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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice
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In September 2014 I parked on a yellow crosshatched area in

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In September 2014 I parked on a yellow crosshatched area in a private car park whilst I went to look driver who had parked in my space in an adjacent car park. When I returned I had received a parking ticket. I have been receiving demands which have now risen to £160. I have been advised to ignore said demands & have done so to date. The latest letter targets me as the vehicle keeper & gives me until 27th Jan to pay. I have read lots online giving different advice such as them having to 'prove a loss'. Where do I stand?
Thank you question. My name is ***** ***** I will try to help with this.
Who is the issuer?
Customer: replied 3 years ago.

Jo, thank you help. UKPC issued the original ticket, correspondence is now arriving from Debt Recovery Plus(DRP)

This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.
A private land firm is not an emanation of the state. It does not have the right to punish you manner of your parking any more than your neighbours do.
This is essentially an invoice arising from a civil dispute arising from an alleged agreement whereby you agree to park fee. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract. That is what is in dispute.
Private land fines used to be very easy to escape by refusing the details of the driver. They only have a contract with the driver. Unfortunately the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable penalty if he does not disclose the details of the driver within 28 days.
All that means is that the claim runs against the registered keeper. It just makes it easier to find the person against whom there should be enforcement.
The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.
If they do sue then they would only have a claim sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you debt collection costs. Do not be intimidated by that.
Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.
They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.
Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer a small amount loss.
Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

Thank you answer, i didn't park within a marked space, i have the right to park in an adjacent car park. Someone from the car park regulated by UKPC was parked within my space, so the only place i had to park was on a yellow cross hatched no parking area within the UKPC car park, i did this whilst i went to try and find and ask the driver to move from my space. Within this time i received the ticket. Does this make a difference as i was clearly in breach of their signage, which is clearly visible?

No, not really. It is the same principle whatever they allege.
If the signing is clear and you are on private land then you have to comply with it or be either a breacher or a trespasser.
The next question is loss.
It is very unlikely they would sue anyway.
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