PCN for parking in bay i own- help please on legal position

Northlakes

What a funny read. Thanks Bazster

Guys_Dad

You need to check your lease and see what rights it gives the Landowner and the management company.

There are two routes you can pursue. You can major on the terms of your lease if the terms are in your favour absolutely. Or you can fight on the normal appeal points in the NEWBIES thread.

The subtle difference is that the NEWBIES calls into question between the PPC and their client - in this case the management company - whereas fighting it on the rights of the management company to enter into a PPC deal may not be allowed in their contract with the actual landowner.

You can, of course, combine the two routes at POPLA.

bazster

The_Slithy_Tove wrote: »

I prefer the suing for trespass approach myself. Of just collect tickets at one per day and appeal each and every one to POPLA, costing them £27/day.

The two are not necessarily incompatible. It is normal for damages for trespass to be computed as the notional value of the benefit the trespasser has obtained by his trespass.

So if you compute the rentable value of the parking space in order to run a busness thereon at being, say, £5,000 p.a., bingo! There's your damages (pro rata for the length of time the business has actually been operating there, obviously).

sfa1

ok thanks guys. first step, ill check the lease.

as mentioned previously, if i don't get a response after 35 days, what can i do? (my understanding is that they aren't legally obligated to reply by that point any more)

bod1467

They were never legally obliged to do so anyway ... it is and was only ever a Code of Practice.

But not following their ATA's CoP puts them on stickier ground should they pursue court action, as you could use it as evidence of their unreasonable behaviour.