lines, parked in a disabled bay etc., that's why it would help for us to understand what you're supposed to have done wrong. At the moment, you believe its for not paying, but is that the case?

Bransby Wilson Parking Solutions Ltd, and Minster Baywatch Ltd are two separate companies. The driver entered into a contract with whichever company is listed on the signs on site, and the company that instigates the claim ought to be the same company. If it isn't then the company bringing the claim is a stranger to the contract and would find it somewhat challenging to bring a claim against you.

This is why we need to see some more details of the incident.

EDIT: £180 solicitors fees????? Good luck with that!! Challenge that as well.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1767185 · Replies: 12 · Views: 517

ManxRed
Posted on: Fri, 3 Mar 2023 - 13:09


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


Can we see:

- The full Notice to Keeper (front and back)
- The particulars of claim
- Your defence (exact wording)
- Any pictures of the signs located at the car park

The Debt Recovery charge should be argued against for starters. How on earth have they managed to get it up to £370?? Do you have the breakdown of that?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1767178 · Replies: 12 · Views: 517

ManxRed
Posted on: Fri, 17 Feb 2023 - 13:56


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


What does your lease say about parking, and is there a dedicated space which is part of the property, or is the parking communal?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1764841 · Replies: 45 · Views: 3,135

ManxRed
Posted on: Tue, 20 Dec 2022 - 10:44


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


NEVER EVER phone a parking company.

Everything in writing, only.

Trust us.

Their legal case seems, on the face of it, quite weak. Although Small Claims can be a bit of a lottery, there are plenty of previous cases where primacy of contract (your lease) can be used to discount completely the terms and conditions on a sign. The sign is offering you absolutely nothing that your lease doesn't already give you, so no contract can be formed (a contract - their sign - is usually defined as containing offer, acceptance, consideration. This doesn't contain any offer, so fails on that count).

No contract = no breach = no money owed.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1753728 · Replies: 14 · Views: 682

ManxRed
Posted on: Tue, 20 Dec 2022 - 09:44


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


Looking at their website it doesn't tell you where to send Data Protection queries. Naughty naughty.

Therefore I would post a letter addressed to the Data Protection Officer, UKCPM, 49 Station Road, Polegate, BN26 6EA, and include copies of your ID, and make it clear that it is a Subject Access Request and you want copies of everything pertaining to you and your vehicle. Send it in person from a Post Office, first class, and ask the Post Office person for a free proof of posting. At the same time, scan the letter and the ID docs and send an email to info@uk-cpm.com stating that this is a copy of a letter you have posted to them and it is a Subject Access Request.

I assume from the excerpt from your lease that it stays silent on the need to display a permit, and the fact that you are bound to pay an unrelated third party £100 should you fail to do so. Your lease should take primacy over that sign, but the tricky bit might be that it only grants you the right to park in an available communal space; were you parked in one of these when loading and unloading or were you parked elsewhere?

Might be worth writing to the Management Company to let them know that you have received a letter from their agent threatening legal action, and reminding them that, in law, they are vicariously liable for the actions of their agent, UKCPM. Might be worth asking for a redacted copy of their contract with UKCPM, although expect them to reject this request. Worth a cheeky try though.

Others more knowledgeable than I will be along soon, but get the Subject Access Request off pronto.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1753718 · Replies: 14 · Views: 682

ManxRed
Posted on: Mon, 19 Dec 2022 - 19:12


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


There's a lot to unpack here.

1. Is this a property you are renting from a Landlord, or have you purchased the property?
2. The answer to the above might point you towards your lease (if you own), or your Tenancy Agreement, and possibly your Landlord's lease, to discover what terms are in there regarding your rights to park.
3. Do you have a dedicated bay and how is this documented? Or is it simply a number of bays on a first come, first served basis?
4. I call BS on their statement about not having copies of the original paperwork. Look up the details on their website of their Data Protection Officer and how to contact them. Then send a Subject Access Request (plenty of examples knocking about online, but include a scan of a couple of bits of ID - e.g. Council Tax bill, utility bill, etc.) and ask them for copies of all correspondence and paperwork relating to you.
5. How did you challenge the subsequent ticket and on what grounds was it cancelled?
6. Have you told the Management Company about this new Letter Before Claim yet? They need to understand that - assuming it was they who hired UKCPM - they are legally liable for the actions of their agent and you would like them to call off the hounds, before they themselves get embroiled in this.
7. Are the two tickets for the same day? Can you post up a pic of the signage? Depending on how this pans out that signage could well turn out to be irrelevant to this if your or your Landlord's lease contains certain terms about parking (it would trump the signs), but let's see what we're dealing with here.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1753636 · Replies: 14 · Views: 682

ManxRed
Posted on: Wed, 9 Nov 2022 - 12:04


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


Was this a Council Car Park or one managed by a Private Company? If the latter, which company? What did the signs say about parking? Is it managed by ANPR cameras or wardens?

