Capital2Coast - POPLA Appeal Assistance

Hovite_2

So a relative lives in a set of flats that their lease allows them to use the parking spaces - no mention of permits. Some busybody at the development has managed to get these scammers involved. The relative got an invoice the other evening due to not displaying a permit in the courtesy car they currently have. Then a second invoice the next day.

I'm helping said relative appeal to C2C on the basis of the lease trumps their pathetic contract any day of the week. Obviously the aim is to get a POPLA code ( assuming they don't just roll over and die with the first appeal ).

Anyone have any experience of them ? Many POPLA cases ? Many court cases ?

The_Slithy_Tove

If you search for C2C on this forum, you'll see they do come up now and again. Fairly toothless, I think.

You are doing the right thing in appealing and then to POPLA. When you get to POPLA, don't rely on the lease argument alone. While it is a watertight argument, POPLA have ruled in favour of the PPC in exactly that situation, perverse as it is.

Part of the argument will be for C2C to prove they have a contract with the landowner, which they won't. Their contract with the management company is not good enough, as the managemt company will not have the authority to grant the rights to pursue tickets on the land from the owner (which will be the freeholder).

This is quite a good thread on allocated parking spaces: http://forums.pepipoo.com/index.php?showtopic=78026
The nub of it is that the POPLA appeal must demand that C2C provide:

• A copy of thecurrent signed site agreement or contract with the landowner/occupier of that site
• A copy of the wording of the current imposed permit scheme with proof that the landowner andthe current residents have agreed to/been informed about it
• Evidence that C2C are legally enabled to override the prior rights, covenants and easements enjoyed by the residents under their lease/rental agreements
• A current map ofall the areas and bays of that car park where the permit scheme is and is not applicable, as agreed with the landowner/occupier
• Contemporaneous photos of the actual signs on site taken from the view of the driver of a carat the entrance and in the car park
• A definitive map of where these signs are in that particular car park
• A detailed breakdown of how the amount of the 'charge' was arrived at.

They won't be able to!

If you want to be troublesome, get that relative to stop displaying their permit, and start collecting charge notices, each of which will cost C2C £27+VAT at POPLA. They may give up eventually.

Also, instruct the management company that their pet goons (C2C) are trespassing on your relative's land and they must cease doing so henceforth, and you are withdrawing any right of access to that land.

Ultimately, there is this approach: http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass-

Hovite_2

Thank you - couple of extras there I hadn't thought of.

If it were me I would get troublesome but the relative just wants both invoices cancelled.

Coupon-mad

Hovite wrote: »

Thank you - couple of extras there I hadn't thought of.

If it were me I would get troublesome but the relative just wants both invoices cancelled.

I think C2C are ex-clampers so you will beat them hands down at POPLA. Shouldn't think they can even spell 'evidence' let alone put together any that will win at POPLA!

Hovite_2

Well, well, well - what a surprise - appeal turned down ! It would appear this bunch of scammers don't understand leases. Now the fun begins.

They clearly don't want people appealing to POPLA, see how the number was given but with no explanation of what it was for or how to appeal to them !!!!!

" [FONT=&quot]We are therefore unable to cancel the Fixed Charge Notice as it was issued correctly and you are[/FONT]
[FONT=&quot]required to make a payment of £60 to reach us by 00/00/2013 or £100 to reach us by 00/00/2013 in[/FONT]
[FONT=&quot]order to avoid this being passed on to our debt recovery specialist and/or to avoid court proceedings.[/FONT]
[FONT=&quot]further action will incur additional costs. The impartial appeals board have made this decision based on[/FONT]
[FONT=&quot]factual evidence and now deem this matter closed all future correspondence to Capital 2 Coast will not[/FONT]
[FONT=&quot]be answered. www.popla.org.uk 0123456789"[/FONT]

Umkomaas

!!!!!! is the 'Impartial Appeals Board' :rotfl:

Hovite_2

Umkomaas wrote: »

!!!!!! is the 'Impartial Appeals Board' :rotfl:

Yes that made me snigger. I think it's C2C trying to make people think that the appeal went to POPLA which would also explain why they don't explain what the code is for.

Guys_Dad

When you come to appeal this one with the standard appeal points, the contract point needs to be a twofold one.

You ask for a copy of the contract that permits the PPC to levy charges (as normal) but you also say that you want to see the contract between the landowner and whoever contracted with the PPC, if that wasn't the landowner, so that you can determine if the actual landowner has granted the management company or lessee the authority to being in a PPC with rights to levy charges on leaseholders and residents.

I have to say that I have copies of a contract between a landowner and the management company that gave them absolute rights to do virtually anything and, of course, we have the lease from the Council at Fistral Beach that gives Britania carte blanche as well.

Your main point will be the genuine pre-estimate of loss.

Umkomaas

Hovite wrote: »

Yes that made me snigger. I think it's C2C trying to make people think that the appeal went to POPLA which would also explain why they don't explain what the code is for.

Sounds like they've been taking advice from Trev at ANPR Ltd :rotfl:

Hovite_2

Guys_Dad wrote: »

When you come to appeal this one with the standard appeal points, the contract point needs to be a twofold one.

You ask for a copy of the contract that permits the PPC to levy charges (as normal) but you also say that you want to see the contract between the landowner and whoever contracted with the PPC, if that wasn't the landowner, so that you can determine if the actual landowner has granted the management company or lessee the authority to being in a PPC with rights to levy charges on leaseholders and residents.

I have to say that I have copies of a contract between a landowner and the management company that gave them absolute rights to do virtually anything and, of course, we have the lease from the Council at Fistral Beach that gives Britania carte blanche as well.

Your main point will be the genuine pre-estimate of loss.

Thank you - they'll both be requested. I'm also going to ask for evidence that the C2C contract overrides the lease providing a free parking space to the leaseholder with no conditions.

The_Slithy_Tove

And don't forget to throw in the breach of BPA Ltd AOS Code of Practice, which states that they must provide information on how to appeal to POPLA. What they provided was nothing of the sort, and a deliberate attempt to obfuscate and hide your right to appeal.