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would you grass up this man?

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Comments

  • missile
    missile Posts: 11,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    kev-1977 wrote: »
    the actual appointment of UKPC was a decision made by your Directors.
    Who are the directors, have you approached them? Have you spoken with a.n.other residents?
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • kev-1977
    kev-1977 Posts: 38 Forumite
    missile wrote: »
    Who are the directors, have you approached them? Have you spoken with a.n.other residents?

    Hi.
    I have no idea who the directors are.
    Have not approached anybody.
    I haven't spoke to the other residents no. I rarely see anyone walking about. Either we just keep missing eachother or they all like to stay indoors a lot.

    But interestingly enough. 2 of the allocated bays are for disabled people. Because nobody who lives in the flats are disabled. They are 99.9% of the time occupied by the other residents.
    UKPC for some reason ignore those cars.
  • HO87
    HO87 Posts: 4,296 Forumite
    mikey72 wrote: »
    The management company have no rights to allow or disallow parking if they don't own the land.
    I'd be interested in any reference you may have to support this contention. The RMA's usually have full rights delegated to them - given the nature of their role - they are the ones to make decisions about the offering/negotiation of leases and the management of the entire property/premises day-to-day. With this in mind they would almost certainly have sufficient interest to be able to contract with a PPC. It is the delegated interest, or lack of it, conferred on the PPC by any such contract that is of primary interest.
    mikey72 wrote: »
    The trader no doubt has trade insurance, even if he hasn't, it's unlikely the police would care, as the cars are parked off road in a private car park.
    Dependent upon the ease of access the ostensibly private car park may well be regarded as a "road" for the purposes of insurance. There is ample case law to support this.
    mikey72 wrote: »
    He can easily state it's simply a mail address, and he's keeping stock, not selling. That could take months, or years to disprove, and the council will be unlikely to investigate for that long.
    I agree. This is unlikely to be a productive avenue of enquiry.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • pustit
    pustit Posts: 271 Forumite
    Part of the Furniture 100 Posts
    mikey72 wrote: »
    The management company have no rights to allow or disallow parking if they don't own the land. The trader no doubt has trade insurance, even if he hasn't, it's unlikely the police would care, as the cars are parked off road in a private car park. He can easily state it's simply a mail address, and he's keeping stock, not selling. That could take months, or years to disprove, and the council will be unlikely to investigate for that long.


    Keeping stock may be considered business use for Business Rate purposes
  • Yes, I still think thats the line of attack - using domestic premises to run a business without planning permission or business rates. And I bet he isnt registered for VAT or told the Tax Office.
    **** I hereby relieve MSE of all legal responsibility for my post and assume personal responsible for all posts. If any Parking Pirates have a problem with my post then contact me for my solicitors address.*****
  • kev-1977
    kev-1977 Posts: 38 Forumite
    update 22/06/2012

    good news
    The cars previously for sale have diappeared.
    Every car in bays have valid permit/tax discs.

    bad news
    Not enough room for everyone.

    The residents are fighting back
    I have spoken to a good 5 residents whom have all emailed the management and parking company, basically saying:
    "Your tickets are unenforceable, sod off!"
    They replied saying "oh yes they are!"

    I fear though some residents will pay up.

    I have not received any letters chasing the invoices yet.
  • kev-1977 wrote: »
    update 22/06/2012

    good news
    The cars previously for sale have diappeared.
    Every car in bays have valid permit/tax discs.

    bad news
    Not enough room for everyone.

    The residents are fighting back
    I have spoken to a good 5 residents whom have all emailed the management and parking company, basically saying:
    "Your tickets are unenforceable, sod off!"
    They replied saying "oh yes they are!"

    I fear though some residents will pay up.

    I have not received any letters chasing the invoices yet.

    So write back saying in effect "noi they arent, if you think they are , illsee you in court, otherwise stop harassing me or ill call the police, Administration of Justice Act 1970 S.40, and see VCS vs HMRC 2012"


    http://www.tribunals.gov.uk/financeandtax/Documents/decisions/vehicle_control_services_v_hmrc.pdf
    **** I hereby relieve MSE of all legal responsibility for my post and assume personal responsible for all posts. If any Parking Pirates have a problem with my post then contact me for my solicitors address.*****
  • Yes, I still think thats the line of attack - using domestic premises to run a business without planning permission or business rates. And I bet he isnt registered for VAT or told the Tax Office.

    I can quite categorically say that the LA will not be interested. For me, this would be a last ditch effort.
  • kev-1977
    kev-1977 Posts: 38 Forumite
    So write back saying in effect "noi they arent, if you think they are , illsee you in court, otherwise stop harassing me or ill call the police, Administration of Justice Act 1970 S.40, and see VCS vs HMRC 2012"


    http://www.tribunals.gov.uk/financeandtax/Documents/decisions/vehicle_control_services_v_hmrc.pdf

    Hi Yokel, great suggestion.

    Right now I'm thinking how to draft my next letter.
    There's been some great varied responses to this and need time which bits to use.

    "oh yes they are"
    oh "no they aren't"

    Could this be the start of a PPC pantomine? :D
  • Plus ofc at a stretch you can argue the repeated sticking of bits of paper on you car windscreen is interference of goods and criminal damage
    **** I hereby relieve MSE of all legal responsibility for my post and assume personal responsible for all posts. If any Parking Pirates have a problem with my post then contact me for my solicitors address.*****
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