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UKPC indicted
andy_foster
post Tue, 26 Jul 2011 - 12:47
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On Monday 5th September 2011, UK Parking Control Limited (UKPC) and its director Rupert Williams are due to stand trial on indictment at Hull Crown Court on the following charges, following an investigation by Trading Standards -

    1/ Engaging in a commercial practice which was a misleading action contrary to Regulation 9 of the Consumer Protection from Unfair Regulations 2008

    2/ Being an officer of a body corporate which engaged in a misleading action contrary to Regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008

    3/ Engaging in an aggressive commercial practice contrary to Regulation 11 of the Consumer Protection from Unfair Trading Regulations 2008

    4/ Being an officer of a body corporate which engaged in an aggressive commercial practice contrary to Regulation 11 of the Consumer Protection from Unfair Trading regulations 2008

    5/ Engaging in a commercial practice which was a misleading action contrary to Regulation 9 of the Consumer Protection from Unfair Regulations 2008

    6/ Being an officer of a body corporate which engaged in a misleading action contrary to Regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008

    7/ Engaging in an aggressive commercial practice contrary to Regulation 11 of the Consumer Protection from Unfair Trading Regulations 2008

    8/ Being an officer of a body corporate which engaged in an aggressive commercial practice contrary to Regulation 11 of the Consumer Protection from Unfair Trading regulations 2008

    9/ Engaging in a commercial practice which was a misleading action contrary to Regulation 9 of the Consumer Protection from Unfair Regulations 2008

    10/ Being an officer of a body corporate which engaged in a misleading action contrary to Regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008

    11/ Engaging in an aggressive commercial practice contrary to Regulation 11 of the Consumer Protection from Unfair Trading Regulations 2008

    12/ Being an officer of a body corporate which engaged in an aggressive commercial practice contrary to Regulation 11 of the Consumer Protection from Unfair Trading regulations 2008

    13/ Engaging in a commercial practice which was a misleading action contrary to Regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008

    14/ Being an officer of a body corporate which engaged in a misleading action contrary to Regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008

    15/ Engaging in an aggressive commercial practice contrary to Regulation 11 of the Consumer Protection from Unfair Trading Regulations 2008

    16/ Being an officer of a body corporate which engaged in an aggressive commercial practice contrary to Regulation 11 of the Consumer Protection from Unfair Trading regulations 2008


The trial is expected to last 3 days. If anyone want to come along and watch, I'll be the one with the huge bucket of popcorn.

It is understood that several of the charges relate to practices common to all PPCs who use ticketing to enforce parking rules on private land, and that if UKPC and/or its director were to be convicted on those charges, subject to the inevitable appeal it seems likely to be 'game over' for the PPC ticketing 'business model'.

I would strongly advise against publicly speculating or otherwise discussing the details of the specific allegations - Mr Williams/UKPC have already sought (and been refused permission) for a Judicial Review of the decision to indict them (on quite imaginative grounds), and ought to be considered likely to try to use any public discussion to argue that they cannot receive a fair trial (not that there could be considered to be any merit in such an argument).

This post has been edited by andy_foster: Tue, 26 Jul 2011 - 12:57


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post Tue, 26 Jul 2011 - 12:47
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anon45
post Tue, 26 Jul 2011 - 13:51
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QUOTE (andy_foster @ Tue, 26 Jul 2011 - 13:47) *
I would strongly advise against publicly speculating or otherwise discussing the details of the specific allegations - Mr Williams/UKPC have already sought (and been refused permission) for a Judicial Review of the decision to indict them (on quite imaginative grounds), and ought to be considered likely to try to use any public discussion to argue that they cannot receive a fair trial (not that there could be considered to be any merit in such an argument).


Mods- Is it therefore worth locking this topic pending the hearing?
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bama
post Tue, 26 Jul 2011 - 14:53
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Be interesting to see if the OfT steps in under S.8 of the Enterprise Act.

seems doubtful to me that they will... shame that.


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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muckychimney
post Tue, 26 Jul 2011 - 16:53
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Seeing as its on my door step I shall have to pop along, shame I dont work in the court anymore !


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axeman
post Tue, 26 Jul 2011 - 18:37
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I really fancy a day there, wont do day one as there is always a chance of an adjournment


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southpaw82
post Tue, 26 Jul 2011 - 19:14
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QUOTE (anon45 @ Tue, 26 Jul 2011 - 14:51) *
Mods- Is it therefore worth locking this topic pending the hearing?


No. I will, however, remind everyone that the issue is sub judice and as such this thread will be heavily moderated. Please don't post any "facts" you may [think you] have or speculate on matters.


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emanresu
post Tue, 26 Jul 2011 - 19:23
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Can arrange a 16 seater mini-bus from the South Coast unless Roythebus has a larger one.

Edit: Allegedly, Roy.

