New parking regulations at home...

Daniel_san

Could someone give me a yay or nay to my Popla letter, post #123 pretty please Thank you

Fruitcake

Daniel_san wrote: »

Could someone give me a yay or nay to my Popla letter, post #123 pretty please Thank you

It looks OK to me, but I am not an expert. As others have advised, make sure you register your intent to appeal to the new improved PoPLA system in a timely manner.

Umkomaas

Daniel_san wrote: »

Could someone give me a yay or nay to my Popla letter, post #123 pretty please Thank you

It's refreshingly short and to the point! You might add a 'Signage' appeal point too, to cover most of the bases that are generally included in POPLA appeals.

When you send it, why not enclose a copy of your lease agreement to prove there are no parking requirements placed on you.

But - you seem to want to ignore forum advice that all you need to do at this stage is register your intent to appeal with the new service, and not to send in your appeal now, but wait for the new service to contact you.

Make sure you register your intent before the expiry of your POPLA deadline.

Daniel_san

Thanks. I've registered my intention to appeal via the POPLA website. I just wanted to make sure that when they contact me for the details, I'm fully prepared with the letter

Given the delay before I'll be able to appeal and get an answer, I fully expect to have about 5 of these PCN's by that time!

Daniel_san

I've just got an email from POPLA to say the operator has responded to my appeal, and to log in to the portal to view and respond (I have 7 days). So I logged in and it says
"The operator will send the evidence independently"
and
"Operator NameTR Luckins"
"Operator Case Summary - The operator didn't provide a case summary"

Anyone had this before? It sounds like they are sending something to me outside of POPLA, which seems weird. Anyone shed light on this please, as it's a first for me....

Thanks

ManxRed

There's been quite a few of these since the Ombudsman Service took over POPLA.

Write to POPLA stating that you have not received any evidence, and that you expect to have seven days FROM THE DATE ON WHICH THE EVIDENCE IS RECEIVED BY YOU to rebut this, or you will not accept any decision made by POPLA in the operator's favour.

Daniel_san

I see. Ok thank you, I'll leave a message in the comments area to say there is nothing for me to answer at this time.

Thanks!

Daniel_san

Just to update on this. I chased POPLA as I've not had any response from them, and in doing so, found that TR Luckins should have sent their evidence pack (all 24 pages) to my via post, but I had not received anything from them. I've now had this pack via email and am just making notes.

One thing that stands out to me is that there is a witness statement from Warwick Estates, in support of the parking company, which is disappointing, but not surprising I guess.

Despite me requesting copies of "any and all contracts relating to parking" from Warwick Estate, they have failed to supply any to me, yet there is a copy of a contract between Warwick and UKPS within the evidence pack. No contract with the land owner though....

Without being a pain, if Coupon-Mad is reading this, I'd very much like to send the evidence pack pdf to you for your reference, and for any feedback, if you don't mind, Thank you. If not, I understand of course I couldn't pm you.

Coupon-mad

I can't I'm afraid as I have no time. But you have a point that the contract is not with the landowner.

Have a look at the recent discussion in this case, for ideas to bring your case away from 'Beavis' and more in your favour:

https://forums.moneysavingexpert.com/discussion/5342014

Show us your draft 'comments' and we'll try to help.

Daniel_san

100% understandable Cm, thank you. I'll have a read of that thread now. Obviously there will be some specifics in my evidence pack from UKPS, but I'm sure you've seen many of them.

My points noted so far include

1. I am not a “visitor” to [location] (as stated on Page 9, point 12 of the operators evidence pack), I own property in the apartment block. My lease agreement, which is the only contract in place with “offer” and “acceptance” as per UK law, does not state any requirement to display a parking permit issued by any management company, or any Private Parking Company. Lease agreement section outlining parking conditions is attached to show this. If POPLA is to rule in my favour on one point alone, I would request it be this point, as it will effectively prevent any further PCN’s being issued on top of the 10 I already have now!

2. The operator alleges trespass, but the land is not owned by them.

3. The car park is free to use for residents, has been so since it was built. Nobody suffered any loss in the 8 years prior to UKPS coming and placing their signage, so their GPEOL calculations cannot possibly be accurate. I repeat point 3 of my initial appeal “POPLA Assessor Matthew Shaw has stated that the entirety of the parking charge must be a genuine pre-estimate of loss in order to be enforceable. For example, were no breach to have occurred, then the cost of parking enforcement, such as erecting signage, would still have been the same. The estimate must be based upon loss flowing from a breach of the parking terms, and in this instance there was no such loss”.

4. Operators evidence park, page 4, “Specific Parking terms signage” – this sign does not exist at this site. Page 22 shows the actual specific sign but it’s impossible for you to read I would assume.

5. The witness statement from Stephanie Hughes of Warwick Estates Management, point 2 is extremely misleading and ambiguous. Stephanie Hughes is not the landowner. Warwick Estates are not the land owner. Despite various references to say the operator has the permission of the landowner, there is no evidence of this here.

6. The “contract” on page 23 of the operators evidence pack is between UKPS and [location] RTM C/O Warwick Estates. [location] RTM do not own the land. Warwick Estates do not own the land. Therefore, there is no contract in place with the land owner and as such no permission can have been granted. Further, the contract is invalid as it is incomplete in that there is no “name (Block capitals)” on behalf of client.

7. The witness statement from Stephanie Hughes of Warwick Estate, is signed and dated 21st September 2015, 2 days prior to my appeal being submitted to POPLA, which seems strange!

8. Lastly, I do not actually have a permit anyway. Warwick Estates previously placed UCS Parking at [location] and they proceeded to issue 22 PCN’s to me over a 6 month period, all of which were cancelled by UCS Parking before proceeding to POPLA stage. With the introduction of UKPS, I informed Warwick Estates Management that I refuse to display any permit and as such they have not issued one to me.

Any feedback welcome and appreciated, although I understand you're not in full possession of all info, so can only make a suggestion for me to check.

Thank you.