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  • FIRST POST
    • bobo13
    • By bobo13 4th Apr 16, 12:03 PM
    • 7Posts
    • 2Thanks
    bobo13
    Someone else was parked in my allocated bay. NOW Letter Before Claim Received!
    • #1
    • 4th Apr 16, 12:03 PM
    Someone else was parked in my allocated bay. NOW Letter Before Claim Received! 4th Apr 16 at 12:03 PM
    Hi All

    A new company has taken over our development (UK-CPM) and has given me a ticket because I had parked on the pavement rather than my own bay. However someone else was in my bay therefore I had no other option to park else where.

    I have since appealed and it has got rejected stating that if I cannot park in my own bay that I should refine from parking anywhere else. How ridiculous? What else was I meant to do?

    They have given me the option to appeal with IAS which you need to fist register you intent which I have.

    Does anyone have experience in appealing with IAS and how to win with them for my situation?

    Thanks
    Last edited by bobo13; 19-06-2017 at 9:44 AM.
Page 1
    • IamEmanresu
    • By IamEmanresu 4th Apr 16, 12:24 PM
    • 1,368 Posts
    • 2,554 Thanks
    IamEmanresu
    • #2
    • 4th Apr 16, 12:24 PM
    • #2
    • 4th Apr 16, 12:24 PM
    I have since appealed and it has got rejected stating that if I cannot park in my own bay that I should refine from parking anywhere else.
    This may or may not be correct and will depend on your lease/rental agreement. See what is says about parking in communal areas. Unless UKCPM have an intimate knowledge of your lease/rental agreement it would be impossible for them to know whether this was true. Hint: They lie.

    In your appeal did you say who was driving?
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • Quentin
    • By Quentin 4th Apr 16, 12:31 PM
    • 32,157 Posts
    • 16,241 Thanks
    Quentin
    • #3
    • 4th Apr 16, 12:31 PM
    • #3
    • 4th Apr 16, 12:31 PM
    Does anyone have experience in appealing with IAS and how to win with them for my situation?

    Thanks
    Originally posted by bobo13
    If you read through the newbies faq thread you will see the low esteem IAS has here!


    (Anticipate your appeal to them getting rejected so as not to be too disappointed when it is!)
    • Redx
    • By Redx 4th Apr 16, 12:48 PM
    • 14,817 Posts
    • 18,628 Thanks
    Redx
    • #4
    • 4th Apr 16, 12:48 PM
    • #4
    • 4th Apr 16, 12:48 PM
    I have since appealed and it has got rejected stating that if I cannot park in my own bay that I should refine from parking anywhere else. How ridiculous? What else was I meant to do?
    Originally posted by bobo13
    did they really say refine ?

    or refrain ?
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 4th Apr 16, 12:49 PM
    • 6,729 Posts
    • 5,713 Thanks
    The Deep
    • #5
    • 4th Apr 16, 12:49 PM
    • #5
    • 4th Apr 16, 12:49 PM
    Yes, The IAS are a busted flush. However, I would advise you to appeal to them. Their inevitable anonymous rejection will be so tainted they would never want a judge to see it so are unlikely to take you to court.
    You never know how far you can go until you go too far.
    • bobo13
    • By bobo13 4th Apr 16, 1:07 PM
    • 7 Posts
    • 2 Thanks
    bobo13
    • #6
    • 4th Apr 16, 1:07 PM
    • #6
    • 4th Apr 16, 1:07 PM
    Yes, The IAS are a busted flush. However, I would advise you to appeal to them. Their inevitable anonymous rejection will be so tainted they would never want a judge to see it so are unlikely to take you to court.
    Originally posted by The Deep
    did they really say refine ?

    or refrain ?
    Originally posted by Redx

    Apologies typo. I meant refrain!

    Thanks for the replies.

    There is no mention of anything about parking in communal areas in my lease.

    I searched the forum and looks like there hasn't been much success with IAS.

    Whats the best grounds I can use to appeal?
    • Herzlos
    • By Herzlos 4th Apr 16, 1:13 PM
    • 5,357 Posts
    • 4,803 Thanks
    Herzlos
    • #7
    • 4th Apr 16, 1:13 PM
    • #7
    • 4th Apr 16, 1:13 PM
    You could point out that since the car is associated with an apartment with an allocated bay, not only is there no loss or justification for issuing the ticket, but the reason that vehicle was allegedly parked outside of the marked bay was due to the parking management companies inability to manage the parking.

