Ukpc - Use of own space for guests - POPLA code given

Dad_to_4_little_monkeys

They changed the VRN and moved it to a different reference number (only noticed on the letter refs - not informed a that a new reference was raised). No new ticket has been issued.

No NTK has been issued, and I have not informed them of the names or address.

It would be handy (time wise) not to have to construct the POPLA response - so could the sanctions threat route head them off at the pass?

Umkomaas

It would be handy (time wise) not to have to construct the POPLA response - so could the sanctions threat route head them off at the pass?

You need to hit them with everything in your arsenal. POPLA, by far, is your most potent weapon, but piling other pressures on them in concert can tip them over the edge and see them go looking for lower hanging fruit.

Redx

popla it anyway, which will cost them money in any event

then as a parallel tack, you should be looking at a BPA complaint as well, PLUS look at a counter suit

too many people sit on the fence and lose out by not going to popla, then complain about 6 years of misery to come , usually from debt collector letters etc

the golden rule is, if you have a popla code , use it !

the rest is a side dish , to the main course

so if you are asking for advice, you get given good advice, you should act on that good advice, regardless

Dad_to_4_little_monkeys

Redx - spot on!

I never ask for advice that I won't act upon. POPLA is a certaintly, plus I'll research (through the forum) for the other routes too!

Appreciate all advice. I'll post my draft here first - appreciate the once over as and when!

Half_way

If you can use POPLA, never take your eye off getting it killed at POPLA.
Redx mentioned about 6 years of misery/threat-o-grams another issue here is that these companies arent exactly reputable and will use any trick they can.
Six years is a long time, and if you move/change address in that time then the parking company may in the future try court ( look at parking eye/CEL to name a few), sending the letters to your old address.
the first thing you know about it is when you try and take out a loan/phone contract or any other such thing and find you have a bad credit score due to a CCJ from a default judgement .
kill it at POPLA and as a side event give the landowner hell, complain to the BPA complain to the DVLA .

infact you could possibly charge the landowner/management company for wasting your time as a result of the actions of their agents, although you need to set up that approach form the very start

The_Slithy_Tove

Dad_to_4_little_monkeys wrote: »

We are leasehold - 90 yrs left, not so much clover?

If the lease includes the parking spaces, then why are you jumping to some upstart PPC's tune? You should tell the management company that you do not want to be part of their sordid little scheme (for which they may well get a kickback) and that they and their agents are no longer welcome on your land (parking spaces). Stop showing your permit (which is an irrelevance), collect lots of tickets and appeal every one to POPLA. It'll start costing them serious money and they may well give up.

Read this and think upon using this if they don't play ball: http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass


This is, of course, as well as POPLA.

Guys_Dad

The_Slithy_Tove wrote: »

If the lease includes the parking spaces, then why are you jumping to some upstart PPC's tune? You should tell the management company that you do not want to be part of their sordid little scheme (for which they may well get a kickback) and that they and their agents are no longer welcome on your land (parking spaces). Stop showing your permit (which is an irrelevance), collect lots of tickets and appeal every one to POPLA. It'll start costing them serious money and they may well give up.

Read this and think upon using this if they don't play ball: http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass


This is, of course, as well as POPLA.

The problem with this is that in law it is not the OP's land - it is the freeholder's. The OP has a long lease on this land and leases are fraught with hidden problems.

The actual freeholder may not be particularly bothered about things as the actual management is done by a management company who, in turn, are paid out of the service charges. The contract between the freeholder and the management company confers certain rights on the management company and the lease on the flat/property has certain clauses built in. Frequently these give the management company the right to bring in almost whatever they want to manage the whole "estate". This right can conflict with the OP's right for peaceful enjoyment etc.....

If this were to proceed to a court - which is the only place that the OP can be ordered to pay anything - it will be on the court's interpretation of the lease t&c and the management company's contract with the freeholder that would ultimately decide the outcome.

I would not, speaking personally, want to be risking a number of £100 claims on the whim of the honourable judge of the day or make myself the perfect target for a court claim where my "debt" was in the £thousands rather than a one-off.

Certainly serving notice on the management company that your 2 spaces are out of bounds and do not need managing and that you will deal personally with anyone parking in your slots is a good step as well as getting some qualified opinion on the full terms of the lease. If there is any catch all authority clause in the lease, you could post it here for some of the legally trained contributors to offer their opinions.

The_Deep

GD is right, the Management Company can impose certain conditions wrt the use of the car park, but they have to be reasonable.

Personally, I would not appeal, imo they have no standing in this matter whatsoever as, there is no contract, no-one has suffered a loss, and to all intents and purposes, you are the landowner, and only you can decide who can park there. What UKPC think that they can get away with HA tenants certainly does not need to apply to you

Read what happened when UKPC pushed their luck against a !!!!ed off barrister.

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

and kick their !!!! to kingdom come.

Guys_Dad

The_Deep wrote: »

GD is right, the Management Company can impose certain conditions wrt the use of the car park, but they have to be reasonable.

Personally, I would not appeal, imo they have no standing in this matter whatsoever as, there is no contract, no-one has suffered a loss, and to all intents and purposes, you are the landowner, and only you can decide who can park there. What UKPC think that they can get away with HA tenants certainly does not need to apply to you

Read what happened when UKPC pushed their luck against a !!!!ed off barrister.

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

and kick their !!!! to kingdom come.

There is one crucial difference in the opening post
"Apart from that being an unlawful penalty and unenforceable, they have persisted on putting tickets on our cars on our own land ie not an allocated bay but registered to us at Land Registry."

Makes all the difference as OP in that case was the landowner.

The_Deep

Not sure that I agree with you. In his initial post, OP says:

I am the homeowner and have Land Registry documents to support ownership of the 2 spaces as well as the house.

His circumstances appear to be the same as in Davey v UKPC