PCN on my own land

Stroma

Ask them if you can choose option 3 as you would like to see how they deal with the fact that they are ticketing on your land, I to would pay damned good money to see that. Still popla is the correct action to take.

Can I ask is she parking there now with or without a scrap piece of paper on the windscreen ?

spacey2012

If they are entering the land without the title owners permission they are trespassing, in this case they are engaging in commerce on the land owners land without permission.
Once they have been informed they are trespassing and must desist it becomes aggravated trespass once they refuse to follow an instruction not to repeat the trespass.
This is a criminal offence of aggravated trespass, if they are making repeated demands for money not owed on the land they are committing criminal damage as defined by tort against persons, this does not require a loss as it is criminal law and the OP can clearly demonstrate that the behaviour of these trespassers is causing alarm and distress.

She is well with her lawful right to wait for the "warden" warn them not to enter her land making demands for monies and when they refuse by the placing of hands upon them inform them they are under citizens arrest for aggrevated tresspas and summons a constable of the law to take charge of the suspect.

This is what I would do.
This is common law and your right.
enough messing about with silly contracts that don't exist.
Aggravated trespass and the causing of alarm and distress is a criminal offence.
Warn, citizens arrest for ignoring , call the police.
If a witness can be present all the better.

But once they ignore your demand to leave your land and nor re-enter they commit an arrestable offence.
Time to put them in their place, catch them at it.

Guest101

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.

Reply to this letter, stating clearly the following.

Dear mr scumbag,

thank you for your letter - ref: dated: . I am grateful to you for confirming that you have rejected my appeal.

I ehereby give you legal notice that I am removing all implied rights of access to my property. Any contravention to this will be deemed tresspass and I will e seeking rememdy through the courts.

As I have previously stated, the land where my vehicle was parked is privately owned by me, who has no contract with you; and I, as the landowner, give myself full permission to park there and suffer no loss in doing so.

Since you have chosen to ignore these facts, ANY further contact from yourselves, or any third party acting on your behalf, will be deemed harasment, and I will again be seeking rememdy through the courts.

You now have 2 options:

1: cancel this ticket, never step foot on my land again, and take your business elsewhere

2: issue court proceedings. I welcome the chance to bend you and your company over in front of the courts.

Many kind regards,

etc

103Rich

I'm really enjoying this thread. If anything ever showed up what a nonsense all these fake PCN's are its this. It will get cancelled at POPLA no doubt but I'd be wanting my day in court if I were your daughter. And like others on here I'd ask fur their option 3 to be insituted. I'd also go down the "Davey" route too but we're all different with the amount of aggro we want in our lives! Perhaps if it does go to court we could have a forum trip out to watch/lend support? ��

krryd9

Stroma wrote: »

Ask them if you can choose option 3 as you would like to see how they deal with the fact that they are ticketing on your land, I to would pay damned good money to see that. Still popla is the correct action to take.

Can I ask is she parking there now with or without a scrap piece of paper on the windscreen ?

She is still parking there and unfortunatley with the scrap of paper. She could not possibly risk it all going t--ts up. But if the POPLA appeal goes in her favour, different story.

103Rich

spacey2012 wrote: »

If they are entering the land without the title owners permission they are trespassing, in this case they are engaging in commerce on the land owners land without permission.
Once they have been informed they are trespassing and must desist it becomes aggravated trespass once they refuse to follow an instruction not to repeat the trespass.
This is a criminal offence of aggravated trespass, if they are making repeated demands for money not owed on the land they are committing criminal damage as defined by tort against persons, this does not require a loss as it is criminal law and the OP can clearly demonstrate that the behaviour of these trespassers is causing alarm and distress.

She is well with her lawful right to wait for the "warden" warn them not to enter her land making demands for monies and when they refuse by the placing of hands upon them inform them they are under citizens arrest for aggrevated tresspas and summons a constable of the law to take charge of the suspect.

This is what I would do.
This is common law and your right.
enough messing about with silly contracts that don't exist.
Aggravated trespass and the causing of alarm and distress is a criminal offence.
Warn, citizens arrest for ignoring , call the police.
If a witness can be present all the better.

But once they ignore your demand to leave your land and nor re-enter they commit an arrestable offence.
Time to put them in their place, catch them at it.

I really like this suggestion 😊

Guest101

krryd9 wrote: »

She is still parking there and unfortunatley with the scrap of paper. She could not possibly risk it all going t--ts up. But if the POPLA appeal goes in her favour, different story.

They'll just issue another and another and another, she needs to stand up for her rights as a landpowner.

Umkomaas

I'm afraid I wouldn't be placing any bit of paper in my car on my land to comply with any nonsense from a PPC.

In fact I'd want to collect as many of their fake PCNs as possible, which would hopefully advance the prospects of a court hearing.

krryd9

My Daughter has appealed to POPLA using pretty much the draught I posted earlier. She has had an email from the PPC with copies of their 'evidence' which they have submitted to POPLA, this includes,

photos of my daughters car,

site and signage photos,

a 'BREAKDOWN OF COSTS' letter,

a copy of the deeds for the development, hi-lighting the facts that, commercial vehicles should not be parked in the spaces and you shouldn't park on the gardens, neither of which apply to her PCN,

A copy of a plan for the development, which has outlined someone else's house and 2 parking spaces.

A letter from the neighbour informing PTL of the 'start date for the location'


and the following added notes; (word for word inc punctuation)

Dear Sir/Madam

I wish to add to the notes that as regards to the notes that the appellant states that I would not produce a copy of the contract with the landowner.
Parking Ticketing Limited would not release information of the contract holder to a resident unless it was to a court for legal reasons.
As per our conditions with the contract holder, that this is strictly private and confidential between ourselves and the contract holder.
The appellant did not state this in the original appeal for contract details neither did they mention pre-estimate loss in the original appeal so this would have not been addressed in the appeal response.
If the signs have been erected then this means that there is always contract in place from the start.
The signs have been erected and as you can see that the location is correct marked bay and to display a valid PTL permit in the windscreen.
I have included a copy of the deeds for the location and a site map for the location.
Plus I have included the letter for the pre-estimate loss, please see G2.

Kind Regards

Appeals Dept.

I know my written English is not too great but, dear me.

The POPLA hearing is due to take place in 7 days if they do not here from her before.
Do you think my daughter should respond to this 'evidence' in additional notes to POPLA? in particular the "If the signs have been erected then this means that there is always contract in place from the start" perhaps using Davey as reference.

Hovite_2

Please tell me that your daughter pointed out that SHE is the landowner ? If so then this PPC are looking very very very very stupid !