PPC Tickets & Tortious Interference - Help Needed

george_kate

Hi all

In January I received three PCNs for parking in my allocated space for my apartment whilst displaying an invalid permit (long story short, management company had sent out new permits, which I never received and was unaware of new permits as they are practically identical).

I've made stage 1 and 2 complaints to the management company about the PCNs. After the stage 1 complaint the PPC agreed to cancel the first PCN as the stated location was wrong. After the stage 2 complaint, the management company have requested that the third PCN be cancelled.

My issue is the second PCN still being upheld. I have been advised to send the management company a letter on Tortious Interference. My landlady has sent me a copy of the head lease, and on reading it, there are a few paragraphs that I'm a little unsure of due to the wording. I was wondering whether somebody with experience might be able to help clarify for me? There are parts on quiet enjoyment and the right to pass and repass, but a couple of other paragraphs have me feeling a little less confident.

I am taking my complaint to the Ombudsman now, and in the event that they side with the management company and I have to take the ticket to court, I would be using the lease as part of my 'defence' (especially seeing so many cases recently where the judge rules that the lease supersedes any PPC terms and conditions).

Thank you,

george_kate

Coupon-mad

You can show the paragraphs here or scan in a page or two, host the scans on tinypic or photobucket and post a broken link to the page, as you are a newbie (change http to hxxp). We will take look at the wording you are worried about, bear in mind we are not legally qualified but have seen loads of these cases.

george_kate

Hi Coupon-mad,

Thank you, I really appreciate it. I just don't want to turn around and be told that actually I'm in the wrong in terms of the lease.

Third Party Right of Contract
hxxp://i67.tinypic.com/5arp0m.png

Parking Costs (Paragraph 4)
hxxp://i67.tinypic.com/2djt1fp.png

Payment of Agents (this kind of thing about agents is scattered in a few sections
hxxp://i66.tinypic.com/2s1wrgy.png

I saw that you helped Stuart Hamilton with his defence for court in January. My tickets have been issued by the same company, so it was quite nice to read that the judge went in his favour.

Thank you again.

Coupon-mad

Third Party Right of Contract
http://tinypic.com/view.php?pic=5arp0m&s=9#.WLNmKvmLTIU

'The Parking Costs'
http://tinypic.com/view.php?pic=2djt1fp&s=9#.WLNmZfmLTIU

Payment of Agents
http://tinypic.com/view.php?pic=2s1wrgy&s=9#.WLNmsvmLTIU

Can't see anything that works badly against you. For there to be 'adequate notice' of a parking charge and parking rules/terms, they would have to be stated in that contract. Terms and charges can't be bolted on later, especially not by a third party issuing what amounts to a penalty for conduct (parking) already granted by the lease.

george_kate

Thank you very much Coupon-mad! At least now if it does go as far as court I can be confident in the lease.