Notice to Keeper - UKPC - Home Owner

honest_home_owner

bazster wrote: »

This is the third time they have ticketed your car on your property? If I were in your shoes I would get a Letter Before Action off to them right now demanding £200 damages for trespass and giving them 2 weeks to cough up otherwise you'll be off to the County Court (Small Claims Track). Oh, and find out who hired these morons (some management company I'm guessing) and get a similar letter off to them telling them that you are holding them jointly and severally liable for the actions of their agent, so you'll see them in court too if necessary

Yep third time. Dont immediatly fancy court, but taking them down the popla route to cause them discomfort is my first choice. I see it as a matter of confidence building.

I appreciate all the help and support, but I need to experience things for myself to, if that makes any sense to you?

Seeing how Popla goes will then consider the legal road.

bazster

honest_home_owner wrote: »

Hey bazster,
unfortunatly I choose to live on a development thats 80% bought to let. The other freeholders believe there is a massive parking problem as this is what their tenants tell them.
Management agents refuse to accept responsibility stating that the management company are responsible. No one on the management company are interested in talking about the private parking company (because they dont live there I suppose)

So I am waging a one man crusade in this event.

A claim for damages for trespass ought to get their attention!

honest_home_owner

Guys_Dad wrote: »

Good work by HO87.

May I just ask about this freehold space? You are not a leaseholder of a property in which the freehold is held by the leaseholders themselves via a management company.

Hope you can clear that bit up.

Oh yes I am the freeholder, registered with land registery and the plans the solicitors provided have my property all lined in red so you cant miss it!

Guys_Dad

honest_home_owner wrote: »

Hey bazster,
unfortunatly I choose to live on a development thats 80% bought to let. The other freeholders believe there is a massive parking problem as this is what their tenants tell them.
Management agents refuse to accept responsibility stating that the management company are responsible. No one on the management company are interested in talking about the private parking company (because they dont live there I suppose)

So I am waging a one man crusade in this event.

I am still confused. Who actually owns "the development" parking area? Individuals or a development company? Is your parking space actually on a communal area that is owned by this mysterious development company who presumably appointed the PPCs?

And just what does the management company "manage"?

HO87

honest_home_owner wrote: »

Yep third time. Dont immediatly fancy court, but taking them down the popla route to cause them discomfort is my first choice. I see it as a matter of confidence building.

I appreciate all the help and support, but I need to experience things for myself to, if that makes any sense to you?

Seeing how Popla goes will then consider the legal road.

Sending the LBA doesn't oblige you to any further action whatsoever (its meant as a line in the sand - nothing more) but will grab their attention far more dramatically than, what they may view as a run-of-the-mill POPLA appeal.

UKPC have been down this road before and have come off worse. They will not want to have to cough up another £1500 lump like they did last time in Worcester. It also gets them off your property now, not in six weeks or six months. If it is your property then treat it as such. They have no right to be on it so chase them off. If they mess up then you could, if you so wished, take them to court. They will probably settle given their previous experience and the same goes for Zenith Collections aka DR+ who have also fallen foul of LBA's before and promptly paid over cash to make the cases go away. I understand your reluctance but these companies exist to squeeze money out of small people. Turn the tables.

Pealicious

Hi everyone

I have had a look through this forum - to which I am so new I don't even know how to start a new thread - but none of the cases are quite the same as mine so I would realy appreciate some advice. I will summarise:

• I parked in Eden car park High Wycombe. On the 2nd floor is an area ion the corner which has a line at the back of it and enough space to park 2 cars but no marked bays as such.
• The same area on the floor below has cross hatching and signage for motorbike parking but nothing on the 2nd floor to indicate you may not park there
• I received NTD on windscreen with £100 - reduced to £60 if paid in 14 days - stating not parked correctly within markings of bay
• There are small signs near the lift area stating you need to park within marked bays (I found these afterwards ofcourse!)
• I had already paid for parking by the time I returned to my vehicle so no losses incurred
• Worst of all I have now lost the ticket they kindly stuck on my car

Please can anyone tell me what to do. Appeal - this means contacting them to tell them i have lost my ticket and no doubt admitting to being driver - or ignore and risk court.
I am very worried but will sit tight and ignore if advised to do so - I am aware of a change in the law and this is of concern.


Many thanks all

• I am not the registered keeper

nigelbb

I am certain that I have seen a case exactly like yours not so long ago over on http://forums.pepipoo.com/index.php?showforum=60 In that case as I recall the motorist won an appeal at POPLA as the photographs of the signs & markings (or lack of) supported the appeal. It may well be the same car park.

There are good tactical reasons for not responding to a NTD but waiting for the Notice To Keeper to come through the post.

Guys_Dad

Pealicious wrote: »

Hi everyone

I have had a look through this forum - to which I am so new I don't even know how to start a new thread - but none of the cases are quite the same as mine so I would realy appreciate some advice. I will summarise:

• I parked in Eden car park High Wycombe. On the 2nd floor is an area ion the corner which has a line at the back of it and enough space to park 2 cars but no marked bays as such.
• The same area on the floor below has cross hatching and signage for motorbike parking but nothing on the 2nd floor to indicate you may not park there
• I received NTD on windscreen with £100 - reduced to £60 if paid in 14 days - stating not parked correctly within markings of bay
• There are small signs near the lift area stating you need to park within marked bays (I found these afterwards ofcourse!)
• I had already paid for parking by the time I returned to my vehicle so no losses incurred
• Worst of all I have now lost the ticket they kindly stuck on my car

Please can anyone tell me what to do. Appeal - this means contacting them to tell them i have lost my ticket and no doubt admitting to being driver - or ignore and risk court.
I am very worried but will sit tight and ignore if advised to do so - I am aware of a change in the law and this is of concern.


Many thanks all

• I am not the registered keeper

You have to start a new thread. There is a protocol on this forum one thread per OP.

Go to here http://forums.moneysavingexpert.com/forumdisplay.php?f=163 There is a bl**dy great button saying "New thread" Click it!

The_Slithy_Tove

Pealicious wrote: »

Please can anyone tell me what to do.

Yes. Don't hijack threads which are completely unrelated. Start your own, please.

Pealicious

thanks all and sorry for 'highjacking' thread - feel like a right plum now - sorry everyone! will start new thread as advised.