First Gladstone Letter - appeal now and request POPLA code, or is it too late?

Acidmonkey

Hi there,

I've read the stickies - but a little guidance would be really appreciated, as the stickies don't really cover resident parking bays, where you or your spouse is the leaseholder of the parking bay.

I've received a few (5-6) PCN's over the course of the past 18 months for parking in my wifes owned resident parking bay (she is the leaseholder/mortgage in her name), due to me absentmindedly not displaying my residents permit on the windscreen at these times.

I've always either ignored DRP/UKCPM, or written to UKCPM denying any debt pending county court judgement. Most of the time my letters are ignored - however for this particular case, I can't remember if I wrote to deny the debt or not, as I don't have any kept paperwork for this PCN. (Paperwork has been kept for every other PCN!)

So, first letter from Gladstones Solicitors arrived whilst we were away on holiday, (to my old parents address!) dated 16/05/16, threatening legal action if there is no response within 14 days:

"our client may now instruct us to take legal action against you...bla bla"

I've been away, so have not been able to respond within their timeframe.

My question is, is it too late for me to appeal and request a POPLA code, and can I ask them to change the correspondence address/registered keeper address for all VRM's that I supply them?

Castle

What's the full company name for UKCP?

Acidmonkey

UK Car Park Management Ltd

Half_way

The key thing is what does the lease/rental agreement say in regards to parking?
odds on it will say nothing about permits. it might say something about the management company taking reasonable measures to ensure the smooth running of the estate however and allowing a private entity to run a profit making business on your spouses land/space is far from reasonable.
So check the lease for the property, then if all is good contact the management company and tell them to instruct their agents to cancel the parking charge with immediate effect, other wise you will have no other option than to charge the management company upto £19 per hour, or part thereof to deal with their agents unreasonable actions.
As for Gladstones, either ignore or tell them to FRO

Acidmonkey

Thanks - will have a look at the lease tonight and let you know - although the contract is between UKCPM is with the property management company, not the freeholder of the land.

(At least according to the property management company when I called to ask for the copy of the contract between themselves and UKCPM this morning.)

pappa_golf

do the management company own the land or does your wife own/lease it , if rented/leased is it via the management Co

Acidmonkey

My wife owns the land and has a mortgage on the property. It's a leasehold, and I'm sure its for a few hundred years. The freeholder is not the management company.

pappa_golf

what are they doing trespassing on your land then?


cease and desist letters are needed

Acidmonkey

Well, it's just an allocated underground parking space/plot, that's part of a communal car park underneath the block of flats.

Does it matter that she is not the freeholder?

bod1467

What matters is what precisely the lease says regarding parking and facilities management.

Acidmonkey

Great - got it. Will post once I look at the lease this eve.