Parking ticket at new apartment

krishna87

I was due to move into a new house and the day before I moved in my estate agent called me to say that the current tenant had yet not handed the keys in!!They refunded the referencing fees due to the last minute chaos and offered me a new place and stated that it had allocated resident and guest parking. They did not mention anything about parking permits!! Although it was slightly over my budget, I took it as I had no choice. My uncle and aunt came around to help me move in and later in the evening when we were going out for dinner we discovered that all 3 of our cars had been slapped with a parking ticket!! I appealed it on the grounds that I moved in on a weekend and there was no contact no. to call someone and arrange a parking permit. However, that has now been rejected and I intend to speak to my estate agent about it. Could please someone advise what my rights are and what action I can take in case both my estate agent and landlord decide to rubbish my request.

AoD

Who issued the ticket? Private company or local Council? Assuming the former were you issued a POPLA code? Was this in England / Wales?

Coupon-mad

krishna87 wrote: »

I was due to move into a new house and the day before I moved in my estate agent called me to say that the current tenant had yet not handed the keys in!!They refunded the referencing fees due to the last minute chaos and offered me a new place and stated that it had allocated resident and guest parking. They did not mention anything about parking permits!! Although it was slightly over my budget, I took it as I had no choice. My uncle and aunt came around to help me move in and later in the evening when we were going out for dinner we discovered that all 3 of our cars had been slapped with a parking ticket!! I appealed it on the grounds that I moved in on a weekend and there was no contact no. to call someone and arrange a parking permit. However, that has now been rejected and I intend to speak to my estate agent about it. Could please someone advise what my rights are and what action I can take in case both my estate agent and landlord decide to rubbish my request.

If it's a private ticket how did you miss the sticky threads at the top?

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

HTH, I thought the capital letters in the NEWBIES READ THIS FIRST! thread might make it obvious enough to be read first. Never mind, read it now please.

krishna87

Thanks for your replies. This was in Aylesbury, Buckinghamshire and the tickets were issued by PCM (Im guessing this is private). The letter I have recieved states that I can appeal this decision to POPLA but they havent mentioned anything about the procedure to do it. There is a verification code on the letter, is this the same as a POPLA code?Thank you so much for your help.

AoD

Ah I've seen this letter from PCM. Very naughty and worthy of a complaint to the BPA. The one I saw mentioned POPLA but not how to appeal to them and the POPLA code was not highlighted as such.

So now you have a POPLA code. You must use it within 28 days of issue. Have a read of the many posts on the forum so you can draft your own POPLA appeal. Post it here when you are done.

Coupon-mad

krishna87 wrote: »

Thanks for your replies. This was in Aylesbury, Buckinghamshire and the tickets were issued by PCM (Im guessing this is private). The letter I have recieved states that I can appeal this decision to POPLA but they havent mentioned anything about the procedure to do it. There is a verification code on the letter, is this the same as a POPLA code?Thank you so much for your help.

Yep if it's a 10 number code...and the NEWBIES thread has a link about How to win at POPLA. Show us your draft POPLA appeal as you'll see everyone else does after reading the sticky information at the top of the forum. We win 100% of POPLA appeals and it costs PCM money so it's got to be your urgent plan!

krishna87

I am having a hard time finding out who the Landownwer/manager is? I have spoken to my Estate agent and they dont seem to know and the Landloord is away!! I have drafted a POPLA appeal which I will send when I get home, but I was hoping to involve the landowner and have this settled without the appeal (if possible)!! Any help would be much appreciated!

AoD

You might want to post your POPLA appeal here first before you send it so the forum experts can make sure it says all the right things.

martmonk

and do the two things in tandem so as not to miss your POPLA deadline

krishna87

Cheers guys....still no luck with landowner but here my POPLA appeal letter:

[FONT=&quot]Dear Sir/Madam, [/FONT][FONT=&quot]

Verification code: ********

On 09/11/13 I parked my vehicle Y******at Hilda Wharf, Aylesbury (******).
When I returned to my vehicle I discovered a parking charge notice affixed to my vehicle.
The parking charge notice stated that I had parked without clearly displaying a valid PCM UK Ltd permit. I believe I am not in breach of this contravention for the following reasons.

[/FONT]
[FONT=&quot]1. [/FONT][FONT=&quot]I had just moved into Flat 22 in the same property on the 9th November 2013 (same day). As a result, I was not handed the parking permits that I am eligible for as they had not been handed in by the Landlord. However, as a resident I had paid rent for both the property and car parking from the same day that I moved in i.e. 9th November 2013. Please see attached evidence in the form of my tenancy contract that states the same. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2. [/FONT][FONT=&quot]The signage was not clear enough to show who to contact on a weekend and how to obtain a parking permit. Please see attached picture of the signage in the car park. (Not sure if I want to include the last line)[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Moreover, I was parked in a guest parking and hence did not cause any inconvenience to any of the residents/tenants.[/FONT]
[FONT=&quot]Above all, the letter I received from PCM does not acknowledge the fact that I am a resident and neither does it state the procedure to appeal to POPLA. [/FONT]
[FONT=&quot]The fee is also disproportionate, According to the Unfair Terms in Consumer Contract Regulations – parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case it is free to park at all times and so the charge of £100 you are asking for far exceeds the cost to the landowner.[/FONT][FONT=&quot]

In light of the above it is clear that I am not liable for the parking charge and I request that the parking charge notice is cancelled accordingly.[/FONT]


Although the above appeal is just for my PCN, I also need to write two more appeal letter for my uncle and aunt's cars....not sure if I should include all three in one appeal or send 3 separate ones. The issue then would be that they were guests rather than tenants. Dont want their appeals to be rejected if 3 separate appeals make their case weaker...Advice please and thanks in advance....

bod1467

As a POPLA appeal that will probably fail miserably. Mitigating circumstances NEVER WORK. I note you DO touch on no pre-estimate of loss but it needs to be much more robust.

Read the POPLA Appeals sticky thread to see what wins. (No GPEoL and No Authority are the two silver bullets).