Parking charges for parking in my own space

The_Deep

Unless he'll do it pro bono, the most recoverable amount of his fees would be £50 in the small claims court.


It's only money.

The_Deep

CEBJ wrote: »

There's clearly divided opinions here...

I have built my claim on my right to enjoyment, as well as SP's failure to demonstrate clear signage. Unfortunately, I have admitted liability so can't pursue that angle. Are there any other arguments I can include to make this case more likely to succeed at POPLA?

You do not need any other arguments, your space, your rules.

Make sure you make the bar stewards pay for their effrontery. It is time to put a stop to this "own space" nonsense.

CEBJ

Thanks all. Am ready to go.

I have just heard from the management company who are appealing the charges to Spring Parking on my behalf. Spring Parking has responded and said that they will respond over the weekend, which would mean missing the deadline on the POPLA appeal.

Should I put the appeal in anyway with the risk that if it fails it will compromise the management company's appeal on my behalf or should I, if need be, submit the appeal on Monday and apply for leniency on missing the deadline?

How flexible are POPLA - their website says that they accept delayed appeals only in exceptional circumstances. I have also emailed them three times with no response. You cannot speak to an operator through their phone line.

Grateful for any advice.

The_Deep

Personally, I would not bother with PoPLA, especially if you want to counter claim/sue to DPA breaches.

This is an attempt to impinge on your leasehold rights, probably an offence under The Landlord and Tenants Acts which carry huge fines, why muck about with PoPLA. If you win at PoPLA that is the end of it. Read this

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

Loadsofchildren123

I can't see how it would prejudice you to do the popla appeal - in hairray's case the MC/freeholder claimed they couldn't help because it had gone too far (rejected appeal, can't remember if it was POPLA or a direct appeal to the PPC, probably the latter) - this is total rubbish. It is of course up to the PPC to agree to cancel the PCN and agree not to pursue the driver/RK at any stage. They are not compelled to sue at any stage, by any person/body.

Loadsofchildren123

Johnersh wrote: »

The cheapest way to add the agent is to wait until you're sued and then defend with a counterclaim (part 20 CPR) via MCOL. You are permitted to join a third party in this way, counterclaim are not limited to suing the Claimant back. Since that costs £25 you might consider it worth a go....

Jonersh, I'm not sure I agree, can we consider this a bit more and can you tell me what you think? Rule 20 says this
20.5
(1) A defendant who wishes to counterclaim against a person other than the claimant must apply to the court for an order that that person be added as an additional party.
PD 20 says this:
1.2 Where an application is made for permission to make an additional claim the application notice should be filed together with a copy of the proposed additional claim.


The rule for applying to join a party is 19 and PD 19 says this:
1.4 The application notice should be filed in accordance with rule 23.3 and, unless the application is made under rule 19.2(4)1, be served in accordance with rule 23.4.


This is not an application under 19.2(4) which is an application to substitute a party, not add one.


So as far as I am aware, iaking a counterclaim against a third party requires not just a counterclaim and a counterclaim fee (the latter being a more modest £25 - although it might be a little more depending on the size of the counterclaim), but it also requires a formal application (which requires the standard fee of £255).


I hope you will tell me I am missing something (hoping that I am because if it weren't for the fee of £255 lots more people could joint MCs/MAs and freeholders to these residential claims which, I think, would stop them in their tracks).

Coupon-mad

Just do what wins at POPLA, OP!

I am appealing this charge on three grounds:

Where is your no keeper liability point? I am pushing that point for you to add it, so you WIN easily at POPLA unless you are certain you absolutely blew it in your first appeal and blabbed about who parked.

There is no point letting this lose then go to court, too stressful for you, not needed. POPLA is so easy to win for a keeper if you make the right noises - and maybe haven't named the driver; are you sure?

The_Deep

All this talk of fees, what does it matter if the PPC is going to pay.

[Deleted User]

@LoC123 regarding the Part 20 claim: upon further reflection I agree, save that you could apply without notice and on the papers at £100. Better than £255, but still enough to hurt if it doesn't pay off.

Perhaps the middle way is a letter to the management Co advising them that if held responsible for the ticket you will bring contribution proceedings under, the Civil Liability (Contribution) Act 1978. for creating a commercial relationship with the PPC that prejudices the peaceful enjoyment of the tenant. Not proceedings as such, but there's nothing like leverage, which may otherwise persuade an agent to assist to rescind wrongly issued tickets.

Coupon-mad

Perhaps the middle way is a letter to the management Co advising them that if held responsible for the ticket you will bring contribution proceedings under, the Civil Liability (Contribution) Act 1978. for creating a commercial relationship with the PPC that prejudices the peaceful enjoyment of the tenant.

That's interesting, Johnersh.

Maybe that's the sort of letter the person with 15 PCNs from Excel should write:

https://forums.moneysavingexpert.com/discussion/5686061

What sort of letter would you write if you were that victim on that thread?