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PCN at my own flat
Comments
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So what's my legal issue here?
There is no legal issue, there are no laws around private parking! The law of contract is not specifically for parking, but the laws around contract must be fair, this situation won't go beyond writing a few letters and that's it cancelled.
Read that thread I linked to aboveWhen 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:0 -
There is no legal issue, there are no laws around private parking! The law of contract is not specifically for parking, but the laws around contract must be fair, this situation won't go beyond writing a few letters and that's it cancelled.
Read that thread I linked to above
I read the thread and post #49 relates specifically to my circumstances and that appeal was rejected by POPLA.0 -
I read the thread and post #49 relates specifically to my circumstances and that appeal was rejected by POPLA.
But that post relates to a very poorly researched appeal with no reference to the slam dunk winning "Not a Genuine Pre-estimate of Loss" argument.
Please listen to the regulars on here that know what they are talking about, and stop finding reasons to to trip yourself up!0 -
NAME
ADDRESS
DATE
Dear Sirs
PCN Number xxxxx
Vehicle Reg Number xxxx
I am the registered keeper of the above vehicle.
I wish to appeal against the parking charge on the following grounds:
1 I am the owner of flat number [xxx] and the leaseholder of the parking space in question and I most certainly did not give your company permission to levy a charge on my vehicle. Further I do not believe that the landholder (ie the freeholder to whom I pay my ground rent for the privilege of parking my car in my own parking space) has given your company authority to levy a charge on my vehicle - or to take me to court for that matter; and
2 The sum claimed is not a 'genuine pre-estimate of loss' in any way, shape, or form. I do not pay for parking in my own space, the landowner does not get any fee for me parking in my own space (other than the ground rent which I pay religiously and on time), and your company does not charge for parking in the space either. So NO-ONE has suffered any loss because I parked in my own space.
In the circumstances I expect you to cancel this charge. If you refuse to do so, then you must send me a verification code in order for me to appeal to POPLA (which will mean you throwing away £27 + vat, as we both know that POPLA will uphold my appeal).
Yours faithfully
PRINT NAMEI'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
But I thought that POPLA would enforce the charge as my permit wasn't on display. It clearly states on their website that this does not count as mitigating circumstances.
Are you certain about the pre-estimate of loss being a certain winner? I feel like I'm clutching at straws to find any reason to get these scammers off my back
You won't be appealing to POPLA on that basis or you would lose.
Send zzzLazyDaisy's response immediately to UKCPS and also I always say, when it's UKPCS, please Google these words:
'UKCPS address the factual issues'
...and read any threads on here or an pepipoo which come up as results, from May onwards only. Read about UKCPS' letters and how they won't send a POPLA code and you will need to write twice. Be ready for them. DO NOT believe the ticket if it mentions an email address because you cannot email an appeal to UKPCS.
Also see this thread from today as well where I warned the poster about the games UKCPS play:
https://forums.moneysavingexpert.com/discussion/comment/63427791#Comment_63427791
IT IS IMPORTANT YOU UNDERSTAND THAT UKCPS ARE NOT A NICE FIRM. YOU REALLY WANT TO OPT OUT OF THIS UTTERLY POINTLESS AND PUNITIVE PERMIT SCHEME IMMEDIATELY, AS YOU ARE ALLOWED TO (of course, this is your space, your property!).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 THREAD0 -
Coupon-mad wrote: »You won't be appealing to POPLA on that basis or you would lose.
Send zzzLazyDaisy's response immediately to UKCPS and also I always say, when it's UKPCS, please Google these words:
'UKCPS address the factual issues'
...and read any threads on here or an pepipoo which come up as results, from May onwards only. Read about UKCPS' letters and how they won't send a POPLA code and you will need to write twice. Be ready for them. DO NOT believe the ticket if it mentions an email address because you cannot email an appeal to UKPCS.
Also see this thread from today as well where I warned the poster about the games UKCPS play:
IT IS IMPORTANT YOU UNDERSTAND THAT UKCPS ARE NOT A NICE FIRM. YOU REALLY WANT TO OPT OUT OF THIS UTTERLY POINTLESS AND PUNITIVE PERMIT SCHEME IMMEDIATELY, AS YOU ARE ALLOWED TO (of course, this is your space, your property!).
I'm starting to get worried now. I'll write in my appeal, but can't see how I'm going to get through the POPLA appeal0 -
zzzLazyDaisy wrote: »1 I am the owner of flat number [xxx] and the leaseholder of the parking space in question and I most certainly did not give your company permission to levy a charge on my vehicle. Further I do not believe that the landholder (ie the freeholder to whom I pay my ground rent for the privilege of parking my car in my own parking space) has given your company authority to levy a charge on my vehicle - or to take me to court for that matter; and
I'm renting my flat so ground rent is paid by the landlord. And it's the management company that have given the PPC permission for monitoring the car park.0 -
I don't mean to be short with you, but I'm losing the will to live with you! We have been through many appeals with popla, we know what wins! The pre estimate of loss wins 100% of the time!!!!! I repeat that again pre estimate of loss wins 100% of the time.
Stop procrastinating this, we know what we are doing, if you follow our advice you will get this finished quicklyWhen 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:0 -
OP, please follow Stroma's advice without further questions. There are so many people to help, that to try to engage in answering futile ongoing questions, when all has been explained, just takes limited resource away from others who need just the same help as you do.
You are in danger of being 'cast adrift' if you are not going to work on advice given.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 Street0 -
I'm starting to get worried now. I'll write in my appeal, but can't see how I'm going to get through the POPLA appeal
The POPLA appeal is by post or a simple online submission, using examples from here. How hard is that?! Everyone here does it and they are all newbies at first.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 THREAD0
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