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PCN on my own land

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Comments

  • Umkomaas
    Umkomaas Posts: 43,177 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think they must have asked Trev to help them draft that letter :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • David_Aston
    David_Aston Posts: 1,160 Forumite
    1,000 Posts
    While accepting that this affair looks like an unfortunate incident which should ultimately cost the posters daughter nothing, I am intrigued with the reason the scheme was initially set up. Is everyone responding to this post, saying it will really be better, if just occasionally the owners of the parking spaces came back to find strangers cars parked on them?
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We are responding because having a PPC on site making a profit any time someone's permit slips, or a visitor tries to deliver something, is NOT the answer.

    Indeed in the situation you describe, if a neighbour comes home to find a rogue car in their space GUESS who would also get a fake PCN? Yep, the neighbour who would have had to park out of bay! Happens all the time and these horrendous firms only make money when they find a victim. This is not a fair industry and this is NOT a nice firm to invite into a resident's car park.

    The simple answer if the neighbour was getting fed up with not having 'their' bay free each day would be for that neighbour to put in a simple, cheap, retractable parking post with a key (costs about £40 and easily found online). Or a chain across delineating their own bay. Job done.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    krryd9 wrote: »
    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.


    I would indeed do a quick response to POPLA saying 'glad you are about to make a decision. Now that we have seen the PPC's evidence I would like to point out that:

    {everything you said above, tear into all of it, point out every omission}!

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • krryd9
    krryd9 Posts: 19 Forumite
    Hi All, Thanks for all your help. The POPLA appeal was allowed on the first point of appeal (GPEOL) so did not even get to contract with landowner etc.
    PS Not sure if PPC have removed them or someone else has got a PCN and gotten a bit angry, but the signs have all been taken down.
  • Stoke
    Stoke Posts: 3,182 Forumite
    Firstly, your daughters neighbours are a bunch of numpties. There's many better ways of doing this than getting PCN clowns involved.

    Secondly, I would call the company, inform them that you're the landowner and that their rights of access have now been revoked for that area. If a ticket is found on the car, you will consider this trespassing and that you will be bringing legal action. Inform them that you consider the matter resolved and the ticket invalid.

    Edit: Good to see it was naughty. Tell your daughters neighbours they are complete spanners though.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Well done to you
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Stoke wrote: »
    Secondly, I would call the company, inform them that you're the landowner and that their rights of access have now been revoked for that area. If a ticket is found on the car, you will consider this trespassing and that you will be bringing legal action. Inform them that you consider the matter resolved and the ticket invalid.
    Use this as your template of how to do this: http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass-
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    krryd9 wrote: »
    Hi All, Thanks for all your help. The POPLA appeal was allowed on the first point of appeal (GPEOL) so did not even get to contract with landowner etc.
    PS Not sure if PPC have removed them or someone else has got a PCN and gotten a bit angry, but the signs have all been taken down.



    Could you post your successful Assessor's decision in the POPLA decisions sticky thread for posterity please? With a link to this thread so people can read it all. Many thanks and well done!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • krryd9
    krryd9 Posts: 19 Forumite
    Would love to but not got a clue how to.
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