private residential area pcn

kbeast01

Me and my partner both live on a private residential estate. A few week ago we had both parked in a layby outside the entrance to our apartment block as we were loading shopping into our building. Tue layby has double yellow lines and a signage around it as does the car park attached but it has been common practice that all the residents use this layby as a loading bay.

While parked there a notice was attached to both our veichles. As expected we have now both recieved a ntk letter claiming breach of terms and conditions from vcs ltd.

I am in the process of writing my appeal to get a popla code as advised and was thinking of going on these points.

1. Although tyere aee signs around the whole site there is no sign at the entrance to the private property which breaches bpa guidelines.

2. Vcs seem to be worling on behalf of the site management team in their actions but the site managent team only maintain and manage the site on behalf of the residents for a yearly fee. The land is actually owned by another individual who leases the land to the company that made the apartments. This i think would make it hard for them to produce permission to act on behalf of the land owner.

3. No legitemate loss of earnings. The car park attached is free and the management company cant possibly of made a loss from our actions. I cant see any way they could show they have.

Im also keeping my eye out because occasionaly they reserve spots by putting an a4 sign up saying "do not park here or you will get a fine" if i see this i will get a photo. I have attached a photo of the entrance. What do you guys think.

This forum has a wealth of infp and sorry if i have missed anything

Coupon-mad

Sounds good; they are bound to reject it or ask who the driver was so be ready for their rubbish reply, and to maybe have to respond again to extract a POPLA code out of them by hook or by crook. It will be your golden ticket!

Don't send letters by recorded delivery, waste of money to a PPC and they may get delayed if they won't sign for them. Just send them 1st class (in the same envelope, why not?!) and get a proof of posting from the PO counter...and keep it safe.

Glad the wealth of info here has helped you to pick out some focussed appeal points and that you knew not to imply who was driving, even though you live there.

If you couldn't add the picture of the entrance sign here as you are a newbie, you could add it as a broken link instead by removing the http:// from the URL of the host page on tinypic or photobucket.

kbeast01

dropbox.com/s/gh3gcli0gzx4pnr/2013-11-17%2013.42.44.jpg[/url]

Thats the link to the entrance minus the www.

kbeast01

Yea that sounds good. Ill post a copy of my appeal letter to the ppc when i have finished it

peter_the_piper

Link not working for me.

kbeast01

Droppbox.com/s/gh3gcli0gzx4pnr/2013-11-17%2013.42.44.jpg

bod1467

!Not Found!

The requested URL /s/gh3gcli0gzx4pnr/2013-11-17%2013.42.44.jpg was not found on this server.

kbeast01

Did you put www. At the start of the link. It wont let me do it as i am a new member. Sorry i didnt make it very clear

Orford

https://www.dropbox.com/s/gh3gcli0gzx4pnr/2013-11-17%2013.42.44.jpg

Coupon-mad

Yep, lots of signs but nothing from the PPC! There are a few small 'exempt' car park scenarios, I seem to recall from the BPA CoP (e.g. if the landowner disallows such signs) but that's not for you to decide. It's a point I would include in any appeal.

kbeast01

There are signs on site but none at the entrance.