Ukpc Scumbags!

[gall84]

hi,just before you write to them or go through courts etc,i was working on a building site one day,and we parked the van on a very wide road(cars parked on 1 side still allowed 2 way traffic), where everyone parked,and one day about 6/8 vans all got clamped,costing 125 to be removed i think,which had to be paid there and then,and if not we were threatned with it being towed away,there was no yellow lines or bays or restrictions etc,but just 2 little signs about 400mm square and each end of the road,saying no parking and fines will be incurred,blah blah,which was being enforced by a private firm,with 2 very large men putting the clamps on, :tsktsk: ,just thought id mention in case there any signs up where you got done mate!!

[MacRS200]

Sorry, I don't agree, please just ignore the letter. They have *no* way of enforcing it. If you write back to them then you are implicitly acknowledging that you did something wrong etc, and strengthening their case.

The fact is that by parking on private land, to which you have no legal right of access, you have accepted the "offered" terms of a contract to park.

There are three ways that I can see that you can get out of it.

1/ Prove that there was no contract with you as you were not the driver.

2/ Prove there was no breach of contract as in you parked properly etc.

3/ Go to court and let a Judge decree that the level of LAD's are punitive.

And yes they do have a case, your car was parked on their land and they can enforce it by taking you to court for "Breach of Contract" and asking the court to award damages plus costs. Bear in mind that this would be a Civil rather than a Criminal case so the Judge would be obliged to rule on "The balance of probabilities" and would consider: -

1/ It's your car

2/ It was parked outside your place of work.

3/ It was there, why would they write a ticket (invoice) for a random registration.

4/ The car was probably incorrectly parked as why would they write out a ticket (invoice)

Balance is; it was you that accepted the "contract" as you were the driver, the location was where you work and you are the owner. That the car was incorrectly parked or why would they issue a ticket. Therefore you are in "Breach" and liable for any "direct consequential loss arising" in the form of damages.

The Judge would also find the level of damages claimed as being a penalty (punitive) and award a token sum of lets say £1, this recognises that the award has some value. The claimant may also ask the court to award costs, if they were successful that would amount to more than the damages they are asking for now.

So in short, accept liability for beach, offer a "without prejudice" £1 to settle the matter and it will go away IMHO. If they decided to take action in Court it would be thrown out as the level of "direct consequential loss" cannot be more than the £1 you have offered.

[Steviewevie]

This would be a civil case, and as such the onus would be on the claimant (i.e. the parking enforcement company) to prove their case. For example, they even have to prove who the driver was (do they have video/photographic evidence ?). The less information you give them, the less chance they have of proving their case. I am not suggesting lying, far from it, just not giving them any information whatsoever (especially not making an offer to them).

[MacRS200]

This would be a civil case, and as such the onus would be on the claimant (i.e. the parking enforcement company) to prove their case. For example, they even have to prove who the driver was (do they have video/photographic evidence ?). The less information you give them, the less chance they have of proving their case. I am not suggesting lying, far from it, just not giving them any information whatsoever (especially not making an offer to them).

No, you are completely missing the point, it is not a question of proving guilt or innocence, they don't need to provide enough evidence to get to "beyond reasonable doubt" to send you to the gallows.

It is up to a Judge to decide "ON THE BALANCE OF PROBABILITY" who is giving the most accurate version of events.

Damages can only be claimed up to the level of what has been lost, so they have lost F all, they can claim F all in damages.

Offer a quid "without prejudice, and in full and final settlement", use a cheque that they won't cash because their bank charges for putting the cheque in will cost that much. IF it got to court it would be thrown out anyway because reasonable recompense had been offered.

Oh, and the common terms on most LAD's use the wording "which may be recovered as a debt", this means that they can sell it on to a debt recovery company who may come and knock on the door.

[dave1]

parked outside work ON A SUNDAY, and the scummers ticketed me!

now i am upset because of why! I can explain properly without showing you but i will post a picture later to show.

where were park is about a 100 metre stip just for parking and to my knowledge there are no designated bays. APPARENTLY the 3 very faint bricks in the floor constitute a line! Im afraid not mr man!!! if its wet its impossible to tell the difference, its near impossible in the dry, surely they cannot hold me to this fine! 6 years and never had a problem! last 3 days - 4 people out of 12 been ticketed for same reason!!!

arrrgh im fuming!! what to do??

Do you have to pay and display to park outside your work normally or is it FOC? What signage is displayed there regarding parking?