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5 PCN TICKETS issued for parking in my own allocated space (residential) 5 TICKETS!

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2

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  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Perhaps some people like to write their own stuff CM, I do. If you give me the link, I will have a look at LOC's piece and see if I can improve it).
    You never know how far you can go until you go too far.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Check towards the end of hairray's thread ... the link to it is in there.

    Edit: direct link ... http://forums.moneysavingexpert.com/showpost.php?p=72563506&postcount=111
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Hmmmm, I skimmed it, it would not win any prizes for brevity.
    You never know how far you can go until you go too far.
  • anitasingh
    anitasingh Posts: 11 Forumite
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    I found one elsewhere and it is by far the most detailed I have seen - I will be using a lot of it but cannot post links here because i'm a new user.You can find it on scribd using 348528763 and it's title is LBC V2. Anyone who can find it can post the link (longtime users) below for the beenfit of others...
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    When I worked in the FO, I was sometimes called upon to provide draft replies to parliamentary questions. They had to be not more than I side of A4 in double spacing.

    I understand that a recent High Court Judgement on a rather mundane matter, (so unremarkable that I have forgotten what it was about), ran to 16,000 pages, are lawyers paid by the word?
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,363 Forumite
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    edited 18 May 2017 at 11:40AM
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    The_Deep wrote: »
    When I worked in the FO, I was sometimes called upon to provide draft replies to parliamentary questions. They had to be not more than I side of A4 in double spacing.
    And in your neatest handwriting too TD? Those plumes must have been very awkward to write with! :D
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • anitasingh
    anitasingh Posts: 11 Forumite
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    So, update; both the mgt coy and pcm are playing dumb. mgmt coy saying they cant do anything even though they have discretion. PCM officer wrote back saying something like this...
    I cannot assist with the below in relation to the outstanding parking charge notices. You are obliged to follow appropriate appeals process and options available to you as set out in the appeals response.

    At this stage, I want to reply saying something like; I will not be appealing any further, but the minute I get a letter claiming for any debt collection or such, etc., either by them chasing me for money, or an error of omission, I will immediately proceed with my legal case to bring charges and recover for trespass, etc.
    Or should I just ignore them all together until they take it as far as they can and try to take me to court?
  • Fruitcake
    Fruitcake Posts: 58,251 Forumite
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    Dear management company. You are stupid and ignorant and obviously should not be in charge of a doll's house let alone a residential estate.

    I have stated the legal position. My lease trumps third party lies. Either cancel or take me to court where I shall prevail and you will be jointly liable at £250 for each an every breach of the DPA.


    I wouldn't ignore this; I would keep hammering home that your rights as conferred to you in your lease have primacy of contract over anything the management company or parking scammers say. They can get these cancelled if they want to, otherwise you will see them in court. Copy to the parking scammers.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • anitasingh
    anitasingh Posts: 11 Forumite
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    I appealed again and PCM rejected. I have now drafted this reply. I have sent to a law firm and paid for them to send it, and they said they will defend me. BUT i just want to update you guys on the draft i sent...

    I understand that despite all my attempts to resolve the issues I have highlighted with respect to parking tickets: XXXX, XXX, XXX, XXX, XXX, XXX, XXX, you and your operative still continue to issue me tickets on my vehicle whilst legally parked in my allocated space. You also confirm that you will seek to recover the monies you claim I owe and may proceed with court action against me.

    In response to your last correspondence, please find a copy of my lease with sections highlighted showing the relevant paragraphs highlighted as proof, so it appears you are mistaken, as I do have the right to park in my allocated parking space (without need for a permit) and the tickets were issued incorrectly thus not compliant. If you decide to issue proceedings, I will defend them. I have also sought legal advice, and will like to let you know that if you do proceed, I will begin proceedings immediately to sue for all the tickets you have issued, and will seek to recover all costs, loss of earnings, as well as damages for trespass, conducting business on my allocated space, and harassment to say the least. I reserve my right to do so, either now or in the future.

    For your information again, I am the keeper of the vehicles in question, and I will not be paying any of the so called fines/tickets/charges. I will now request that you;

    • Either directly (or via the estate management company who you act on behalf) point out where in the lease it gives PCM (UK) or the management company, the right to 'unilaterally' impose these rules bearing in mind the clauses that unconditionally gives me the right to park in my allocated parking space
    • Do not write to me again, except to make a claim against me, to point out your ‘legal’ authority to write tickets on my allocated space, or to confirm cancellation of all the tickets above
    • Do not chase me for a debt that I do not owe. If you do, this will be considered a criminal offence and I will have to report the matter to the police. This is for your information and warning under the Protection from Harassment Act
    • Do not issue any additional tickets/notices or demands for payment of a debt on my allocated space. If you do, this will be considered chasing me for a debt I do not owe, which is a criminal offence and I will lodge a formal case against you with the police. This is for your information and warning under the Protection from Harassment Act
    • Inform me if you decide to pass the so called 'debt' to a debt collection agency. Failure to do so will be considered harassment, which is also a criminal offence

    Please, do not ignore this letter. I am claiming that I do not owe the amounts/charges you are requesting me to pay and I have provided proof. Consider this letter a section 10 request to delete and stop processing my personal data under Section 10 of the Data Protection Act 1998 (DPA). The processing of my personal data is causing me substantial damage and distress. If I do not hear from you in 5 business days (with respect to the above points) or subsequently get any other tickets on my allocated parking space, I will have no choice than to send a copy of this letter and every other correspondence to;

    • The IAS, for their information/my complaint about how you have dealt with this matter
    • The Police, for the information, and to protect my rights from harassment
    • Mgmt coy, for their information about the potential civil/criminal offence
    • Information Commissioners Office (ICO)
    • Ombudsman Services, to make a complaint about the property coy
    • Simon English (Evening Standard), for his information/publication as an article
    • BBC WatchDog, for their information, and possibly to contact you for your comments

    What do you all think?
  • Half_way
    Half_way Posts: 7,054 Forumite
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    Needs altering a little, for example vehicle was legally parked should be vehicle was rightfully parked.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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