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

bazster

And this shows you are the freehold owner of the parking spaces? And clearly delineates them on a plan?

If so, I refer you back to my post #42. The suggested PoPLA appeal and the letters to UKPC/the management company remain unaltered.

Marktheshark

Would you let them open a car wash on your land ?
Ask the !!!!!! do they actually think they are doing here on your land ?

Marktheshark

I would send them along the lines of this :

Director of parking firm :
Trespass and flagrant operation of business on illegally occupied land. .
It has been brought to my attention that you have been trespassing upon my land to operate a parking business upon.
This was brought to my attention when you foolishly attempted to invoice me for your services whilst I was using my own land to park upon.

This raises the question of damages for trespass and harassment whilst illegally occupying the land and operating a business upon.
I shall award you 14 days to make a suitable offer of damages for this trespass before issuing legal proceedings.

If you wish to make a without prejudice offer for damages for this act of trespass and harassment I shall afford you 14 days to do so.

Failure to do so will result in a county court claim against you for trespassing upon my land and running a business upon it.
Where you have used my land to generate income which your invoice quite clearly shows this to be your action whilst trespassing then this action is flagrant misuse and any damages I seek can and will reflect the profits generated from wilful and knowingly misusing and trespassing upon my land.

I shall await your offer to settle this matter of flagrant trespassing and operating and illegal business upon my land for which you have no grant.

I shall make it very clear now, I am going to issue legal proceedings in relation to this matter if I fail to receive a satisfactory offer.

The_Deep

I do like it when people fight back.

Dad_to_4_little_monkeys

Appreciate that there was some confusion and an error on my part over the free/lease hold - NOW CONFIRMED AS FREEHOLD, and appreciate all advice given by all.

Is everyone in agreement that the single line appeal on land ownership is sufficient, or should all other elements be included "just in case"? Or should I use these additional points to the BPA to add misery upon them and also send the desist letter on top?

bazster

Some would argue that you should send an all-signing, all dancing PoPLA appeal covering every conceivable point.

My opinion is that there is no need for you to dance to the parking company tune when they are 100% in the wrong by ticketing on your private property.

IMO the only reason for a PoPLA appeal is to add to UKPC's grief by costing them the £27+VAT PoPLA fee, hence the recommendation of a short, sharp appeal without wasting any time on it.

It's your call as to which way you go on the PoPLA appeal.

IMO the letters to UKPC and the management company warning them to stop trespassing are much more important than PoPLA.

To those you can add a complaint to the BPA that UKPC is operating on your private property without your permission; this is a Level 5 contravention and should get UKPC 10 sanction points (12 points gets them suspended by the BPA and hence by the DVLA, so if they've already got a couple of points you could get them suspended, or at the very least leave them treading on eggshells for the next 12 months).

The_Deep

I agree with Mr B, a single point appeal gives PoPLA adjudicators no room to wriggle, and opens UKPC to a counter claim.

Dad_to_4_little_monkeys

POPLA away - single point as advised. Fingers crossed.

Thanks for the debate and advice.

Guys_Dad

Good decision. But did you enclose a copy of the Land Registry documentation? Otherwise it is only a he says - she says situation.

In any event, POPLA may just be the warm up act. This is one that would be brilliant and possibly lucrative to you if it ever reached court.

Dad_to_4_little_monkeys

Yes - 3 page attachment (sent via email due to size) rather than the full TP1 document.

Added a little dig to explain why there were 2 PCN numbers, as UKPC transferred the details without informing me owing to a mistake on their part.