Does UKPC have authority to ticket on its sites?

For the third time recently, John Wilkie (our Head of Legal) has come back from court astonished and astounded at the evidence which UK Parking Control has sought to bring before the court.

UKPC has a habit, in our experience, of only bringing multiple-ticket cases to court. Because of the nature of their business, these are invariably related to Residential Parking, where a management company bring UKPC in to stop non-residents parking. This works within 6-8 weeks, after which the Parking Company isn’t getting any money, so it has to start ticketing residents for the slightest infringement… such as, and these are all real examples:-

  • Not displaying a permit to park in your own bay. This is invidious, and UKPC has been taken to court for tresspass before where this has occurred
  •  Not parking completely in a marked bay – having a wheel on the line, for example, or being too long for the bay without touching the wall.
  • Not displaying a valid “Vehicle Excise Licence” – which hasn’t been possible for some time now.
  • Sticking the PCN OVER the permit, so that the permit cannot be seen in their evidence.
  • Not displaying a Blue Badge – the Blue Badge scheme does not apply to Private Land.
  • Faking Photographs to show a vehicle has been on site, for far longer than is the case. UKPC lost access to the DVLA database when caught doing this.
  • Changing the look of a permit for a scheme, without supplying the landowner with new permits to distribute.

UKPC will often issue many tickets to a vehicle, then sue the Keeper for up to 99 tickets at once. Inevitably, such cases arrive at our doorstep, and, as it’s a single claim we do only charge a single fee to deal with it, making our service very competitive.

And in many cases like this, UKPC will say that they are authorised by the landowner to operate on the land. And, again and again, our legal researchers find that this is not the case. And when we demonstrate this to the court, the UKPC advocate tries to argue that they would not have put up many signs, and issued many tickets without someone complaining if they were not allowed to be there. The counter to this argument is that “if I try to sell Buckingham Palace, it doesn’t need a District Judge to tell me that I can’t do that.”

Some of our more recent successes in this type of case have included Mr M in Worcester, another Mr M in Edmonton, Mr A in Bury (a doctor who was parked dealing with patients in extremis) and today’s case, Mr M (a different one) in Huddersfield, where the judge examined the contract and decided there was no evidence of a Chain of Authority from the Landowner to the Parking Company. In this case, the contract was with a non-existent Management Company, in other cases it has been entirely absent.

Without authority to operate on the land, a parking company doing so is committing fraud, breaching the BPA and IPC Code of Practice, and has no right to Keeper Details or to seek to invoke Keeper Liability. Indeed, without authority to operate, the company cannot even pursue the driver for a Parking Charge.

Private Parking Appeals is now very wise to claims like these, and have both experience and persuasive case law dealing with such circumstances. Unlike the Solicitors Firms who take these cases on and regularly lose for their clients, We have a record of wins against these claims, and are the real experts in dealing with such matters.