This post has been edited by emanresu: Tue, 26 Jul 2011 - 19:23
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andy_foster
post Tue, 26 Jul 2011 - 19:39
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I managed to book 5 nights for £50 in the travelodge £10 sale, so if it gets adjourned I've lost less than the price of one of their parking tickets.
axeman does raise an important point though - whilst trials such as this are less likely to be adjourned at the last minute than speeding cases in magistrates' courts, anyone considering making an effort to attend (as opposed to those living on the doorstep, popping in after Jeremy Kyle finishes) should bear in mind that there is always a possibility that it might not go ahead as scheduled.

Last time I was at Hull Crown Court (for an appeal from the mags), it was adjourned until the following day as they couldn't find 2 spare magistrates to sit with the judge (who refused to get all robed up for a f**king speeding case anyway), and wouldn't let me and cjm99 stand in.


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roythebus
post Tue, 26 Jul 2011 - 20:19
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QUOTE (emanresu @ Tue, 26 Jul 2011 - 20:23) *
Can arrange a 16 seater mini-bus from the South Coast unless Roythebus has a larger one.

Edit: Allegedly, Roy.

Not allegedly at all, just that in my 72 seat Routemaster it may take a while to get to Hull!! cool.gif
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axeman
post Tue, 26 Jul 2011 - 21:18
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looking a Google, parking is very poor around the court, anyone know if UKPC (or any other non towing PPC) operate in the area?


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NOTICE The content of this post and of any replies to it may assist in or relate to the formulation of strategy tactics etcetera in a legal action. This post and any replies to it should therefore be assumed to be legally privileged and therefore must not be disclosed, copied, quoted, discussed, used or referred to outside of the PePiPoo forum on which it was originally posted additionally it must not be disclosed, copied, quoted, discussed, used or referred to by any person or organisation other than a member of PePiPoo appropriately paid up and in full compliance with the PePiPoo terms of use for the forum on which it was originally posted. The PePiPoo terms of use can be found at http://forums.pepipoo.com/index.php?act=boardrules. For the avoidance of doubt, if you are reading this material in any form other than an on-line HTML resource directly and legitimately accessed via a URL commencing "http://forums.pepipoo.com" then it has been obtained by improper means and you are probably reading it in breach of legal privilege. If the material you are reading does not include this notice then it has been obtained improperly and you are probably reading it in breach of legal privilege. Your attention is drawn to the Written Standards for the Conduct of Professional Work issued by the Bar Standards Board particularly under heading 7, "Documents".

Note that I am not legally qualified and any and all statements made are "Reserved" and do not constitute legal advice. Liability for application lies with the reader.
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emanresu
post Wed, 27 Jul 2011 - 08:05
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I'm amazed that this did not come out before.

http://www.whatdotheyknow.com/request/uk_parking_control
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buttonpusher
post Wed, 27 Jul 2011 - 19:42
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Would not a FOI request for how many were rejected be revealing?
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Mike7777777
post Sat, 30 Jul 2011 - 12:46
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A magnificent salvo of charges aimed at UKPC! Interesting ramifications regarding historical income generated by UKPC if found guilty. Are these arrestable offences? Trading standards officers do not have the power of arrest AIUI.
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oldstoat
post Sun, 31 Jul 2011 - 13:36
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Only live about 10 miles from court I will see if I can get a day off. Plenty of Parking in Princes Quay and St Stephens Square both of which are no more than a twenty min walk from the court


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southpaw82
post Sun, 31 Jul 2011 - 18:10
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QUOTE (Mike7777777 @ Sat, 30 Jul 2011 - 13:46) *
A magnificent salvo of charges aimed at UKPC! Interesting ramifications regarding historical income generated by UKPC if found guilty. Are these arrestable offences? Trading standards officers do not have the power of arrest AIUI.


All offences carry a power of arrest (for a constable) now. TSOs have no more powers of arrest than anyone else. If they want someone lifting then the police (or, sometimes, HMRC, depending on the offence) will do it for them. I recall we lifted several people for offences under the Trademarks Act 1994 (for TS) and the Proceeds of Crime Act 2002 (for us). TS prosecuted, we did the recovery for them.


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andy_foster
post Sat, 3 Sep 2011 - 11:42
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Trial listed to start at "not before 1130am" Monday 5th September, Court 2 - Mr Recorder R Singh

Lists on courtserve.net - Crown Court Daily Lists


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Broadsword
post Mon, 5 Sep 2011 - 07:31
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I'm looking forward with anticipation to regular updates.
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bama
post Mon, 5 Sep 2011 - 10:43
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is it over ?

http://www.thelawpages.com/court-hearings-...crown-court.php


or didn't it happen...


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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Broadsword
post Mon, 5 Sep 2011 - 10:57
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I've had messages from two 'sources' who are currently sitting in the court waiting for the trial to start (about an hour ago)
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bama
post Mon, 5 Sep 2011 - 11:01
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okay.

gotta love HMG IT.....


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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