PLEASE HELP!! PPC for No Permit

The_Deep

Get this into perpective, you were unloading a bulky item from your car outside your own front door. Some grubby ex clamper comes along and wants £100, for what? Your lease will almost certainly grant you "quiet enjoyment" of your premises, how is this quiet enjoyment? Your Landlord is in breach of a covenant.

Along with this "GPEOL" guff get onto your landlord and complain, complain, complain. Leaflet your neighbours, write to you management agents, threaten them with court for "loss of quiet enjoyment", kick some !!!!.

It is time tenants and leaseholders took a stand against these chancers, hired by management companies, accuse them of taking a cut, tell them that this is not parking management, but parking extortion. Demand a cut in your management charges. If there is a Residents' Association get them behind you. Call an EAGM to ask Management to dismiss the cowboys.

starstruck13

Hi all,

I have received my notice to owner today, exactly one month after the ticket was issued.

In the appeal letter to get my POPLA code should I ask the PPC to provide a contract between them and the landowner at this stage?

Any advice with the letter would be appreciated?

Many thanks

bod1467

Read the NEWBIES thread and the POPLA Decisions thread.

starstruck13

I had a look in the NEWBIES THREAD and was going to go with this letter.
Any thoughts??

Thank you






Dear Sirs,

Following legal advice, I wish to challenge this PCN.


My challenge is partly based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner and that you do not have sufficient interest in the land to issue contracts. In every case where a motorist has raised this issue against you, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld.


If you do reject the challenge and insist upon taking the matter further I must inform you that I will claim my expenses from you. The expenses I will claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.


1. Your claim is not a genuine pre-estimate of loss.



2. I believe your company does not have sufficient interest in the car park to issue contracts to anyone.
(BPA CoP Section 7, a landowner contract must specifically allow Park Direct to pursue charges in your own name in the courts and grant you the right to form contracts with drivers. I require Park Direct to produce a copy of the contract with the landowner as I believe it is not compliant with the CoP and without it, Park Direct have no legal standing nor authority at this site which could impact on visiting drivers.)

If you reject this appeal, I require within 35 days a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA web site, further supported by the BPA Code of Practice.

You have been given the reasons for the appeal above. I have nothing further to currently add, and will not respond to any correspondence from your company unless it contains the POPLA code.

Be aware that there will be formal complaints to POPLA and to the BPA if there is no POPLA code on any rejection that you supply.


Yours Faithfully

Redx

here is a stroma one https://forums.moneysavingexpert.com/discussion/4857076 post #6

maybe you wish to amend that one to suit ?

starstruck13

Redx wrote: »

here is a stroma one post #6

maybe you wish to amend that one to suit ?

They are quite similar though aren't they, why do you prefer the Stroma one, do you think it is more effective?

Thanks

starstruck13

Hi Redx,

Just scrolled through that link you sent and will follow your advice on not sending it recorded delivery.

I am not sure whether to add the point about the signage not complying as I am not sure if it does or not. Any ideas how I could find out and do you think I should just put this point in anyway.

Thanks for any help

Redx

you do not have to prove if its relevant or not, THEY DO

and that is why you put it in , dont do their job for them , make them prove it is, not you proving it isnt

the whole point of your appeal is to make them prove everything they say and do is legally correct

spacey2012

Never admit to what they claim, this is called "Your defence" I agree 100% with RED-X on this occasion, make them prove everything, including you were at the site.

starstruck13

Is this ok now?





Dear Sirs,

Following legal advice, I wish to challenge this PCN.


My challenge is partly based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner and that you do not have sufficient interest in the land to issue contracts. In every case where a motorist has raised this issue against you, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld.


If you do reject the challenge and insist upon taking the matter further I must inform you that I will claim my expenses from you. The expenses I will claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.


1. Your claim is not a genuine pre-estimate of loss.

2. I believe your company does not have sufficient interest in the car park to issue contracts to anyone.
(BPA CoP Section 7, a landowner contract must specifically allow Park Direct to pursue charges in your own name in the courts and grant you the right to form contracts with drivers. I require Park Direct to produce a copy of the contract with the landowner as I believe it is not compliant with the CoP and without it, Park Direct have no legal standing nor authority at this site which could impact on visiting drivers.)

3. Your signage does not comply with the BPA Code of Practice.

If you reject this appeal, I require within 35 days a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA web site, further supported by the BPA Code of Practice.

You have been given the reasons for the appeal above. I have nothing further to currently add, and will not respond to any correspondence from your company unless it contains the POPLA code.

Be aware that there will be formal complaints to POPLA and to the BPA if there is no POPLA code on any rejection that you supply.


Yours Faithfully