Too many unknowns here to even begin to provide good advice.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1745879 · Replies: 4 · Views: 247

ManxRed
Posted on: Wed, 9 Nov 2022 - 10:34


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


QUOTE (The Rookie @ Tue, 25 Oct 2022 - 11:18) *
I predict a driving while disqualified coming within 2 years….. weeks....


Fixed that for you. I doubt a disqualification is going to bother him that much!
  Forum: News / Press Articles · Post Preview: #1745864 · Replies: 12 · Views: 1,638

ManxRed
Posted on: Mon, 12 Sep 2022 - 17:09


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


The charge they are asking for is not a 'penalty' or a 'fine', it's an invoice for a sum of money they believe you owe them because you breached the terms of a contract.

Usually, in these cases, the 'contract' is the sign, which usually contains language to the effect of 'you can park here if you like, but ONLY if you follow these terms, yada yada yada, if you don't follow these terms then you owe us £100.

In this case, there is no contract because they've not even said 'you can park here, but...' They've said you can't park at all.

No contract = no breach = no sum of money owed.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1735296 · Replies: 15 · Views: 1,053

ManxRed
Posted on: Thu, 8 Sep 2022 - 08:37


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


QUOTE (MrsMRB @ Wed, 7 Sep 2022 - 17:53) *
This was not the case and I can say that I only saw one high sign immediately upon approaching the drop off area and not even leaving it.


Yet you also insist you were not the driver on this occasion!

Just saying.... wink.gif
  Forum: Completed Case Summaries · Post Preview: #1734507 · Replies: 3 · Views: 5,705

ManxRed
Posted on: Wed, 24 Aug 2022 - 09:24


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


QUOTE (Nosy Parker @ Wed, 24 Aug 2022 - 00:33) *
Oh dear, as I have to explain my little joke, it proves it wasn’t a very good one.


I got it. laugh.gif
  Forum: The Flame Pit · Post Preview: #1731737 · Replies: 11 · Views: 776

ManxRed
Posted on: Thu, 18 Aug 2022 - 10:49


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


Tell them to Google 'vicarious liability'.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1730463 · Replies: 83 · Views: 9,251

ManxRed
Posted on: Tue, 9 Aug 2022 - 10:03


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


The OP has already submitted an appeal, so I'm guessing may already have given away the identity of the driver.

decky, can you confirm if that is true or not?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1728527 · Replies: 2 · Views: 504

ManxRed
Posted on: Fri, 8 Jul 2022 - 19:19


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


QUOTE (The Rookie @ Fri, 8 Jul 2022 - 17:16) *
I think a SAR to DVLA would be my first port of call.


This.

If they've obtained your (and others) details from the DVLA without being a member of a recognised trade body, in relation to a parking incident, then it should go off big time.

The DVLA should also be warned not to continue to release data to these people.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1722353 · Replies: 21 · Views: 1,870

ManxRed
Posted on: Wed, 29 Jun 2022 - 21:20


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


QUOTE (swinton76 @ Wed, 29 Jun 2022 - 17:33) *
He then pressed me to admit that there was a legal duty under Road Traffic legislation to identify the driver. I asked if he was saying that Road traffic legislation applied on this land because if so he couldn't rely on POFA.


Magnificent.

Well done!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1720625 · Replies: 58 · Views: 5,905

ManxRed
Posted on: Tue, 17 May 2022 - 08:37


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


QUOTE (supermono @ Tue, 17 May 2022 - 09:25) *
Am I right that if they're not relying on PoFA they don't need to go through POPLA to arbitrate? They've completely ignored demands to get a POPLA code and just direct to letter of claim.


No. POPLA can consider any number of appeal points, failure to comply with PoFA is just one (I would also add lack of clear signage to this one for good measure), but they must - as per BPA Code of Practice - allow you to submit an independent appeal to POPLA.

Complain to the BPA that this has been denied to you (assuming there is no POPLA code on any of NCPs responses, please check), and that this represents a failure to comply with the Code of Practice and you want the BPA to take action appropriately.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1712243 · Replies: 15 · Views: 969

ManxRed
Posted on: Mon, 16 May 2022 - 12:49


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


If you go to court and defend and then lose, and then pay up, there is no CCJ.

By the way, missing your chance to appeal to the IAS is no big loss, it's a kangaroo court and would have rejected your appeal anyway, regardless of how watertight it was.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1712114 · Replies: 12 · Views: 846

ManxRed
Posted on: Mon, 16 May 2022 - 12:46


Member


Group: Members
Posts: 9,985
Joined: 20 Aug 2008
Member No.: 21,992


Is there anything either on the permit, on any paperwork your husband received prior to parking there, on any signs on site, or anywhere else that states that there is a need to register the vehicle on a database?

I'm struggling to see how a contract has even been breached here.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1712112 · Replies: 12 · Views: 846

394 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 18:49
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.