POPLA - can this ruling be right?

Redx

as its UKPC , read this http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

and this thread too

https://forums.moneysavingexpert.com/discussion/5560729

and this duplicate over on pepipoo

http://forums.pepipoo.com/index.php?showtopic=110016

Coupon-mad

Its implicit i have a space as a resident. The landlady gets a parking permit from the mgmt co and fwds it on to me.

Exactly. The Jopson appeal case plus other actual 'case law' supports your case.

https://forums.moneysavingexpert.com/discussion/5553131

Here is a defence just written, adducing the Jopson case and a (binding) one at the Court of Appeal: Saeed v Plustrade Ltd

http://forums.moneysavingexpert.com/showth...36#post71643736

There is also 'Pace Recovery v Mr N' (recent county court small claim). Download the 'Jopson appeal case' and 'Pace Recovery' transcripts here:

https://bmpa.zendesk.com/hc/en-us/articles/...parking-dispute

A 2016 case persuasive on county courts, concerning a parking contractor, Homeguard, trying to impose its rules in conflict with the existing lease.

http://parking-prankster.blogspot.co.uk/20...erruled-by.html

The above is self explanatory and includes a link to the actual court transcript, which is what you would need to show a Judge if this proceeds. And here is 'Saeed v Plustrade Ltd':

http://www.bailii.org/ew/cases/EWCA/Civ/2001/2011.html

Summary of the above one: ''The tenant of a flat was granted a right in common with others to park on such part of the forecourt as might from time to time be specified by the landlord as reserved for parking when space was available and subject to such regulations as the landlord might make from time to time. The landlord proposed to reduce 12 spaces to 4 spaces, and to charge for them. On appeal it was confirmed that the landlord was only entitled to change the location of the spaces, not to reduce the number of spaces, or to charge for them. Held to be a breach of the well-known and well-established principle that 'a grantor shall not derogate from his grant'. ''

In any defence, you will also be using phrases like 'primacy of contract' as per today's Prankster's Blog already linked. And you can even put in a counter claim for misuse of data and the court fee for counter claiming.

JFC77

my landlady says there is nothing on her lease about a parking space entitlement.


I'm beginning to think this may be a lost cause?


do I have any grounds for appeal if there nothing on my rental agreement nor on the landladys lease agreement?


is the fact they issued the ticket to the wrong reg late in the first place any grounds for appeal in the court?
popla didn't think so!

The_Deep

It may well be a lost cause, but for UKPC, not for you, you appear to hold all the aces. The fact that your AST and her lease make no mention of parking permits leans very much in your favour. If they were daft enough to take you to court, they would, imo, fail miserably.

The purpose of MAs appointing PPCs is to drive out the rogues, the residents with two cars, and one space, those who park in the communal areas, and non-residents.

As a tenant, your landlady is responsible for granting you "quiet enjoyment" of your property. Not to do so may be an offence under the various Landlord and Tenants Acts. The MA is responsible for ensuring that the leasehold and her tenants are not hassled by their contractors. Stop this negativity and start kicking @rse.

JFC77

cool! I'll proceed with appealing if and when ukpc send their next demand
thanks

Coupon-mad

JFC77 wrote: »

my landlady says there is nothing on her lease about a parking space entitlement.


I'm beginning to think this may be a lost cause?


do I have any grounds for appeal if there nothing on my rental agreement nor on the landladys lease agreement?

Yes, you are entitled to quiet enjoyment of your property.

Never a lost cause.

JFC77

Yesterday I received a letter in the post from UKPC...goes something like we understand popla refused your appeal, finding in our favour. Payment of £100 due within 28days. Failure to do so means we pass to debt recovery agent, amount due will increase to £160 in accordance with the t's&c's of parking which were clearly displayed on our signs. Should you fail to pay our debt agents proceedings may be issued against you for £160 together with claim costs, court fee & any interest arising from court decision.


what are my next steps?


many thanks

Coupon-mad

None.

https://forums.moneysavingexpert.com/discussion/5035663

Let them pass it to call centre debt collectors. Same as ever, happens all the time.

Only take seriously a LBCCC or court claim from a Solicitor or UKPC themselves. Defendable!