Parking ticket in own bay No Permit - appeal rejected

aleks1244

Thank you for your correspodence,

You have not provided any evidence to support your purported right to park. Our client has been instructed to manage the relevent land and without concession you have failed to prove otherwise.

As the contractor is between you and our client, our client does have the authority to enforce parking charges, both cvs v hm revenue & customs 2013 and parking eye v beavis ca 2015 made it clear that a contracting party need not show they have a right to do what they have promised in the performance of any other contract, nor is, (in case of parking operator) the agreement between operator and landowner of any revelance. In any event, and without concession, our client did have authority from the landowner to operate on the land.
);
As you did not pay the charge within the 28 days allowed you are in breach of contract, brech of contract entitles the innocent party to damages as of right in addition to the parking charge incurred. As you didnt pay the charge the matter was passed to us and the debt has, as a result of this referral risen as our clients staff have spent time and material facilitating the recovery of this debt. This time could have been better spent on other elements of their business. Our client believes the costs associated with such time spent were inccured naturaly as a direct result of your breach and as such claims them as a damage. The costs are a pre determined and nominal contribution to the actual losses alternatively our client does not have a right to costs pursuant to the sign, ie the contract.

In event payment isint made in nextv14 days from the date of this letter further legal action may be taken


ALOT OFF !!!!!!!!, WHAT NOW? Im a little late with reply they dated this letter 19th jan which is bull !!!! as i was in untill the 23rd and there was no letters... They sent it when i was actually away

Helpppp please

Coupon-mad

I would just send the same letter again until they read it. Really they've not replied at all to a word you said.

Stop panicking - this will end up in a claim to defend which is better than this rubbish, and winnable. Get used to it - breathe, we can help.

safarmuk

Very winnable I would say - this is a complete joke.

@aleks1244 - have you spoken to your landlord? If not, from experience, you need to try and get hold of him and explain. Landlords do not like to hear about this sort of thing if it is effecting their tenants like this. If you go through an agent, contact them and tell them forcefully you want to speak to the Landlord as this is a breach of your AST (assuming your AST doesn't say anything about having to display a permit and that if you don't you are liable for a £100 invoice).
Once in touch with your Landlord tell him (nicely!) to speak to the Managing Agent and sort this situation out - the only outcome you want is a letter from UKPC saying the PCN is officially cancelled.

Whilst you wait for any further rubbish in the post this is a good avenue to investigate.

And as C-M said don't stress about this.

aleks1244

Safarmuk I tried contacting the agent but they are useless, they say they don't get involved in such things as its my personal problem. You can never depend on such people.
thanks anyway

and i have sent the same letter by post once again without editing anything.

hopefully they will use their common-sense and reply to the questions.

The_Deep

As a landlord, I would take it personally if a MA/PPC was trying to deny my tenants their rights to "quiet enjoyment" as granted by their tenancy agreement i.e. by my good-self.

If the MA appointed the PPC, they are responsible for their behaviour, get you landlord on side and be very firm with the letting agents.

ratechaser

Letting agents never want to get involved with anything they can't charge you for. You should be asking them for a service address for the actual landlord (which they are legally obliged to provide), and then write to them.

safarmuk

As a landlord myself like The Deep, if I was made aware of this I would do something about it ... so phone up the LETTING agent and tell them to put you in touch with the LANDLORD - your AST rights are not being honoured and you'd like to have a chat ...
You pay rent, they adhere to the AST.

Once in touch with your LANDLORD you should explain you didn't sign up for this rubbish and he/she needs to speak to the MANAGING AGENT or authorise you to in order to get this sorted.

In the meantime you wait for GS to issue court papers, create a winnable defence here and then have your day in court.

Further Edit: as C-M says below, the LETTING agent are just the means to get to the LANDLORD who can get talking to the MANAGEMENT AGENT who very likely instructed the PPC and who can therefore get the ticket cancelled. Do not give up on this parallel avenue.

Coupon-mad

It is nothing to do with letting agents but everything to do with the managing agents.

aleks1244

its been a while since i last heard i tried checkin@ status of the invoice but it wont find the char@e,

so its the waitin@ @ame?

Coupon-mad

Yes, they have either lost the case down the back of the filing cabinet as they have too many on the go, or it will surface later this year or later. Keep everything in a file.