Appeal against PCN for parking in my private bay

alephant

Hi all,
I am new in the forum and I need help for an unfair PCN.

UK CPM has issued a PCN because my vehicle was parked in a private parking without displaying a valid permit in the windscreen.

The facts.
I am the registered keeper of the vehicle, which was parked in my privately owned parking space! Note that the parking bay is within the gated ground park of a block of flats, accessible to residents.
Yes, that day I forgot to display the permit, but I have later provided copy of the parking permit to UK CPM, explaining the situation, but they have refused my appeal.
I really want to appeal at Popla and have justice. I don't really think one has to pay a fine for parking in my own, purchased space, and no one has suffered any damage or loss because of I forgot to display the permit.
I have read some discussions and I understand that I am on the right side here but, as I am not really expert with appeals and I am not mother tongue, I would really use and appreciate some expert's help.

Thanks in advance!

kirkbyinfurnesslad_2

You need to look here at how to win at Popla, what happened on the day is irrelevent nor is mitigation.
https://forums.moneysavingexpert.com/discussion/4816822

Post up your proposed appeal when done

alephant

Here is my proposed appeal. Any advice is greatly appreciated.



To: Parking on Private Lands Appeals

POPLA verification code: xxxx
UK Car Park Management Ltd PCN No. xxxx
Location xxxx
Vehicle Reg No. xxxxx

On 13th January 2014 UK Car Park Management Ltd issued a Parking Charge Notice because the above vehicle was alleged to be parked without a valid permit visible.

On 20th January 2014 I appealed against this which was declined by UK Car Park Management Ltd on 13rd February 2014, and a POPLA code was issued.

Basis of my appeal:

1) Contract
I do not believe that the Operator has demonstrated a proprietary interest in the land, because they have no legal possession which would give UK Car Park Management Ltd any right to offer parking spaces, let alone allege a contract with third party customers of the lawful owner/occupiers. In addition, UK Car Park Management Ltd lack of title in this land means they have no legal standing to allege trespass or loss, if that is the basis of their charge. I require UK Car Park Management Ltd to demonstrate their legal ownership of the land to POPLA.!

I contend that UK Car Park Management Ltd are only an agent working for the owner and their signs do not help them to form a contract without any consideration capable of being offered. VCS -v- HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model.!

The BPA code of practice contains the following:!

7 Written authorisation of the landowner
7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent) before you can start operating on the land in question. The authorisation must give you the authority to carry out all aspects of the management and enforcement of the site that you are responsible for. In particular, it must say that the landowner requires you to keep to the Code of Practice, and that you have the authority to pursue outstanding parking charges , through the courts if necessary.!

I believe there is no contract with the landowner/occupier that entitles them to levy these charges and therefore has no authority to issue parking charge notices (PCNs). This being the case, the burden of proof shifts to UK Car Park Management Ltd to prove otherwise so I require that UK Car Park Management Ltd produce a copy of their contract with the owner/occupier and that the POPLA adjudicator scrutinises it.

Lease of the property allows me to use the flat and its allocated parking space. Despite UK Car Park Management Ltd signs, the Company has no right to charge a resident for parking in his own space and they should produce their contract with the landowner that gives them that right.

2) Inappropriate parking charge
The £100 (discounted to £60 if paid within 14 days) charge is disproportionate to the loss incurred (off which there is none as the driver owns the parking bay where the vehicle was parked and a permit for this car park) by UK Car Park Management Ltd and is punitive amount that has no relationship to the loss that would have been suffered by the Landowner. The BPA code of practice states:

19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer.

19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable

In this case, UK Car Park Management Ltd has failed to provide any calculation to show how the £100 (discounted to £60 if paid within 14 days) figure is arrived at, whether as an actual or pre-estimated loss. It is the Appellant's position that UK Car Park Management Ltd has suffered no loss whatsoever in this case. I require UK Parking Patrol Office to provide a detailed breakdown of how the amount of the 'charge' was arrived at.!I am aware from court rulings and previous POPLA adjudications that the cost of running the business may not be included in these pre-estimate losses.
I, therefore, respectfully request that my appeal is upheld

kirkbyinfurnesslad_2

Looks fine to me, get it sent of:)

alephant

Thank you! What kind of documentation do you suggest to send along with the appeal? Obviously the car parking permit, but should I also include anything that proves the allocated space and the vehicle are mine? I am a bit hesitant because I read that whatever I send to Popla is also forwarded to the PPC, and I would feel uncomfortable with them having copies of my documents (although they know my name and address from the first appeal).

The_Deep

Quite often a landowner may be oblivious to the fact that the managing agent has signed a contract which opens the landowner to court action for breach of the terms of the lease, the managing agents may not have consulted him. Complain to your landlord that the PPC is denying you "quiet enjoyment" of your property and demand that the PPOC be dismissed.

kirkbyinfurnesslad_2

i wouldnt bother sending anything, what you have done is good enough

alephant

I found in the lease: "The right in common with all others entitled thereto from time to time to park one roadworthy domestic private moter vehicle in regular use only on the Estate in any free parking space other than those specifically allocated or to be allocated."
This gives me all right to park in my allocated space and PPC contract cannot superimpose the lease.
I am going to put this on top of the POPLA appeal, which I will definitely submit as it will cost the PPC £27
I have read more threads and now I feel more tranquil because I will disregard all the letters from debt collectors that eventually I will get and, should they dare to go to the court, I don't see how they can possibly win.

I am not going to send anything else because I am not sure who my landlord would be as I own flat and parking space. Maybe in my case the landlord means the freeholder?

kirkbyinfurnesslad_2

Good to hear

Half_way

If the PPC is a nuisance , and everything goes ok at POPLA ( as it should) then why bother displaying a permit? just go for a POPLA challenge each and every time.
As for your POPlA appeal you may want to expand on the disproportionate thing as Not a Genuine pre estimate of loss, then explain as to why the charge does not represent a loss to the landowner caused as a direct result of the parking.

Once youve got them at POPLA, then you can get them time and time and time again, also inform your neighbors about this, why are you displaying a permit to give yourself permission to park in your own space? just go through popla each and every time, you may be able to pick up at least 7 tickets a week, for 7 identical popla appeals and maybe even 364 appeals a year.
See if your neighbpours are up for this game as well, and if you get bored of it then take a read of this http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

alephant

To be honest, I am not totally against the display park permit rules. The fact is: only very few spaces are gated and allocated, whereas most are outside and some of them on a first-come-first-serve basis. Before the parking scheme, we had issues with non-residents parking in the development, which is in front of a train station with direct trains to London... so you can understand.
However, in case of genuine errors of a resident-owner, the PPC should cancel the notice right away, and I believe that happened with some previous residents.
Maybe in this case they saw I am foreign and thought I would not go on with further appeals...