Too late to appeal ?

Constantgardener

I received two 'Parking Tickets' from a the Car Park Management company responsible for managing parking on a modern development on which I own an apartment. Both tickets stated the reason for issue as "parked in roadway". I believe that my car was on both occasions parked directly in front of my garage in the car park adjacent to the apartment block and was in no way causing an obstruction.

They have threatened to pass the matter on to a debt collecting agency which will increase both of the charges from £100 to £150 each.

I now feel I should make representations to them but more than the 28 days stated in their Notice to Keeper has now elapsed. I understand that they don't now have to consider my representations. Any advice would be much appreciated.

The_Slithy_Tove

Constantgardener wrote: »

... or just pay the charges ?

Are you kidding? Why on earth would you want to do that? You ignored them to begin with, so you obviously had no intention of paying these scumbags from the get-go. For goodness sake, why would you want to pay them now?

More practically, what exactly does your lease say about parking?

Coupon-mad

So you are now in 'ignore mode' so stay there. POPLA is no longer your way of winning this (which it would have been if you'd sought advice earlier). Sit through the usual letters from typical debt collectors, which are shown in the PPC letters chains thread.

We do not advise responding at all. If you feel you have to respond, you must be certain you can word a letter telling them to 'put up or shut up' (effectively) without stating who was driving or making any admissions at all. Unlike the post above where you've made loads of admissions.

Constantgardener

Thanks for your responses. my concern is the likely increase in the charges.

The apartment lease states that the Lessee covenants:
Not to park or allow to be parked any car van or other vehicle on any part of the Reserved Property or the Development or the Estate (other than in such places (if any) as shall be provided thereof and save only to such extent and subject to such conditions as may be permitted by law and by such other regulations as may be imposed by the Lessor or its managing agents.


It also shows my garage as my only parking space on the attached plan. I suppose, technically, if I parked it there I would be in breach of contract by not complying with the lease parking conditions. My contention, however, is that the very limited parking has been designed to create a cash cow for the management company and/ or the freeholder. I am amazed that the local council highways department ever passed the original planning application with such limited parking. The lease mentions visitor spaces but I have yet to find any, there are none in the car park adjacent to our block.

The_Slithy_Tove

Since that lease wording does put you on the back foot a bit, C-M's advice of keeping quiet is the best option.

They can allege you are in breach of their terms. But then, the landowner (freeholder) can then ONLY demand damages/losses, i.e. how much they are out of pocket for your transgression. Luckily, that would be a big, fat zero, unless they could somehow prove that it had really cost them money (costs of running a PPC don't count).

If you are a serial "offender" they may be tempted to take it to court, but it would have to be the landowner who does this, unless their contract with the PPC actually allows the PPC to do so. This is unlikely. So, keep quiet. ONLY if real court papers show up do you need to do anything, at which point with help from here and pepipoo, you'll be able to get them to back down.

Coupon-mad

Ignore it, and if the PPC have a rush of blood to the head with a speculative court claim there is plenty of 'unenforceable penalty' case law, OFT Guidance and previous county court decisions that you could include in a robust defence to send them packing - or to very likely win it for you if they actually decided to put it before a judge.

Constantgardener

Thanks to all for your excellent advice. I am now fully up for it. !!

Constantgardener

I have now received a County Court Claim Form, how do I proceed now ? Any advice would be much appreciated.

kirkbyinfurnesslad_2

Who is the ppc???

esmerobbo

kirkbyinfurnesslad wrote: »

Who is the ppc???

£5 on PPS.

Constantgardener

I'm not sure it's a good idea to disclose that, as previous advice has been not to.