Lost POPLA appeal (UKCPS) - advice needed

kirkbyinfurnesslad_2

Yup big boss they are well known for.

Snakes in the grass and all that

4consumerrights

I'm sure CM knew I was joking!


Yes the PPCs. BPA IPC and solicitors all are keen to know what we advise - it's a pity they all don't operate a tight ship.

The should charge appropriate amounts and look after what they are supposed to be doing instead of watching us. Oh yes and they report our activities to the forum team as well - Poor stroma is traumatised after Gladstones wanted her personal details!! LOL

big_boss

Just spoke to my sister-in-law. Can you suggest a template to write to the landlord? Thanks.

Coupon-mad

Well that's what the sticky threads are there for. Read 'Successful Complaints about PPCs'.

big_boss

So now UKCPS have sent a letter demanding £100. Meanwhile, we contacted the Property Management company who have basically said that we should have contacted them before parking the car for loading and unloading. This was never told to my sister-in-law before, nor is it anywhere in the contract, nor on the notice board. How is she supposed to know whom to contact? She's a tenant there, isn't she entitled to park the car there for a few mins for the purpose of unloading her luggage (she had moved from Dublin and was gradually transferring her stuff into the apartment). Apparently, the property management people contacted UKCPS who have refused to cancel the PCN (I don't believe that).

Also, due to my mother-in-law's ill health, we didn't represent ourselves properly in front of POPLA. I'm thinking of putting all this in a letter to UKCPS with copy to the Property Management company, and also include things I should've written to POPLA in the first instance.

Any suggestions on the template please?

4consumerrights

UKCPS - monitor this forum and do issue court claims - so would be wise to edit your post above Big Boss as you may be identified here.

You do have a pm response by the way if you want to provide an email address and take this completely off forum.

big_boss

Need some advice please. To cut the long story short, UKCPS have refused to budge, and the property management company are not willing to help. So I asked UKCPS to provide me a detailed breakdown of how they arrived at their genuine pre-estimate loss. They have rejected my request, as the appeal is beyond 28 days and have threatened court action.

Please advise on what should I do next. Are there any examples of court cases where this issue was raised? What was the outcome? I don't mind paying, but want to pay only what's as per law.

Coupon-mad

In the NEWBIES thread post #5, all about small claims and all the wins are there in a link!

UKCPS I hope you are proud. From the POPLA appeal:

''The appellant’s case is that they are pregnant and had some heavy luggage with them. The appellant submits that the nearest parking space was “a few hundred yards away” and that it would have been very difficult for them to drag their luggage all the way from the parking spot into their apartment.
I note that the appellant’s case is of mitigation, the appellant mentions that she is already going through a lot of stress as her mother has recently passed away.''

The_Deep

My advice would be to let them do their worst, they have suffered no loss, the landlord has suffered no loss, you yook n0-ones' place, you caused no obstruction.

Unless they can prove the sum demanded is a genuine account of their loss this is purely a penalty and in a private housing estate there can be no commercial justification.

While mitigation is ignored at POPLA it is not in court, and, who knows, who might even get a pregnant judge.

big_boss

Thanks!

Should I write back to UKCPS, saying something like this:

Thank you for your letter dated xxx. Please note that my previous letter was not an appeal, it was merely requesting you to give me the breakdown of your true pre-estimate losses as per BPA’s code of practice section 19 as well as Unfair Terms in Consumer Contracts Regulations 1999.

I am being reasonable in agreeing to settle the outstanding true losses. I have sought legal opinion from my brother who is a practising lawyer (this is true by the way, not sure if I should include this). I would refer you to the following cases:

Dunlop Pneumatic Tyre Co. Ltd. Vs. New Garage & Motor Co. Ltd., House of Lords, 1914

VCS v Ibbotson 1SE09849 16.5.2012

There are countless more examples. I do not mind appearing before the county court to plead my case. The onus will be on you to prove how my car parked for less than 5 minutes and not using anybody's car space nor blocking anyone has resulted in your losses worth £100. I am offering you to settle this in a reasonable manner out of court.

Regards