Help with what stage and lease wording please!

Umkomaas

Just quickly on that, the keeper will be moving shortly and therefore re-registering her car. I assume if they send court papers to the old address after any re-direction period has ended then they havent been served?

I'm afraid that's your most vulnerable position. The DVLA won't be updating the PPC with your new address; they will continue to write to the address they first used.

Many have inadvertently fallen into this trap. Court papers served to old address (and deemed served) motorist blissfully unaware, default judgment given in the absence of a defence, CCJ, credit index trashed, life very difficult for the following 6 years. You will need to write to the PPC (and any debt collectors involved) to inform of new address. You need to get proof if posting by snail mail, or if by email, cc to yourself at a separate email address to prove that it was sent.

Brundlecat

!!!!!!. Typical. I'm selling the flat so after a year of postal re-direction that will be that.

How would we know they still served papers at the wrong address even after notification?! Only when the keeper gets a CCJ? And could that be overturned if we could prove we notified them?

Obvs very much hoping none are served at all but this makes me think the keeper might just give up on the sharing of this news.

Umkomaas

If you get a default CCJ it can be referred back to the court, but that will cost you £255. Recoverable only if you win a further court case against the PPC. ParkingEye have been the most rapacious in this context, now resulting in a bit of karma via a class action against them. See the following:

http://casehub.com/cases/parking-eye-ccj-fines

Obvs very much hoping none are served at all but this makes me think the keeper might just give up on the sharing of this news.

But you are really looking at the absolutely worst case scenario. No need to contemplate any payment at any stage - just see what comes out in the wash. Take it easy.

Brundlecat

Ok, thank you so much! Appeals going in today and I'm certainly contacting the landowner in the vain hope thy step in.

Brundlecat

Apologies for a further question, I have obviously read through the whole newbies thread and the page with links to successful appeals to landowners but these all seem to be retail or business related. Can anyone direct me to a template letter to appeal to a landowner with whom I personally have a lease since the NTKs in this case relate to a space in residential flats that I own and am the leaseholder of. I want to write to the landowner of behalf of the keeper regarding the charges as well advising the keeper to ignore the offer of an IAS appeal. My hope is that the landowner steps in to prevent this going to IAS or court! Any history of that happening on these forums?!

Additionally having combed through my lease I realise now that I have been dealing with an agent of the management company, not the management company directly, so I think I should write to them too? It seems likely that the agent will have had any contract signed by the management company not the Landlord (I hope!)

Umkomaas

There are no templates for [STRIKE]appeals[/STRIKE] complaints to landowners (or any other form of complaints). You might find examples, but the variables you refer to makes it unlikely you will easily find one.

Wouldn't waste too much time searching for a perfect example, best draft your own - advice we give to everyone in terms of complaining.

Brundlecat

Ok, thank you!

Brundlecat

Just a quick update:

The keeper sent appeals for three of the 4 PCNS, only the ones we have received NTKs for. The other one hasn't had an NTK sent for some reason. Only one appeal was acknowledged and has been rejected.

I also wrote to the property managers agent again but he is continuing to say we have to appeal to the company and pay any charges, although he did say he would ask if anything can be done even if this meant 'appealing to their better nature'. Haha! So I am waiting to hear back from him.

I actually received the appeal rejection after the property manager said he would 'appeal' to them so I'd quite like to email him again stating that our appeal directly to the company has now been rejected and let him know that we won't be going to second appeal with IAS for all the reasons laid out in this forum and that we will be awaiting court papers.

I am trying to get my ideal outcome which is that the manager gets sick of me writing to him, pulls his finger out and gets these stupid charges cancelled and feel that suggesting I might have to bring them into a court case might help with that. I assume that if we did go to court I could reference their poor management as part of my defense?

Brundlecat

I have drafted the below follow up email to the Managing Agent

I would appreciate a quick once over to let me know if there is anything else I should say as a last push for cancellation. I would really rather not have to go to court!

TIA for any feedback!

Dear X

To update you on this situation, we have followed your advice and directly appealed to your parking agent on the grounds that we are residents at the property, parking in our own space and had not received the new permit issued. The parking agent acting on your behalf has now rejected this appeal and advised us that we must proceed to the Independent Appeals Service.

Upon advice taken, and as laid out in the appeal letter, we will not be utilising the IAS appeal system as this lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Please be advised that should this issue proceed to court for recovery of the money you claim we owe, we will be counter claiming the alleged loss and our expenses from (their name) as you have been aware of our status as residents and the legitimate utilisation of this space since 8th June, therefore your decision to continue to ticket the car and not to intervene in the cancellation of these charges is your failure alone to mitigate any losses to you for agency costs, debt collectors or solicitors fees passed on to you by your agent.

I urge you once more to put a stop to this escalating situation now by requesting your parking agent cancels these charges with immediate effect.

Regards

Ralph-y

you could ad some thing along the lines of ....


that you (the management company/landlord) will be held joint responsible as the PPC is an agent of the management company / land lord , and as such you will be asking for a 'named person' is such does end in court ....

good luck

Ralph:cool: