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Jo C.
Jo C., Barrister
Category: UK Traffic Law
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I received a parking charge notice from UKPC for parking "incorrectly"

Resolved Question:

I received a parking charge notice from UKPC for parking "incorrectly" in a private car park. As I had been parking "incorrectly" regularly for the previous 6 years, I appealed using their online system. I now know that was a mistake. However, their confirmation of appeal email stated they would be in touch within 10 days - they were not. I started receiving letters around 4 weeks later and now the latest one is from Debt Recovery Plus Ltd, threatening court action. I have ignored all letters to date.
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

Have you admitted to being the driver?
Customer: replied 2 years ago.
I beleive I said I was the owner and driver
Expert:  Jo C. replied 2 years ago.
Thats a shame. What did you say exactly?
Customer: replied 2 years ago.
I do not have a copy of what I said as it was through their website, but, from memory I said - "The car was parked in an area of the car park rgularly used by many people. I have been using the spaces regularly for the past 6 years....." I don't think I actually stated that I was driving the car on that day.
Expert:  Jo C. replied 2 years ago.
It would have been better if you hadn't appealed.

This is a private land fine. They are unenforceable. This is not a parking fine however it may look. These companies are private firms that have no more right to punish you for the manner of your parking than your neighbour does. Only the police or the local Council can do that. These are issued on the basis that you have accepted a contract by parking there and breached it by staying too long. To make that work they would have to hang signs over almost every bay and anyway, they still cannot show loss. The way to stop them dead is to write back refusing to give them the name of the driver.

Please note that DOES NOT mean you should lie. Some people don't seem to be able to see the difference between REFUSING the name of the driver and giving false information but there is a very substantial one. They have no power to force from you the name of the driver as they are not the police.

They only have a 'contact' with the driver and not the registered keeper. Please note that will not stop them writing to you. They will send lots of threatening letters. They will pass it on to debt collection and they may get a solicitor to write to you. Unless you actually get a court summons these communications are nothing to worry about. Refusing details of the driver puts an end to any real action being taken.

If you have admitted being the driver then you will have to drop down on asking them to prove that their signs were adequate.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65362
Experience: Over 5 years in practice.
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Jo C.
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