Parking in Own Bay - permit not on show

Coupon-mad

Make sure you cite the Davey case, as you own the space. You can do the complaints in your name BUT the actual appeal (and POPLA appeal) should be in your gf's name, NOT yours. And don't do a POPLA appeal just talking about the fact you own the leasehold title to the space, unless you'd like to help try a new appeal point on POPLA and don't mind if you lose.

Kentish_man_2

I fully appreciate that this needs to be checked thoroughly to ensure I have a case.

Its a purpose built self-contained flat development. There are 67 flats in total. With four parties invovled:

1. MOAT housing association - owns the freehold (flats and spaces)
2. Myself - owns the leasehold (including the flat and marked space)
3. Caxtons - third party management agency involved
4. Parking Ticketing Ltd - recently contracted to "manage" the private land that is available for parking.

I opened discussions with Caxtons to confirm the parking contract situation.
I am opening discussions with MOAT for the situation re the space and your last point Guys Dad

bazster

Kentish_man wrote: »

I fully appreciate that this needs to be checked thoroughly to ensure I have a case.

Its a purpose built self-contained flat development. There are 67 flats in total. With four parties invovled:

1. MOAT housing association - owns the freehold (flats and spaces)
2. Myself - owns the leasehold (including the flat and marked space)
3. Caxtons - third party management agency involved
4. Parking Ticketing Ltd - recently contracted to "manage" the private land that is available for parking.

I opened discussions with Caxtons to confirm the parking contract situation.
I am opening discussions with MOAT for the situation re the space and your last point Guys Dad

Do remember though that you are subject only to the terms of your lease. Whatever might be agreed between freeholder and management company doesn't bind you unless it's provided for in your lease.

Coupon-mad

It seems to me that PTL should only be able to 'ticket' the shared areas like any kerb/driveway/non-bay areas. Did you as leasehold owner, agree to PTL calling the shots in YOUR space that you own? Thought not. You don't need a permit, you should asssertively opt out of the scheme and tell PTL and their client that ticketing/setting foot on your property on your land = the tort of trespass. Then mention the Davey case and ask if they want to pay for an injunction like Mr Davey had to take out then sue for the cost?

See tospig's thread called 'POPLA test' post #30 where I wrote a complaint letter for managing agents (very similar). If you aren't experienced with searching the forum yet then Google it 'tospig POPLA test'.

Kentish_man_2

Thanks to all on here - I will get round to registering my thanks for individual posts.

I sent an initial polite email to Caxtons, to mention I had received a ticket I believed to be unfair, and could they confirm if they held the contract with the PPC - or if I should be approaching MOAT. I got an expected response that they don't get involved when a ticket has been issued and I need to speak to the ticketing company.

bazster

Kentish_man wrote: »

Thanks to all on here - I will get round to registering my thanks for individual posts.

I sent an initial polite email to Caxtons, to mention I had received a ticket I believed to be unfair, and could they confirm if they held the contract with the PPC - or if I should be approaching MOAT. I got an expected response that they don't get involved when a ticket has been issued and I need to speak to the ticketing company.

Well you need to involve them. They are liable for the actions of their agent.

The_Deep

Kentish_man wrote: »

Thanks to all on here - I will get round to registering my thanks for individual posts.

I sent an initial polite email to Caxtons, ... I got an expected response that they don't get involved when a ticket has been issued and I need to speak to the ticketing company.

No, you do not need to speak to the PPC, you need to speak to the MA or Moat. The PPC signed a contract with one of them which makes them an agent of the HA or MA.

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Guys_Dad

The_Deep wrote: »

No, you do not need to speak to the PPC, you need to speak to the MA or Moat. The PPC signed a contract with one of them which makes them an agent of the HA or MA.

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I agree and you should ask under what right the PPC was appointed and ask for the the words in any other contract that overrides your lease.

Kentish_man_2

So, after speaking to the land owner, I was told in no uncertain terms that the company should not have been ticketing the signed bays.

Armed with this information, I filled out the initial online appeal. Dates are as follows:

2nd August - ticket given
15th August - appeal made using online form
15th August - email received saying we would hear back within 14 days

4th September - NTK, which made no reference to our appeal.

I will call the ticketing company to confirm the status of appeal tomorrow.

Fruitcake

Kentish_man wrote: »

So, after speaking to the land owner, I was told in no uncertain terms that the company should not have been ticketing the signed bays.

Armed with this information, I filled out the initial online appeal. Dates are as follows:

2nd August - ticket given
15th August - appeal made using online form
15th August - email received saying we would hear back within 14 days

4th September - letter from a debt collection agency on behalf of the ticketing company asking for £120

Is this a mistake? Shouldn't the ticketing company replied saying the appeal had failed and to pay up before passing on?

We received no NTK after 28 days. Who should I be contacting, the ticketing company or the debt agency?

Do not contact the debt company. They are toothless and the only thing they can do is provide you with an alternative source of bog paper.

Contact the PPC and demand that they give you a PoPLA code. Complain to the BPA and the DVLA about this. The PPC MUST provide a code once they have rejected an appeal.

Get the statement from the landowner in writing while you are at it.