    Or you could go the other way and claim that since POFA2012 wasn't adhered to, only the driver is liable, that the parking agent doesn't have authority to park, no contract was formed due to poor signage, and so on.

    I'd be complaining loudly to whoever hired the parking cowboys in the first place and make them cancel it (they can).
    • Coupon-mad
    • By Coupon-mad 4th Apr 16, 3:26 PM
    • 48,414 Posts
    • 61,865 Thanks
    Coupon-mad
    • #8
    • 4th Apr 16, 3:26 PM
    • #8
    • 4th Apr 16, 3:26 PM
    Whats the best grounds I can use to appeal?
    You have no chance of winning at IAS appeal so not sure why you are asking. You haven't told us if the appeal blabbed about who was driving?

    Please read the NEWBIES FAQS thread near the top of this forum. Post #1 gave you an appeal you should have used, not saying who parked the car. Too late probably, this time, but never say who parked.

    But post #3 of that sticky thread tells you your options when 'offered' IAS appeal. Read post #3 about IAS.

    Do not pay the charge.

    Object to your managing agents about UKCPM being on site and make every attempt to complain and ultimately get them removed. You do not need a parking firm marauding around, this is proven by the fact that they cannnot prevent cars parking in wrong bays and merely punish legit residents forced to park elsewhere. Unfair scam, kick them out.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Guys Dad
    • By Guys Dad 4th Apr 16, 3:32 PM
    • 10,002 Posts
    • 9,069 Thanks
    Guys Dad
    • #9
    • 4th Apr 16, 3:32 PM
    • #9
    • 4th Apr 16, 3:32 PM
    You should check with the management company exactl why the PPC was appointed. If it was to manage the parking, then tthey manifestly failed as you could not park in your allocated space.

    You should inform them that they must clearly be in breach of contract and that the amount they should have extracted from the miscreant driver in your space will more than cover any charges they wish to levy on you.

    Tell them that it is preposterous that they have been hired to protect your parking space but, because they have failed to do so, they are attempting to make you pay for their failings!
    • bobo13
    • By bobo13 4th Apr 16, 4:24 PM
    • 7 Posts
    • 2 Thanks
    bobo13
    OK thanks everyone.

    I am now going to email our site manager and complain.

    PS: In the initial appeal I did mention I was the registered keeper but not the driver.
    • bobo13
    • By bobo13 19th Jun 17, 9:43 AM
    • 7 Posts
    • 2 Thanks
    bobo13
    Hi All

    I have now received letter before claim from Gladstones.

    The building manager couldn't cancel the charges so it went onto debt collectors stage and so on.

    They are now giving me 14 days to pay before I get court papers.

    I have read through the newbies thread and some examples to write back to them but my circumstances are a little different as I live in the block which and couldnt park in my space due to another car in my space.

    Can anyone help me draft a response to them please?
    • bobo13
    • By bobo13 19th Jun 17, 3:48 PM
    • 7 Posts
    • 2 Thanks
    bobo13
    Any advise will be greatly appreciated.
    • Coupon-mad
    • By Coupon-mad 19th Jun 17, 8:02 PM
    • 48,414 Posts
    • 61,865 Thanks
    Coupon-mad
    Easily found on here or on pepipoo:

    http://forums.pepipoo.com/index.php?showtopic=113569

    HTH
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • bobo13
    • By bobo13 20th Jun 17, 2:47 PM
    • 7 Posts
    • 2 Thanks
    bobo13
    Easily found on here or on pepipoo:
    HTH
    Originally posted by Coupon-mad
    This is actually different situation to mine. I have received a letter before claim.
    • Quentin
    • By Quentin 20th Jun 17, 2:52 PM
    • 32,157 Posts
    • 16,241 Thanks
    Quentin
    Have you checked it's from Gladstone and not drp (, were they the debt collectors?)
    • bobo13
    • By bobo13 20th Jun 17, 3:02 PM
    • 7 Posts
    • 2 Thanks
    bobo13
    Yes its from Gladstones.
    The previous ones were from DRP with Gladstones letter head.

    I cant put up pictures due to being a new user. But i picture of a letter that i can send via PM.
    • Coupon-mad
    • By Coupon-mad 20th Jun 17, 6:24 PM
    • 48,414 Posts
    • 61,865 Thanks
    Coupon-mad
    Use a short reply like Gan's suggestion here:

    http://forums.pepipoo.com/index.php?showtopic=113851

    I agree with this, because we do win small claims (100% against Gladstones here):

    Save the detailed arguments for a defence statement
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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