PCN on my own land

Coupon-mad

Not bad at all as your case is soooo ridiculous that there is no way this PPC are going to be able to show a contract with you that allows them to issue tickets.

In fact I would add a paragraph that POPLA cannot uphold actions which constitute trespass by a parking company - and this is trespass because you are the freeholder and they have no lawful excuse to be on your land. Quote the comparable recent decision, Davey v UK Parking Control Limited in the Winchester County Court:

On 21.1.2013 after an initial injunction against them, UKPC in an Order by consent gave undertakings to the Court not to enter Mr Davey's land and not to place any Parking Charge Notices on their cars. The Court ordered:
1. Judgment for the Claimants
2. Damages for trespass in a total of £150.00
3. UKPC to pay the motorists/freeholder's costs in the sum of £ 1280.26

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

I think the POPLA adjudicators will enjoy looking that one up and your PPC will think twice about ever going near your spaces again. If they do, copy what Mr Davey did and take out a court injunction and then sue them for the cost and court fees, interest and damages!

I do hope you have made it clear to whoever issues those permits that your spaces are freehold and you will not be bothering with their pathetic 'permit scheme' any more because it was foisted upon you when you had no need of it and the company are trespassing on your land if they go near vehicles parked there.

Hovite_2

Not a bad appeal BUT as the landowner, if it were me, I'd tell them to Foxtrot Oscar and that I revoke any rights to them entering my land. Any entry from this point forwards is demanded as a chargeable entry at £100. This will be enforced through the courts if necessary. If they do not agree to pay this charge then they should NOT enter the land.

Umkomaas

krryd9 wrote: »

Here goes, I have used alot of other posters material but it probably needs quite a bit of work.

I am writing to appeal to you to cancel this parking charge against me by PTL for the following reasons.
First of all I would like to point that I am the FREEHOLDER of XX, XXXX Rd XXXXXX. As registered with The Land Registry. I have enclosed a copy of MY title deeds to show that I OWN 2 car parking spaces. As the photo's taken by a PTL operative show, my car index No XXXXXX was correctly parked on one of MY parking bays.

1.
I do not have and have never had a contract with anyone to make parking charges on vehicles parked on MY land.
In their correspondence with me, PTL have not produced any evidence to demonstrate that they have the necessary legal requirement to charge the driver of a vehicle using MY spaces without a displayed permit, nor that they have any propriety interest in this particular piece of land. This is a clear breach of BPA CoP (7.1).
I therefore require PTL to produce an up to date signed copy of any agreement or contract they have with ME to impose such charges.
I also require evidence that any contract they do have, overides MY freehold of the land.
I require that these are actual copies and not simply a document which claims such an agreement or contract exists. A witness statement will not satisfy this requirement.

2.

In their refusal of appeal letter PTL stated that. "When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park". PTL have failed to explain to me, with whom I have freely entered this agreement, and who gives me the permission to park on MY own land.
I require this information, so as to make my case.

3.

If any contract does exist, and it is absolutely denied that it does, the charge imposed does not reflect a genuine pre-estimate of loss. As there are no charges made to anyone parking on MY parking spaces, there cannot be any loss to ME should I fail to display a permit.
PTL have failed to provide a true pre-estimate of loss as set out in paragraph 19 of the BPA's CoP, V3 of June 2013.
I therefore require that PTL provide a detailed breakdown of the £100 charge to show how the landowner (ME) has lost this amount due to a permit not being displayed.
It should be noted that losses cannot include operating costs such as wages, uniforms, signage and general running costs.
This £100 charge is clearly disproportionate and accordingly not in line with, schedule 2 (1) (e) of the unfair terms in consumer contracts regs 1999, nor as described in the BPA code of practice.





It all sounds a bit jumbled now I have typed it but i am hoping you will make some sense of it and iron out the wrinkles.

Definitely getting there - very good first draft.

You will see that I have capitalised and emboldened to emphasise the MY element of all this.

This is just ridiculous beyond all imagination.

Guys_Dad

Signs. None? Then get that in too.

I would think hard about sending any copy of deeds to them. Can you send just relevant extracts?

prowla

Hovite wrote: »

Not a bad appeal BUT as the landowner, if it were me, I'd tell them to Foxtrot Oscar and that I revoke any rights to them entering my land. Any entry from this point forwards is demanded as a chargeable entry at £100. This will be enforced through the courts if necessary. If they do not agree to pay this charge then they should NOT enter the land.

Precisely - invoice them for unauthorized use of your land for business purposes.

Guest101

Ye id be tempted to ignore the 'appeal', let them take you to court, let them waste their time and money, and the court's time.

simply turn up and say'this is my land' 'i have suffered no loss' & 'they have no contract to operate on my land'.

The look on their solicitors face will ve worth the afternoon off work.

LeeSouthEast

I'm with Guest101 on this. I'd pay good money to hear and watch the judgement!

Half_way

Guest101 wrote: »

Ye id be tempted to ignore the 'appeal', let them take you to court, let them waste their time and money, and the court's time.

simply turn up and say'this is my land' 'i have suffered no loss' & 'they have no contract to operate on my land'.

The look on their solicitors face will ve worth the afternoon off work.

But before you even consider that, contact the parking company and tell them something like this:

Re parking charge notice XXXX
As the registered keeper of vehicle XYZ 123 I recetnly received a parking charge notice from you for non display of a parking permit while my vehicle was parked AT LOCATION.
please note that LOCATION is my own private property, and as such I do not require a permit to park on my own land, as I have already given myself permission to park.
Therefore I have no liability to your company and i am hereby ordering that you take the following action;
Cease and desist pursuing me for this so called parking charge
Cease and desist, with immediate action the issuing of parking charges on my Vehicle, or any other vehicle on my land.
I am hereby withdrawing any right of implied access to my property.
Failure to comply with the above terms may result in further action being taken against you, which may result in a claim being made through the county courts.

krryd9

Half_way wrote: »

But before you even consider that, contact the parking company and tell them something like this:

Re parking charge notice XXXX
As the registered keeper of vehicle XYZ 123 I recetnly received a parking charge notice from you for non display of a parking permit while my vehicle was parked AT LOCATION.
please note that LOCATION is my own private property, and as such I do not require a permit to park on my own land, as I have already given myself permission to park.
Therefore I have no liability to your company and i am hereby ordering that you take the following action;
Cease and desist pursuing me for this so called parking charge
Cease and desist, with immediate action the issuing of parking charges on my Vehicle, or any other vehicle on my land.
I am hereby withdrawing any right of implied access to my property.
Failure to comply with the above terms may result in further action being taken against you, which may result in a claim being made through the county courts.

She has already sent a very similar letter to this with a reponse along the lines of.

As already stated in our letter to you refusing your appeal, we DO NOT ENTER INTO MULTIPLE APPEALS.
You have 3 options
1. Pay us £60 or £100 after 28 days
2.Appeal to POPLA with the loss of discount
3. Do nothing and we will use our debt recovery procedures and may proceed with court action against you.

Umkomaas

krryd9 wrote: »

She has already sent a very similar letter to this with a reponse along the lines of.

As already stated in our letter to you refusing your appeal, we DO NOT ENTER INTO MULTIPLE APPEALS.
You have 3 options
1. Pay us £60 or £100 after 28 days
2.Appeal to POPLA with the loss of discount
3. Do nothing and we will use our debt recovery procedures and may proceed with court action against you.

Number 3 please, don't you bother with paying for any Debt collectors, we'll go straight to court. Let me have the court papers as soon as possible