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2 PCNs from NPM at Apartment Residence & now Threat from ZZPS Ltd

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Hi, looking through the threads here, I'm another similar victim of these scammers that issue PCNs, so you've probably heard the same story every day.

Anyway I recieved 2 PCNs at the apartment complex I live in, for Not Displaying a Valid Permit, the 2nd one was issued before I even recieved the first on in the mail. I displayed the permit that I was sent in the mail, but forgot to fill in the registration, so they've deemed this as costing them £320 somehow. I appealed on their site being naive, and I pointlessly appealed to IPC, having not searched that they were a kangeroo court and very unlikely to side with me, I didn't state I was the driver on my appeal to the IPC, but filled in some form with my name to NPM with my name, funnily enough both I and my father share the same name and drive the car so I'm wondering how they will prove which one of us drove the car.

Fast forward to today, after recieving some more threatening letters from NPM, which upped the amount of the PCN, they've passed it on to this "debt collector", ZZPS Ltd, who I've seen are a rogue agency that was shut down previously and reinvented itself at the same address under a new company.

I intend to ignore ZZPS, but I'm not going to be thrilled with endless threats in the mail, and I've read of people in the same situation as me, ignoring these for 2-3 years and suddenly receiving a court summons. I obviously want to avoid this, and deter receiving mass of threats.

What do you guys advise about it? I feel contacting ZZPS or NPM is pointless, they won't see reason.

Contact the head of the housing association for the apartments? I've heard from other residents who've recieved the PCNs, he's unwilling to do anything, and I'm guessing he gets a kick-back from the tickets issued.

Contacting my local MP is pointless right now with an election, and so I'd have to wait till after, which I still feel is going to be pointless.

I'm still guessing the main advice is to just ignore, and put up a defence if/when a claim comes in, I guess there is the bonus issue that its very unlikely for me to still be living in the UK in 2 years anyway but still, it's all very stressful, and struggling with work and a chronic illness is stressful enough.

Comments

  • Are you a leaseholder or a tenant?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Umkomaas
    Umkomaas Posts: 43,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'm still guessing the main advice is to just ignore, and put up a defence if/when a claim comes in, I guess there is the bonus issue that its very unlikely for me to still be living in the UK in 2 years anyway but still, it's all very stressful, and struggling with work and a chronic illness is stressful enough.
    That's about it.

    Are you leaving the UK on a permanent basis? If you fail to answer any court papers you are likely to end up with a CCJ affecting credit rating. This will affect you for 6 years (in this country), but if you're leaving for more than that period it's not such a great issue.
    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
  • I'm a tenant, my tenancy agreement, doesn't mention anything about a permit or parking, and simply mentions I have the right to use "any shared rights of access, stairways, communal parts, paths and drives". The NPM have only managed the site for the last 6 months, and I've been living here nearly 3 years now. The landlord who is the leaseholder, is unlikely to help me because we have an ongoing issue of a work contractor who came to fix a heater, who damanged it, and put the blame on us with the letting agency siding with the contractor.

    I'll be living permantly in China, I'm thinking should I send them something to that effect, "please send any correspondence to my residence in China", with that address. It could either put them off, or make them take it to court and then bother my relatives with a court judgement? I could get a relative to reply to any court judgements if they came to the right address, but I don't really want to forward this scam firm my parents address, for them to spam them with threats instead.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Make you landlord aware that it is in his/her best interests to help you, the next tenant may be a tent from hell who sues him, along with the PPC, for interfering with their "peaceful enjoyment".
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If there is nothing in the lease/AST about permits then you would win hands down if it went to court.

    You could send the scammers and the MA a cease and desist letter, withdrawing any implied right of access to your demised space. Add the info from the Prankster's blog about judges stating that a third party (parking scammers) cannot add Ts and Cs to an existing contract (lease/AST) with another party (landowner.)

    Rinse and repeat every time you get a new PCN.

    After that ignore anything and everything except real court papers. When you move you provide the scammers with your new service address in China.

    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html
    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
  • scrib2074
    scrib2074 Posts: 25 Forumite
    I'm dealing with NPM at the moment as well and they've also been on site a short while, only a year or so. I also received 4 PCNs for not displaying a valid permit, in my case I filled in the registration but filled it in again after buying a new car so according to them I invalidated myself. Looks like requiring residents to display permits and also write their registrations on them is a nice little scam, one way or another.
  • Half_way
    Half_way Posts: 7,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Please read these from Lynzer on pepipoo, and come back with your thoughts and ideas. its important to be pro active in these cases especially with residential cases.
    Again courtesy of lynzer on pepipoo

    Background info : http://www.thebridesmother.co.uk/Media/residential-parking.pdf

    ideas for templates - re write and use your own dont use as is
    http://www.thebridesmother.co.uk/Media/Templates.pdf

    again, courtesy of Lynzer on Pepipoo, post your thoughts here and anything you may send for analysis before sending anything off to the management company/landlord/ppc
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Thanks for the templates, I'm a bit confused about leaseholder vs being a tenant in the templates, my tenancy agreement is a Assured Shorthold Tenancy and has no mention of permits for parking. Do I need the landlords help in this matter? Or do I just change the templates from lease agreement to tenancy agreement?

    On another note, these parking fine companies and debt collectors are such scum, I'm thinking of gathering all the residents who were affected and going to the local newspaper and national ones, has anyone had any success with this type of thing, or advice?
  • Coupon-mad
    Coupon-mad Posts: 152,173 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 May 2017 at 8:53PM
    Do I need the landlords help in this matter? Or do I just change the templates from lease agreement to tenancy agreement?
    A bit of both, depends how helpful your LL is and what his lease says about his right to park, that he has lawfully conferred upon you. If you have no hope of knowing that/contacting him/her, then concentrate on your own rights to peaceful enjoyment.

    On another note, these parking fine companies and debt collectors are such scum, I'm thinking of gathering all the residents who were affected and going to the local newspaper and national ones, has anyone had any success with this type of thing, or advice?

    We agree wholeheartedly. Loads of complaints about parking firms appear in the press, and many go to MPs as well, so be that person, make those complaints. MPs will be keen to secure votes right now so contact yours and mention this debate (read the actual debate first):

    http://parking-prankster.blogspot.co.uk/2017/03/parliament-discuss-unfair-parking.html

    As Fruitcake rightly posted on another thread with a similar scam being played out:
    Some MPs (not many) are clued up on this scam. Always tell your MP to talk to The Right Honourable Jacob Reese-Mogg MP, as he is an expert in this matter and was very forceful in the recent parliamentary debate on this subject.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Definitely send them formal notification of your new address in China. Send it recorded and ask that they respond to confirm receipt (they won't).
    If they don't respond, send them a printout of the signature from when it was delivered.


    Absolutely do NOT provide them with an alternative UK address - your parents or anyone else's.


    They won't serve you with proceedings in China and you don't want them serving you at a UK address you've supplied them with. But what they could do is use your old address - serve proceedings there which you don't even know about and proceed to get a CCJ when you don't defend. If you've done the above you can use that to set it aside. Make sure you keep that paperwork.


    If you are moving permanently, it's less of an issue for you.


    If you do end up having to apply to set aside/defend a claim before you move, do try to get your landlord to confirm in writing that he has the parking rights to the space granted to him in his lease, and confirming that although the AST is silent on the matter, he granted you those rights orally.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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