Free Traffic Legal Advice

What exactly did you say in your appeal? Did you identify the driver of the car at the time of the alleged infringement?

Unfortunately if you’d come here first you’d have received advice on how to appeal, but we need to know what you actually said.

The address error is irrelevant, the letters got to you, didn’t they?

The “no evidence as to hirer” was along the right lines, but should have been that by failing to comply with the requirements of the Protection of Freedoms Act 2012 they are unable to hold you - the hirer - responsible in place of the driver, whom you hopefully did not identify. Your being the hirer is an established fact because your hire company will have told them your details.

Essentially you will wait for them to start court proceedings and file a defence that you - as hirer - can’t be liable for the actions of the driver because UKCPM did not comply with the legal requirements to transfer the liability from the driver to the hirer, your evidence being the Notice to Hirer which clearly does not do this.

If at any stage you identified the driver’s identity to them, this won’t work.

As long as you didn’t identify the driver then you have a defence.
You are the hirer of the car, there’s no reason to obfuscate this because UKCPM went to the registered keeper of the car and the hire company named you as hirer, as they should.
For now, ignore everything from debt collectors, they are powerless, do not respond to them in any way.
In due course, when you get a formal Letter of Claim, come back and you’ll get advice. You will need to file a defence, along the lines of the one I mentioned above, that you - the hirer - can’t be held liable for the actions of the driver, whom you will not be identifying.

Sorry, yes, it was clear in your post, I was being dim!

There is a proposed response to a BW Legal LoC at https://www.ftla.uk/private-parking-tickets/help-needed/msg70159/#msg70159 which notes how £100 has magically become £170 and you might want to adapt to your specifics because many of the points won’t be applicable.

BW Legal
Enterprise House
Apex View
Leeds
West Yorkshire
LS11 9BH

By email to: enquiries@bwlegal.co.uk

Dear Sirs,

Re: Letter of Claim dated 25 April 2025
Client: UK Car Park Management Ltd
PCN Ref: [Insert Reference]

I refer to your Letter of Claim.

Please note that the alleged debt is disputed, and any court proceedings will be robustly defended.

I note that the sum claimed has been increased by an excessive and unjustifiable amount, which appears contrary to the principles established by the Government, who described such practices as “extorting money from motorists.” Please refrain from sending boilerplate responses or justifications regarding this issue.

Under the Pre-Action Protocol for Debt Claims, I require specific answers to the following questions:

1. Does the additional £100 represent what you describe as a “Debt Recovery” fee? If so, is this figure net of or inclusive of VAT? If inclusive, I trust you will explain why I, as the alleged debtor, am being asked to cover your client’s VAT liability.

2. Regarding the principal sum of the alleged Parking Charge Notice (PCN): Is this being claimed as damages for breach of contract, or will it be pleaded as consideration for a purported parking contract?

Furthermore, in order to understand the legal basis for your client's claim and to allow for a considered response, I require the following documentation and evidence:

a. A full, unredacted copy of the contract or agreement between your client and the landowner or lawful occupier, demonstrating the authority to issue and enforce parking charges at the site;
b. Evidence that the lease or freehold interest in the relevant bay permits the imposition and enforcement of third-party parking terms by your client.

I would caution you against simply dismissing these questions with vague or generic responses. I am fully aware of the implications of your client’s model. By claiming that PCNs are not subject to VAT while inflating a supposed “debt recovery” element, your client – with your assistance – appears to be evading tax obligations that may be due to HMRC. That raises serious questions about the legality and ethics of your practices.

I strongly advise your client to cease and desist. Should this matter proceed to court, these issues will be brought to the court’s attention, alongside a robust defence and potential counterclaim for unreasonable conduct.

Yours faithfully,

[Your Name]

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I've removed what probably isn't necessary, and tweaked the figure to my situation but not sure if I should be adding anything more (or have the knowledge to add anything in). Would this be sufficient?

@cp8759 @b789 @jfollows

Quote from: jfollows on May 07, 2025, 10:28:15 am

As long as you didn’t identify the driver then you have a defence.
You are the hirer of the car, there’s no reason to obfuscate this because UKCPM went to the registered keeper of the car and the hire company named you as hirer, as they should.
For now, ignore everything from debt collectors, they are powerless, do not respond to them in any way.
In due course, when you get a formal Letter of Claim, come back and you’ll get advice. You will need to file a defence, along the lines of the one I mentioned above, that you - the hirer - can’t be held liable for the actions of the driver, whom you will not be identifying.

Thanks for the response.

not sure if it was clear in my first post, but I have received the letter of claim as of last week (hidden under the long list of letters I scanned). attached it here.

@b789
the letter of claim was issued here in the quote. The appeal/questions I raised was after this letter was received - and now they have come back with their response. to me it seems a dead end in terms of how I can respond, but wanted to get clarification if there is any more I can do here? or do I concede?

If they have not responded fully to your LoC with all the requested evidence/documents, report them to the SRA.