PCN on my own land

Umkomaas

@krryd9 - do you already have a POPLA code from the PPC? If not, you will need that and to get it you will have to put in an appeal to the PPC.

I find that just so galling - to have to go through this hoop (and POPLA for that matter) because someone trespasses on your property and then attempts to extract money from you for parking your car on your property, and with absolutely no legal right to do so.

If that warden came on my driveway, he'd be leaving with a limp for life and be well on his way to a Blue Badge of his own.

And I'd be going round to have a (less-than-friendly) word with the Norris Cole of the estate. Just what the hell has he unleashed on your daughter's neighbours, seemingly without consultation. In his shoes, I'd be looking to move home sharpish.

kirkbyinfurnesslad_2

krryd9 wrote: »

Would the fact that apart from the night she got the PNC, she has displayed a permit, suggest that she must have thought a contract was in place?

No you are thinking of it the wrong way round.

They need to prove a contract exists between who ever installed the ppc and the ppc

You will win easily at popla. Take my advice seriously about threatening to sue them for trespass

Umkomaas

kirkbyinfurnesslad wrote: »

No you are thinking of it the wrong way round.

They need to prove a contract exists between who ever installed the ppc and the ppc

You will win easily at popla. Take my advice seriously about threatening to sue them for trespass

I wholeheartedly agree here. And I'd be telliing Norris Cole that he will be named in the court proceedings you are about to instigate.

That will cure his constipation!

spacey2012

She could waste her time with POPLA trying to cost the PPC money, but all this takes time effort and mental energy.
Just put the tickets and stupid letters in a shoe box and see if they are stupid enough to send court papers.
Then she gets a payout for trespass and harassment not popla.
Why bother with the hassle, let the stupid ppc waste its time and paper.

Coupon-mad

spacey2012 wrote: »

She could waste her time with POPLA trying to cost the PPC money, but all this takes time effort and mental energy.
Just put the tickets and stupid letters in a shoe box and see if they are stupid enough to send court papers.
Then she gets a payout for trespass and harassment not popla.
Why bother with the hassle, let the stupid ppc waste its time and paper.

Because most people would rather have the last laugh by winning at POPLA at the PPC's own expense. And it's easy to win at POPLA with the right wording (The OP needs to read POPLA appeals of course and not assume that a 'normal appeal' is right for POPLA stage).

Rather a one-letter or online appeal to POPLA than to worry about some possible future small claim for months/years. Most people would prefer not to have even the vague possibility of a court claim hanging over them as a possibility, even if the claim would be utter rubbish!

The_Slithy_Tove

krryd9 wrote: »

She went and asked the gentleman who organised the scheme and asked to see the contract, he said there isn't one, he thinks the company (Parking Ticketing Ltd) just gave him a leaflet.

Gets better and better. So this company is working with no contract in place, and therefore no authority to operate in that area, randomly ticketing cars. This is quite apart from the fact they are operating on people's freehold properties without the freeholders' permission. They may as well walk down a normal street and ticket cars in people's driveways.

Seeing as there is no contract, couldn't their behaviour be deemed illegal in some way?

This will never go near a court (not instigated by the PPC anyway ). But I still favour the multiple tickets, multiple POPLA appeals approach to make it hurt them.

Oh, and tell all your neighbours it's a complete scam, and never to pay these scum if they or their visitors are unlucky enough to get a ticket from them.

Guys_Dad

Absolutely. With this sort of thing, you need to lance the boil.

Appeal saying they have no contract with you and your land is freehold. Agree, cancel the ticket and never ticket me again, of let's do POPLA.

Couldn't be easier or more straightforward. No real need for further advice but I suspect we all want to see their reply.

Guest101

krryd9 wrote: »

My Daughter recently bought a house where there is a shared car park, it states on the deeds that 2 spaces are designated to her house. Not long after she moved in one of her neighbours told her that they had been having a few problems with people parking in their spaces and the other residents were going to employ a private parking company (PPL) to enforce the parking. She was later given 6 permits to cover herself ,family, and friends who wish to park in the 2 spaces she owns. As she was a 'newbie' she did not show any objection to this. The system started about 6 weeks ago and she has been displaying the permit as required, but unbeknown to her, the permit must have fallen off of the dash'. She awoke the next morning to discover that at 4am a 'parking ticket' had been placed on her car , which was correctly parked in the space she owns. She phoned the phone number provided, to explain and was just met with a monotone voice repeating "Can you not read". She appealed to PPL but they have turned down her appeal stating the warden could not have possibly known it was her car in her space and it was not their policy to accept mitigating circumstances. I think this is just so wrong. What do you think she should do please?

Private parking companies work for the LLs, the LLs (owners of the land) can cancel any ticket, no they cannot charge her for parking on her own land. I doubt she needs to appeal this even. The simple fact is, she owns the land, she can do whatever (within any covenants) she wants with the land.

She should write. yes a letter, to this company, to say that she does not wish for this person to be prosecuted on her land, her entitlement to do so, as the LL who employs this company.

Where's the contract which she signed? and if there is no contract, then there is no ticket, simple

MathewB

I was thinking the same thing, write to them telling them you are the landowner and that you expect that the invoice will be cancelled.

Also advise that as the landowner you do not wish for the two bays that you own to be part of the area that they are enforcing.

Hovite_2

spacey2012 wrote: »

She could waste her time with POPLA trying to cost the PPC money, but all this takes time effort and mental energy.
Just put the tickets and stupid letters in a shoe box and see if they are stupid enough to send court papers.
Then she gets a payout for trespass and harassment not popla.
Why bother with the hassle, let the stupid ppc waste its time and paper.

In this instance, as she clearly holds the freehold, I agree with your stance.

If it were me I would file the letters and remove the permit. I would then send a strongly worded LBA to the PPC. Not an appeal, forget POPLA.