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Secure-A-Space, 5 PCN's in 17 days in allocated parking space.

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Comments

  • "Having considered the decision of the Supreme Court "

    Well not very thoroughly because there is no legitimate interest in enforcing a charge against someone parking in their own space !
    This is a case that needs to go before a proper judge .

    And this explanation about a landlord owning the allocated space but a management company the land sounds like tosh
  • I am the uncle... My initial email was written before I discovered this forum and the intricacies of Popla (never heard of them before this), NTK's etc.

    I thought I was dealing with a company who had some integrity.

    I've learnt a lot since joining this forum
  • I would just wait and see if they issue a court claim or letter before action .
    Ignore debt collector litter
  • Quentin
    Quentin Posts: 40,405 Forumite
    I am the uncle...
    So why are they dealing with you and not your nephew?
  • dazster
    dazster Posts: 502 Forumite
    Quentin wrote: »
    So why are they dealing with you and not your nephew?

    Quite. The correct response by all involved would've been "mind your own business". And PoPLA should've completely disregarded your "evidence".

    New PoPLA is becoming as untrustworthy as the IAS (except New PoPLA is doing it out of laziness and incompetence rather than mendacity).
  • BiscuitMuncher
    BiscuitMuncher Posts: 102 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    edited 11 March 2016 at 1:14PM
    Nephew is Italian. Appeal in his name but I'm doing all the drafting of appeals etc.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Nephew is Italian
    Do you mean an he lives in Italy?


    In any case it makes no difference what his nationality is, they should be dealing with him, not you!


    You should be out of the picture completely.
  • dazster
    dazster Posts: 502 Forumite
    edited 11 March 2016 at 12:47PM
    Time to go on the warpath. A letter to the managing agent and the parking scumpany:

    The leasehold owner of the flat has an exclusive right to use the flat's allocated parking space, and as his tenant I have his permission to use the space under the terms of my rental agreement. Accordingly I do not require anyone else's permission to use that space, and Secure-a-Space cannot offer permission to park there as consideration for a contract: that which I already have cannot be good consideration. Accordingly neither I nor anyone else I have permitted to use the space has ever entered into any contract with Secure-a-Space.

    By seeking to interfere with my rights over the parking space <name of managing agent> and Secure-a-Space are committing a private nuisance. This is a tort actionable both by a claim for damages and an injunction.

    Further, I consider that Secure-a-Space's unwarranted demands for money and threatening letters constitute harassment, which is actionable under the Protection from Harassment Act 1997.

    In the event that you oblige me to take further action, <name of managing agent> and Secure-a-Space will be held jointly and severally liable.


    The first paragraph above could also be used for a single-point appeal to PoPLA in future: put them on the spot, see if they understand the first thing about contract law!
  • dazster
    dazster Posts: 502 Forumite
    Nephew is Italian.

    Interesting. What is his permanent country of residence? And if it's currently the UK, does he intend to remain indefinitely or will he be going back to Italy to live in the forseeable future?
  • Permanent country of residence... Italy

    Return? ... Yes
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