Appealing against "own space" tickets

halibut2209

Sorry, I thought as the owner of the property, you were the owner of the space. Don't we argue that the landowner has an obligation?

lexicalmatt

As someone being threatened with legal action over parking in my own space, and having just received a graduation date for my Masters in law, the idea of trying to substantiate a defence on the idea that a PPC's actions are at odds with an AST's quiet enjoyment clause both intrigues and unnerves me...I'd be interested to see any precedent on the matter.

Anyone ever brought a claim against a PPC for nuisance?

(those reading this thread may be interested to know that not only do I hold a permit, but the parking space [a block of 6] resides behind a pin code protected electronic gate!)

The_Deep

Anyone ever brought a claim against a PPC for nuisance?

Yes. I think that Mr Davey may be a barrister.

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

4consumerrights

lexicalmatt wrote: »

As someone being threatened with legal action over parking in my own space, and having just received a graduation date for my Masters in law, the idea of trying to substantiate a defence on the idea that a PPC's actions are at odds with an AST's quiet enjoyment clause both intrigues and unnerves me...I'd be interested to see any precedent on the matter.

Anyone ever brought a claim against a PPC for nuisance?

(those reading this thread may be interested to know that not only do I hold a permit, but the parking space [a block of 6] resides behind a pin code protected electronic gate!)

you really need to start your own thread here please for tailored advice

Which parking company is this?

Are you at debt collector stage or a formal LBC?

If you have a soliticitors letter - then this needs prompt attention

What are you looking for here - a counterclaim suit or to get this current charge cancelled first?

KIFL (Kirkbyinfurnesslad) and myself also have a service operating upto and including debt collector stage. - you can pm me or KIFL - depending on your current status or needs here.

lexicalmatt

reposting shortly

The_Deep

Halibut, as I have said before, none of my properties is patrolled by a PPC. I cannot therefore win myself a pcn for parking in my own space.

da rule, how would parking in someone else's space solve the problem of people being ticketed for parking in their own space?

4CR, I am not sure that MR Lexicalmatt is seeking "tailored advice" he seems to be well versed in this legal lark already.

lexicalmatt

4consumerrights wrote: »

you really need to start your own thread here please for tailored advice

Which parking company is this?

Are you at debt collector stage or a formal LBC?

If you have a soliticitors letter - then this needs prompt attention

What are you looking for here - a counterclaim suit or to get this current charge cancelled first?

KIFL (Kirkbyinfurnesslad) and myself also have a service operating upto and including debt collector stage. - you can pm me or KIFL - depending on your current status or needs here.

Hi,

I've a separate thread within this forum (it may have slipped down the list). I am at the debt collector stage (DRP letter chain).

Unless someone would like to suggest otherwise, I'm happy to continue with a policy of ignoring at the moment given that I can't find a record of DRP/UKCPM ever taking anyone to court...(i missed the POPLA window).

Though the situation frustrates me, I'll only be looking to go after the PPC if they issue court papers. From a purely academic point of view, the legal aspect of their operation is interesting (and spurious..).

4consumerrights

lexicalmatt wrote: »

Hi,

I've a separate thread within this forum (it may have slipped down the list). I am at the debt collector stage (DRP letter chain).

Unless someone would like to suggest otherwise, I'm happy to continue with a policy of ignoring at the moment given that I can't find a record of DRP/UKCPM ever taking anyone to court...(i missed the POPLA window).

Though the situation frustrates me, I'll only be looking to go after the PPC if they issue court papers. From a purely academic point of view, the legal aspect of their operation is interesting (and spurious..).

You may be interested in doing a cease and desist letter, denying the debt but also integrate a more formal LBA/warning - to pave the way so to speak.

These threads may be of interest

https://forums.moneysavingexpert.com/discussion/4777418

https://forums.moneysavingexpert.com/discussion/4818110

lexicalmatt

4consumerrights wrote: »

You may be interested in doing a cease and desist letter, denying the debt but also integrate a more formal LBA/warning - to pave the way so to speak.

These threads may be of interest

https://forums.moneysavingexpert.com/discussion/4777418

https://forums.moneysavingexpert.com/discussion/4818110

Thanks for this. I'll take a look through this and others and consider my next step. I suspect I'm encountering a feeling familiar to many of you...indignant and not wanting to "waste" time on them, mixed with wanting to be on the offensive.

Going back to something more specifically on the topic of the thread; it's difficult to argue against heightening people's awareness of their rights as a leaseholder/AST resident...it seems like incorporating/making use of this knowledge within the appeals process serves to construct an appeal while sending a message to PPCs that their target of an ignorance audience is shrinking..

kirkbyinfurnesslad_2

I am sorry but this is a poor idea. People don't want hassle. Court claims are no fun for people
Pools is easy, free etc etc