We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

PCN at my own flat

13567

Comments

  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    nas786 wrote: »
    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 above
    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:
  • nas786_2
    nas786_2 Posts: 25 Forumite
    Stroma wrote: »
    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.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    nas786 wrote: »
    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!
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 12 October 2013 at 5:35PM
    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 NAME
    I'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.
  • Coupon-mad
    Coupon-mad Posts: 155,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 October 2013 at 6:00PM
    nas786 wrote: »
    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 THREAD
  • nas786_2
    nas786_2 Posts: 25 Forumite
    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 appeal
  • nas786_2
    nas786_2 Posts: 25 Forumite
    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.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    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 quickly
    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:
  • Umkomaas
    Umkomaas Posts: 43,745 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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 Street
  • Coupon-mad
    Coupon-mad Posts: 155,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    nas786 wrote: »
    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 THREAD
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.6K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.