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UKPC 2nd letter stage

245678

Comments

  • hineyb
    hineyb Posts: 87 Forumite
    Hi guys

    just received another NTK..

    i been reading through some UKPC appeals and it seems alot of people win this before popla stage by writing to the land owner and complaining

    do you think i should try this as i have 5 PCNs that i am disputing?
  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
    Name Dropper First Post Photogenic First Anniversary
    hineyb wrote: »
    what happened to the template we used to send with the 3 options one being called the drop hands approach???

    that used to get me out of all the fines.. it also had something in there about invoicing them for my time and cleaning products!! i used to get same reply from them saying they have dropped the charge and will not be paying an invoice.. why did that get changed??

    Because UKPC no longer just cancel upon receiving a first appeal, not even that one. You could send the old version if you prefer, there's nothing wrong with it.

    And yes, always complain to the landowners.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • hineyb
    hineyb Posts: 87 Forumite
    Hey coupon-mad

    Do you know how to get the owners details.. and what do you think i should say to him in attempt to get all 5 tickets cancelled??

    Thanks in advance :)
  • Herzlos
    Herzlos Posts: 14,685 Forumite
    First Anniversary Name Dropper First Post
    Your girlfriend should write to the landowner & managing agent:

    "The vehicle belongs to a resident and has a parking permit, however due to poor car park management spaces are often unavailable and the car has been parked elsewhere, in such a way as to avoid inconvenience of other users. I therefore insist that you instruct your agent to cancel these invoices and to actively manage the car park instead of just issuing invoices to residents".
  • hineyb
    hineyb Posts: 87 Forumite
    Ok thanks

    there was only one where i parked elsewhere

    the others as the permit has lost its sticky.. it has fallen off the windscreen so everytime i have to manually put it on dash board which i had forgot to do!

    what shall i say about that... do i even have a leg to stand on there? as its just down to me being forgetful!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 7 September 2016 at 12:50PM
    Before you write to the LLl/MA as Cm suggests, it would be sensible to check that, by allowing you to use her permit, she is not breaking any of the rules of here tenancy, for example is your name on the AST? if not, does she have permission to sub-let? Does she have permission to allow others to use her parking space?


    I have a flat where both are expressively forbidden under the the terms of my
    lease, and incorporated into each AST, and I expect all my tenants to comply.
    You never know how far you can go until you go too far.
  • hineyb
    hineyb Posts: 87 Forumite
    edited 7 September 2016 at 1:49PM
    The_Deep wrote: »
    Before you write to the LLl/MA as Cm suggests, it would be sensible to check that, by allowing you to use her permit, she is not breaking any of the rules of here tenancy, for example is your name on the AST? if not, does she have permission to sub-let? Does she have permission to allow others to use her parking space?


    I have a flat where both are expressively forbidden under the the terms of my
    lease, and incorporated into each AST, and I expect all my tenants to comply.

    Can i not just say i own the car and she was driving it?

    without of cause letting them know she was driving it??
  • Herzlos
    Herzlos Posts: 14,685 Forumite
    First Anniversary Name Dropper First Post
    She can complain to the landowner / management agency as if it was her car (without naming the driver). It doesn't matter to them who owns it.

    Add something about further issues being caused by the poor quality permit.

    Unless the lease explicitly says something about the car being registered to a registered tenant, then you're completely above board, and even if not, the invoices are still invalid, but you might not be able to use the landowner route to cancel.

    Beat them at POPLA enough times and they'll stop wasting your time - it's costing them £27 each time you appeal and making the warden no commission.
  • hineyb
    hineyb Posts: 87 Forumite
    Herzlos wrote: »
    She can complain to the landowner / management agency as if it was her car (without naming the driver). It doesn't matter to them who owns it.

    Add something about further issues being caused by the poor quality permit.

    Unless the lease explicitly says something about the car being registered to a registered tenant, then you're completely above board, and even if not, the invoices are still invalid, but you might not be able to use the landowner route to cancel.

    Beat them at POPLA enough times and they'll stop wasting your time - it's costing them £27 each time you appeal and making the warden no commission.

    Ok thanks Herzlos

    and what would my appeal be based on at POPLA stage?? :beer:
  • Herzlos
    Herzlos Posts: 14,685 Forumite
    First Anniversary Name Dropper First Post
    All the usual stuff from the newbies thread:

    No keeper liability due to lack of POFA2012 compliance
    UKPC has no right to issue invoices (no interest in the land)
    The signage is insufficient to form a contract
    Amount requested is neither a GPEOL nor a contractual sum as per Beavis.

    Depending on the signage, you also have a point about it not being possible to pay a contractual sum for a forbidding term (i.e. if the signage says something like "permit holders only" then you are either a permit holder, in which case there's no reason to issue a ticket, or you're not, in which case you're not allowed to park and it's a trespass issue, which can only be brought by the landowner for a nominal sum).

    Have a search on here for successful POPLA appeals, there's a sticky thread that summarises them.
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