Parking ticket at new apartment

krishna87

Take 2:-

[FONT=&quot]I am the registered Keeper of the above vehicle and I am appealing against above charge. I contend that I am not liable for the parking charge on the following grounds and would ask that they are all considered.

[/FONT]
[FONT=&quot]1) [/FONT][FONT=&quot]Neither the parking company nor their client has proved that they have planning consent to charge motorists for any alleged contravention.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2) [/FONT][FONT=&quot]The parking charge is not a genuine pre-estimate of loss and Parking Control Management have not provided a breakdown of costs.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]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 that they are asking for far exceeds the cost to the landowner.[/FONT][FONT=&quot]

[/FONT]
[FONT=&quot]3) [/FONT][FONT=&quot]Parking Control Management are not the landowner and have provided no evidence that they have the right to issue parking charges and pursue charges to court in their own name.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]4) [/FONT][FONT=&quot]The signage at the car park was not compliant with the British Parking Association standards as it is too high and practically not visible at night due to poor lighting. There was also no valid contract between the parking company and the driver.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]5) [/FONT][FONT=&quot]Parking Control Management have also failed to identify the procedure to make an appeal to POPLA.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]6) [/FONT][FONT=&quot]As a resident I pay 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]7) [/FONT][FONT=&quot]Moreover, the car was parked in a guest parking and hence did not cause any inconvenience to any of the residents/tenants.[/FONT]
[FONT=&quot]
[/FONT]
I am still confused whether I should make one appeal for each ticket or include all three in one appeal. Please advise...

Coupon-mad

You've copied that from somewhere random...please not 'Planning Consent' again, how is this creeping into appeals right now and confusing matters?!

In post #6 I told you exactly which link to read, in the NEWBIES thread. 'How to win at POPLA'. Just choose an example appeal and adapt it.

hoohoo

Make one appeal for each ticket

krishna87

Cheers hoohoo and Coupon mad...theres only one link in this thread and i cant seem to find 'How to win at POPLA' in there Please help!

bod1467

NEWBIES and in there is How To Win At POPLA (2013 Information).

Coupon-mad

krishna87 wrote: »

Cheers hoohoo and Coupon mad...theres only one link in this thread and i cant seem to find 'How to win at POPLA' in there Please help!

You'd be so much better off if you simply used the forum so you could find your way around it rather than wanting to be spoon-fed links that you have no clue where they came from. Sorry but I had already told you exactly where to find that link. This is what I said earlier, not sure how you can't see the Newbies thread at the top and I only gave you a link to page one of the forum so you could actually find it for yourself...deliberately so:


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

http://forums.moneysavingexpert.com/...play.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.''

The_Deep

In slower time, take this up with your landlord. Ask him to have the managing agent have these tickets cancelled as he is required under the terms of the AST to grant you "quiet enjoyment" and this harassment is a breach, for which he (the landlord), could be sued.

Put everything in writing as you may need a paper-trail somewhere down the line.

krishna87

Cheers 'The Deep'!! And coupon-mad....I work full time so don't really have time to be browsing through a maze of data overload!! However, I do appreciate your service and help above and request you to please bear with me as I am no expert at recieving parking tickets nor legal jargon....infact this is my first one...Ever!!......On a separate note....my estate agent was in touch with me who had been in touch with PCM....she asked me for the reg nos of the cars and said she'll get back to me...lets see...fingers crossed!! Ill be posting another draft of my appeal shortly....cheers again for all your help fellow money savers!!

krishna87

Is this any better:

[FONT=&quot] [/FONT]
[FONT=&quot]1) [/FONT][FONT=&quot]The parking charge is not a genuine pre-estimate of loss and Parking Control Management have not provided a breakdown of costs.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]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 that they are asking for far exceeds the cost to the landowner.[/FONT][FONT=&quot]

[/FONT]
[FONT=&quot]Normal expenditure the company incurs to carry on their business (e.g. provision of parking, parking enforcement or signage erection) should not be included in the breakdown, as these operational costs would have been suffered irrespective of the car being parked at that car park.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2) [/FONT][FONT=&quot]Parking Control Management are not the landowner and have provided no evidence that they have the right to issue parking charges and pursue charges to court in their own name.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3) [/FONT][FONT=&quot]The signage at the car park was not compliant with the British Parking Association standards as it is too high and practically not visible at night. There was also no valid contract between the parking company and the driver. (could someone please advise what this last line actually means??)[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]4) [/FONT][FONT=&quot]No Creditor identified on the PCN[/FONT][FONT=&quot]
Failing to include specific identification as to who ‘the Creditor’ may be is misleading and not compliant in regard to paragraph 9(2)(h) of Schedule 4 of the Protection of Freedoms Act 2012. Whilst the Notice has indicated that the operator requires a payment to Parking Control Management, there is no specific identification of the Creditor who may, in law, be Parking Control Management or some other party. The Protection of Freedoms Act requires a Notice to Appellant to have words to the effect that ‘The Creditor is…’ and the Notice does not.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]5) [/FONT][FONT=&quot]Parking Control Management have also failed to identify the procedure to make an appeal to POPLA.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]6) [/FONT][FONT=&quot]As a resident I pay 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]7) [/FONT][FONT=&quot]Moreover, the driver was parked in an unallocated bay and hence did not cause any inconvenience to any of the residents/tenants.[/FONT]

spacey2012

just to point out in general POFA makes a keeper responsible for a contract parking charge.
It does not automatically create that contract, that can only be done under contract law itself.
If you lent your cricket bat out, would you expect to be liable for a contract on it's return.
No, that is silly,
So is the suggestion that someone who allows a car to be used creates a contract they have never seen, never read, never accepted, never considered .
So why the contract not existing points have been forgotten is baffling, yes POFA does create keeper liability, but only if they can create a valid contract in the first place.
I would pay good money to see them get that one passed a 40 year bench district judge.