Think i'm in big PCN trouble!

bod1467

Your parking "event" wasn't in a Co-op car park, was it?

ceetp

No, it wasn't in Co-Op... It was actually in my own residential parking space outside the flat that I rent. The circumstances are that my permit was expiring and we were to pick up a new one from the on-site concierge. My concierge hours are the same as my work hours, and so I couldn't get to pick it up until a day after the expiry date (when I had a later shift). By the time I went to replace my permit I had already received a PCN. The old permit was displayed, so they could see I owned a space. Along with myself, at least 8 of my neighbours must have had the same problem as they too had tickets on their cars.

Redx

all those other threads dont require comments of a particular legal kind, unless I am wrong in what I thought you were asking ?

ceetp

I think so,
all i'm really asking is which of my addresses I should use on my letter to Gladstones. The address the car is registered at, or the address the PCN was issued at? (both are my homes)... or can I just leave my address off? (after all, they will have my name and ref number).

Also, is there a letter template to send to MET parking at this late stage. (Gladstone letter stage... my last received letter was one identical to this one:
http /tinypic. com/view.php?pic=346me6r&s=8#.UydGv61_t8e


I never knew a parking ticket could cause so much stress

4consumerrights

a) If the letter from Gladstones is asking you to pay the debt collector and not MET - then yes use the one that Daisy wrote on the other MET thread follow advice there as also complain to the SRA.

b) Use whatever address Gladstones used to write to you regarding this matter to respond.

The address the car is registered at, or the address the PCN was issued at? (both are my homes)... or can I just leave my address off? (after all, they will have my name and ref number).

c) Contact the management company - insist they instruct MET to cancel this charge and that they have no proprietary interest to impose parking charges on residents. The management company are supposed to be preventing abusive parking from non-residents not persecuting people who live there.


What do the terms of the lease state regarding parking at this place?
Reading between lines are you the landlord here?

ceetp

yes it is asking me to pay the debt collector so i will send Daisy's letter.

No 4consumerrights, i am not the landlord, I rent a flat there.

4consumerrights

In that case - what does your AST state regarding permits and displaying - you could complain to your landlord if no mention is made. You are paying for the privilege of the accommodation and parking and therefore entitled to quiet and peaceful enjoyment of same. Contact the council's local rent officer and/or trading standards could also be a good port of call.

ceetp

Thankyou.

So to be clear,

I will be posting Daisy's letter to Gladstone.
& I have emailed the management company of my estate insisting that they ask MET to cancel the charge.

but what exactly do I need to write in my letter to MET? Can I send Daisy's letter to them aswell, ensuring I change all mentions of "your client" to "you" instead? I don't want to mess up the whole operation by saying the wrong thing.
*worried*

ceetp

Hi everyone.
Could somebody please take a look at the letter I have drafted to send to MET and tell me if it is ok or if I have missed anything important.
I am at the Gladstones solicitor stage (after previously receiving letters from Roxburghe aswell). I have sent off Daisy's letter to Gladstones, and I have also emailed my property management company who say they will "look into it" if the response for my below letter is not in my favour.

Anyway....
Here is my letter I intend to send to MET:

***
Dear Sir/Madam,

I refer to the parking charge of 13/06/2013
Parking Charge Number: MPXXXXXX

Please note, this is an open letter and I reserve the right to produce it to the court at the appropriate time, should the need arise.

Firstly, I do not accept liability for the above parking charge and I have no intention of paying the money demanded. Specifically, I do not accept that the charge is in any way shape or form a genuine pre-estimate of loss, especially as the parking space is in fact my own allocated space. I possess a permit for this space, and was told I needed to collect a renewed permit from the on-site concierge. The concierge is open during daytime office hours, meaning it is closed before I leave for work, and is also closed upon my return. I work long hours on a shift basis with no specific days off, but at my first available opportunity I went and collected the permit. Upon returning to my car I was enraged to discover I had been issued a parking charge. My new permit was displayed immediately.
I do not believe that you have legal standing to pursue an action against me, since any loss (which is strongly denied) would be the landholder’s in any event. As a private parking enforcement company, I would like to assume that you have no proprietary interest in imposing parking charges and persecuting residents and instead are hired to prevent abusive parking from non-residents. For the above reasons, any court proceedings in connection with this matter will be vigorously defended.

I invite you to cancel this charge, or indeed refer this dispute to the Parking On Private Land appeals service (“POPLA”), which is the appropriate form set up by the parking industry for this precise situation. There are, as you probably know, no deadlines in which to appeal to POPLA. All that is required is for you to issue a POPLA code.
Should it be your intention to start court proceedings, you must first provide a Letter Before Claim. I have not yet received a letter that meets those requirements.

Please Note: Notwithstanding the fact that any decision of POPLA is legally binding on the parking company, and not the motorist, in the spirit of exploring an amicable resolution of this dispute, I am willing to give an undertaking to be bound by the decision of POPLA, thus ensuring that this case will not proceed to court.

I suggest that you consider my case and contact me with a decision, or albeit to issue a compliant Letter Before Claim.

Yours Faithfully,
XXXX XXXXXX.
***

As always, thank you for any help and replies.

bod1467

Related threads ...

https://forums.moneysavingexpert.com/discussion/4923862
https://forums.moneysavingexpert.com/discussion/4846841

... do this and those threads all relate to the same initial "parking event"?