Author Topic: UKPC charge: Overstayed in MacDonalds. Didn't receive first 2 charge letters  (Read 80 times)

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AnonymousMD

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Good morning,

I wonder if someone might be able to help. My boyfriend parked in MacDonalds in Livingston, Scotland for 1hr 47mins while he waited for me in my hospital appointment. He ordered food and worked while he stayed inside the MacDonalds.

He didn't realise there was a parking limit and overstayed by 17 minutes. A few days ago we received a final notice (we didn't receive the first two letters - initially £100 reduced to £50 with early repayment).

He is now being charged £170 and we are trying to fight it since we didn't receive the first two letters - we live in a communal stairway where post can be moved by other residents.

We also were away travelling during this time.

Any help would be much appreciated.

Thank you,
M & A

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b789

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Unfortunately, that appeal is all “I did this and that” instead of “the driver did this and that”. In other words, metaphorically blowing both feet off when there was no need to identify who was driving.

Too late now. The OP will just have to go through the useless debt recovery letters and all that crap until they give up.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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DWMB2

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Apologies, deleted my last reply as I had missed the attachment.

OP - have you sent the letter you have attached?
Away 10/01/25 - 18/01/25 - I will have limited forum access

Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

AnonymousMD

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No worries at all - unfortunately yes we have.

Here is the latest letter we have received (attached).

Whats the best way we can fight it - We don't want to leave it and then end up with double or triple the charges! Ideally, we get the charge reduced to the original, discounted fee that we never received.

Do you think this is possible?

Many thanks,
M & A
« Last Edit: December 11, 2024, 04:36:30 pm by AnonymousMD »

H C Andersen

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OP, your posts refer to 'we received' but this isn't possible, there's no 'we' in this process. The only person with legal standing is the keeper until/unless the driver is identified(if different to the keeper and prior to legal proceedings being commenced).

To help us, and hopefully you, are you the keeper?




DWMB2

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Quote
unless the driver is identified
The letter attached to the opening post suggests that cat is already out of the bag. However, this being Scotland, and a single ticket, it is unlikely to lead to any litigation.
Away 10/01/25 - 18/01/25 - I will have limited forum access

Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

AnonymousMD

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Hi,

Apologies - by 'we' I mean my boyfriend received the letters (we live together) and he is the registered keeper of the car.

We are trying to fight the charges because they have gone up by a huge amount, despite our not receiving the initial letter or second warning letter. My boyfriend was also away over the time both first two letters were allegedly sent and I would never open his post.

How can we best fight this do you think?

I am a little confused by what you mean - 'opening post suggests that cat is already out of the bag. However, this being Scotland, and a single ticket, it is unlikely to lead to any litigation'.

Thanks very much.

b789

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The way you fight this is to ignore everything that comes your way. They will not litigate in Scotland.

They are sending you debt collector letters which are designed to make the low-hanging fruit on the gullible tree capitulate and pay up out of fear and ignorance. Ignore the useless debt collector letters. Use them as kindling or to line the bottom of a cat litter tray.

Nothing is going to happen. Eventually they will stop. UKPC will not take you to court in Scotland.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

AnonymousMD

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I understand what you're saying, but am very nervous of the cost mounting up the longer we ignore the letters - we can't afford the higher costs if we end up having to pay.

I'm hoping to be able to reduce the fee.

b789

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I don't know how much clearer I can make this for you to understand and stop worrying.

1. UKPC is Just a Private Company

• UKPC is not a government authority. They are a private company who issue parking charge notices (PCNs) on private land.

• A PCN from UKPC is not a fine. It’s their attempt to claim a “debt” under contract law.

• It’s basically an invoice they hope you’ll pay—but it’s not legally enforceable without going to court.

2. Scottish Law Works in Your Favour

Scotland’s legal system makes it very hard for UKPC to do anything about this. Here’s why:

No Keeper Liability in Scotland:

In England and Wales, a law (the Protection of Freedoms Act 2012) allows private parking companies to hold the registered keeper of the car responsible for the charge if the driver isn’t identified.

This law does not apply in Scotland.

• In Scotland, only the driver can be held liable.

UKPC Must Prove Who Was Driving:

• To pursue you in court, UKPC needs to prove that you were the driver of the car at the time.

• Without solid evidence (like a photo of you driving), they have no case.

• You don’t need to tell them who was driving, and they can’t force you to.

3. Jurisdiction is a Nightmare for UKPC

• The parking incident happened in Scotland, so any legal action would need to be taken under Scottish law in a Scottish court.

• UKPC cannot just take you to an English court because English courts have no jurisdiction over incidents that happened in Scotland.

• Even if they tried, the case would be thrown out.

4. It’s Not Worth UKPC’s Time or Money

Litigation costs a lot of money. For a single PCN (typically £60–£100), UKPC would have to:

1. Gather evidence (which they don’t have).
2. Take legal action in Scotland.
3. Pay legal fees, which could cost more than the charge itself.

Private parking companies are in this for profit. Chasing a single PCN in Scotland is a losing game for them. Even if they won (which they almost certainly won’t), it would cost them more than they’d gain.

5. What Actually Happens?

Here’s the usual pattern with private parking companies:

• They send scary-looking letters demanding payment.

• They use phrases like “further action” or “legal proceedings” to intimidate you.

• They might pass the “debt” to a collection agency. But remember: debt collectors have no special powers. They can’t come to your house, and they can’t take you to court. They can only send letters asking for money.

That’s where it ends. They rely on people being scared into paying, even when they don’t have a legal case.

6. The Reality: It Won’t Escalate

• UKPC has no legal way to make you pay unless they go to court and win.

• They won’t take you to court in Scotland because it’s too hard, too costly, and they’ll likely lose.

• The scary letters are just hot air designed to make you panic and pay up.

So, Stop Worrying

Here’s the truth:

• This will not escalate.

• It will not cost you more in the long run.

• UKPC cannot enforce the charge against you in Scotland.

Throw their letters in a drawer and ignore them. Let UKPC bark all they want—they can’t bite.

If they ever tried to take you to court in Scotland (they won’t), they would fail. You are protected by the law, and their business model isn’t built for Scottish legal realities.

Final Thought

Relax. The only thing UKPC is good at is sending threatening letters. They want you to feel scared because fear makes them money. But in Scotland, the law is on your side, and UKPC can’t do a thing.

Save yourself the stress—ignore them.
« Last Edit: December 17, 2024, 05:21:31 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain