New parking regulations at home...

Daniel_san

Quick update...

PCN1 - I've heard nothing since my brief email reply to UCS to simply confirm that yes, I am a resident.
PCN2 - After appealing on 1st Dec 2014 via the TNC website (attached a pdf file - but note worthy that this time I didn't copy the appeal to admin@ucs email (to clarify, the letter specifically says send appeals to TNC), I've heard nothing until a letter from TNC arrived Friday 16th Jan 2015, telling me I have to pay etc etc and giving me 14 days to appeal again...seems odd to me. Surely they should have either given me a POPLA code, or cancelled the ticket?

Additionally, I've now got PCN3 on Thursday 15th Jan 2015 and PCN4 Saturday 17th Jan 2015. I can see this to be an ongoing thing.

bazster

Well if they've asked you to appeal again do so.

Also, for belt-and-braces, complain to BPA that you've already appealed and they haven't sent a PoPLA code.

Once you've won all the appeals send copies of the adjudications to UCS and ask them how much longer they want to keep playing this stupid game.

I take it, then, that you haven't got the deeply dodgy Warwick Estates kicked out yet?

Dublindel

The sign is not enforceable as it uses a PO Box no only. You cannot enter into a contract with a PO Box no. The Postcode appears to be in the middle of a field near a housing estate under construction.

Daniel_san

Thanks guys, I'll appeal again and I'll follow that advice to complain to BPA thanks Baz.

re getting Warwick out, at this time I've just not got the time to devote to the researching everything and getting people on board with me. The money I could potentially save is nothing to what I'll lose by taking time out of my business. Our director takes anything against Warwick as a personal attack on her and seems to have wedged her head up their bum and is blind to anything and everything it seems.

I have been asking Warwick for the invoice for the accounts to be checked but despite doing so several times to 3 people now (we've had a change of contact 3 times since September/October), I can't seem to get that invoice.....which leads me to assume, as I think you mentioned before Baz, that they are doing the accounts themselves. I really should sit down and devote some time to it, but I'm heading into my busy season now at work and really need to maximise sales during this time.

Daniel_san

Update:
PCN1: After I submitted appeal to TNC and copied to UCS on 23rd October, and then received an email from UCS on 28th October asking me if I am a resident and why I hadn't contacted them prior to TNC (I replied to simply confirm I am a resident and nothing more), I have now suddenly received a new letter from TNC....(details below)
PCN2: As TNC ignored my 1st appeal, waited 6 weeks and then started sending me letters every few days, telling me I have 14 days to appeal, I followed Bazster's advice and appealed again (outlining that I had already done so previously, giving that date, and that they have no choice but to cancel the PCN or issue a POPLA code).....again the letters stopped....until yesterday, when letters for both PCN1 and PCN2 dropped through the door stating:
"NOTICE OF INTENTION TO INSTRUCT SOLICITORS"
and
"IMPORTANT NOTICE OF INTENDED FURTHER ACTION"
Basically if I don't pay the amount in 7 days, they will instigate immediate legal proceedings against me. It then goes on to scare me as to what could happen if they get judgement.

From what I've read, there's a slim to zero chance of them actually doing it, so I'm not concerned. I've also read here that I should NOT ignore any court papers, so I'm prepared for that just in case.

Any advice other than to report them to BPA for failing to comply with their guidelines and sit back and see what TNC or UCS do next?

Also strange that the letters all outline the charge as
Notice Payment: £100
Administration Charge: £0
Total Balance: £112.50
Now I only got a C in Maths years ago, but the sums don't add up lol

P.S bazster, if you happen upon this post and are feeling in a more than usually helpful mood, I would love a couple of links to the best and most eye opening threads / info on Warwick estate, for my bedtime reading pleasure please. It's about time I did more research after reading your comments on them. I'll search the forum myself too of course, I'm not THAT lazy

Thanks in advance to all

Daniel_san

Since the last post, I have sat and drafted complaints to DVLA and BPA for PCN1 and PCN2 as they have now both reached the exact same stage on the same date.

I was shocked to receive an almost instant reply from Steve at BPA:

Good day to you as well Mr XXXXXXXXX

Thanks for your e-mail , the contents of which are noted.

I am sorry to hear that you are experiencing problems with TNC and I hope that we can find a resolution for you.

By copy I am asking my colleague Gemma to look into this matter for you – she will be in touch once her investigation has concluded.

Kind regards

Steve Clark
Head of Operational Services
British Parking Association


I'll update as things proceed. Any advice etc always welcome. I'm no expert, but this forum is awesome

patman99

It sounds like TNC are getting desperate. They know they will get a caning in Court and that their contract with WE cannot over-ride the lease, so are trying the 'we are going to get all legal' trick on you.

Well done on getting a quick reply from the BPA and lets hope they really do investigate TNC's actions.

If you really want to hammer home the advantage you have, send an invoice to WE for all the time you have expended on this. If they don't pay-up within 14 days, send a letter before action giving them 14 days to pay.

If that still doesn't work, submit an MCOL claim (Small Court claim via official online site) jointly naming WE, all your fellow directors and TNC as the defendants.

Only then will they understand you are being deadly serious and mean business.

Daniel_san

Thanks Patman.

Forgive my lack of legal knowledge/experience on this, but that sounds all very easy, but at the same time my brain is saying "can I reeeeeally do that?" - cos if so, that's awesome haha sticking it to the man and all that.... Could you give me a little more info, such as what kind of amount I can reasonably invoice for? I can honestly say I must have spent 10+ hours reading / researching, responding to them by way of appeal x 3 now (which they ignore), drafting and sending complaints to BPA x 2 and DVLA x 2 - and that's just for PCN1 and PCN2 issued last year.
MCOL - can you please clarify, would I name WE, UCS Parking, TNC Parking Services (or TNC Management Limited?), and the (sole) director of the RTM company?

Thank you for your advice


If they followed the Code of Practice and issued POPLA, I could have gotten 1 or both quashed and then use that to kill the rest off (that's the plan anyway)....I've now had another 8 PCN's across 2 vehicles this year so far, the 1st being 16th Jan. It seems UCS Parking wait the 56 days, then hand it to TNC, who then send a letter which is obviously after 56 days and even dated more than 56 days of the PCN issue date!

Anyway, for everyone's info, I've had more emails back from BPA/DVLA
BPA - to acknowledge my 2nd complaint and to clarify it was a 2nd one as I sent them both at the same time and they noticed the details were different, so Gemma will handle them both at the same time for me.
BPA - from Gemma, providing me a ref number for my complaint(s) and asking me to send her any correspondence copies, which I will scan and send today (Weds) when I reach my office where there's a scanner.
DVLA - from "M Partridge" to acknowledge the complaint and advise a reply will be within 2 weeks, or a further email will inform me if a full reply will take longer.

I'll keep this thread updated for the "searchers". Any suggestions or advice always welcome thank you.

ManxRed

From Slithy Tove's post on page 1 of this thread:

Get them to read this: http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass-

You would need to sue the Management Company as well as TNC stating that the Management Company are jointly and severally liable for the actions of their agent, TNC.

Daniel_san

Thanks, I guessed that wouldn't apply where a lease specifies an allocated parking space with exclusive use of, and not actually my property though?

My lease gives me exclusive use of a parking space and sets out that the vehicle must not exceed 3 tons or in the case of a commercial vehicle, 1.5 tons (from memory). It doesn't say I need a permit though, of course.

Thanks