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

Acidmonkey

Here are the sections in the lease that I could find that might be relevant. There's no mention of a parking permit scheme. And no mention of the allocated parking scheme- only that bay number xxx is part of the lease

1. The right in common with all others entitled thereto from time to time to park one roadworthy domestic private motor vehicle in regular use only in the estate in any free parking space other than those specifically allocated or to be allocated.

2. The company may it it's absolute discretion provide maintain or instal in or about the Estate any services for the comfort and convenient of the lessees and other occupiers of the Estate.

3. "Estate and Company Costs" means all cost expenses and outgoings reasonably and properly incurred by the Lessor or the Company (whether directly or by way of contribution or reimbursement) in respect of the following services to the Estate:...
(K) Parking scheme management

4. "car park costs" means all cost expenses and outgoings reasonably and properly incurred by the Lessor or the Company (whether directly or by way of contribution or reimbursement) in respect of the repair and maintainance of the following services to the private car parking
(A) cleaning
(B) repairs and maintainance
(C) electric gate repair and maintainance
(D) provisions
(E) contingencies

and all other sundry services and items which the Lessor or the Company deem necessary in respect of these matters.

Apart from the above there's not much else that relates to car parking or the enforcement of parking controls.

pappa_golf

I see no mention of hiring a "security" firm (AKA car parking company" to trespass on your land or even to check if the leaseholder that is parked " from time to time to park one roadworthy domestic private motor vehicle in regular use only in the estate in any free parking space other than those specifically allocated or to be allocated." to show a permit on their windscreen?

leeda84

What does the "quiet enjoyment" section of the lease have to say about your property (which should include your parking bay)?

Redx

and just because you asked,

UK Car Park Management Ltd

01/10/2015
www.uk-cpm.com

is an IPC affiliated company , not the BPA, so there is no chance of any POPLA code for anything after the above joining date, plus they wont wish to give you any popla codes for when they were BPA members either

the IPC do not adjudicate on popla codes, only BPA members use them

pappa_golf

well that's any cases before 01/10/15 sorted , no popla code , no play


OP , can you tell us the dates of the tickets , coz I think this might be whittled down to IPC ones only


the case that gladstones are claiming for as well (gladstones letter 16/05/16)

Acidmonkey

I sold the car with the VRM Gladstones are threatening me for in May 2015.

I have 3 more "PCN's" prior to 1/10/15, and 2 more post 1/10/25. (At least ones I've been keeping records and correspondence for!)

What drives me nuts most is that the attendant knows I have a permit as he sees my car everyday, but jumps on the opportunity when it's not displayed!

Acidmonkey

pappa_golf wrote: »

I see no mention of hiring a "security" firm (AKA car parking company" to trespass on your land or even to check if the leaseholder that is parked " from time to time to park one roadworthy domestic private motor vehicle in regular use only in the estate in any free parking space other than those specifically allocated or to be allocated." to show a permit on their windscreen?

That's correct - no mention of security firms or permits for the car park at all in the lease.

Acidmonkey

leeda84 wrote: »

What does the "quiet enjoyment" section of the lease have to say about your property (which should include your parking bay)?

THE lessor HEREBY COVENANTS with the Lessee and the Company as follows:-
1) That the Lessee paying the rents hereby reserved and performing and observing the several covenants conditions and agreements herein contained and on the Lesee's part to be performed and observed the Lesee shall and may peaceably and quietly hold and enjoy the Property during the said term without any law interruption or disturbance from or be the Lessor or any person or persons rightfully claiming under or in a trust for it.

DollyDee_2

If you sold the car in May 2015, how are UKCPM still issuing PCN's after 01/10/2015?

As per pappa golf's question, what dates were the PCN's issued?

Have you had your confirmation slip from the DVLA stating that you are no longer the Registered Keeper of that vehicle?

Acidmonkey

DollyDee wrote: »

If you sold the car in May 2015, how are UKCPM still issuing PCN's after 01/10/2015?

As per pappa golf's question, what dates were the PCN's issued?

Have you had your confirmation slip from the DVLA stating that you are no longer the Registered Keeper of that vehicle?

In answer to your first question - I've changed my car three times since the first ticket was issued. PCN's issued after 01/10/2015 are for different vehicles.

I've no idea what date the PCN was issued for the vehicle Gladstones are chasing payment as I don't have a kept record of paperwork for that PCN - but I do know it must have been between July 2014 - May 2015 as I didn't own the car after that.