5 x PCNs for Parking - Own allocated residential bay

ViperX

didnt read the forum and made the mistake of following the PPC appeal and instructions. I didnt feel I had anything to hide as I've done nothing wrong and honestly thought it was some misunderstanding and a mistake by the PPC as they've ticketed me before by mistake.

ViperX

Its time for my POPLA appeal. I am looking to appeal using the below. Please let me know if I should be adding more to this. I am still going through various forum threads.

xMuppetsLtdx have issued four Parking Charge Notices to the registered keeper/driver xDRIVER of a Buggati Chiron (I wish ) (REG: xxx xxx). At the time of issuing the Parking Charge Notices, the vehicle was parked within a secure gated residential car park, within the boundaries of the designated bay xx allocated to apartment No. xxx xxx building where the registered keeper (xDRIVER) resides and has been for the past 5 years. The vehicle was clearly displaying a residence permit which also has a unique permit number xxxx issued to xDRIVERx when they moved into the property. The permit was issued to them by the letting agent who was provided with the permit by the Landlord. These permits are printed and issued by the Building Management Company (xClownsCorpx) who contract xMuppetsLtdx to prevent misuse of parking space.

xMuppetsLtdx have rejected the initial appeal made by the driver claiming the permit on display was a photocopy.

Additional Information:
· The car park is a secure gated carpark for residents accessible only a remote fob or key combination
· Permit displayed has no expiry date
· Permit displayed appears to be identical to other vehicles parked within the carpark


Basis of Appeal:


1. The driver is a legitimate user of the car park and resident of xxx xxx building

· Attachment-1
2. The vehicle was parked displaying the supplied residence parking permit (Unique Permit Number xxx) assigned to the Flat xxx xxx xxx

· Attachment-2
3. The permit displayed has been in use by the driver for nearly 5 years
4. The permit displayed has been observed by xMuppetsLtdx in the past with no objection. (Evidence Attached).
· Attachment-4
5. It is unfair to raise any concerns regarding the authenticity of permit after nearly 5 year of use by the driver
6. The vehicle was parked within its allocated/designated parking bay (Number xx)
7. The vehicle was parked with the boundaries of the allocated/designated parking bay (Number xx)
8. The amount demanded is not a genuine pre-estimate of loss. The driver was parked within their designated parking space at their residential address, therefore there was no cost caused to the landowner nor legal standing to form contracts or charge drivers

Having further looked into the contractual agreement and liaising with the landlord (who has subsequently been in touch with xClownsCorpx), the driver also wishes to appeal on the basis of the below:

1. Landlord’s Primacy of Contract
2. No contractual agreement with xClownsCorpx or xMuppetsLtdxe who and the Landlord who owns the parking space to display a parking permit when parked within their own designated parking bay.
3. No contractual agreement with tenant to display a parking permit when parked within their own designated parking bay.
4. No evidence found to suggest owner authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
5. The vehicle was parked in compliance with the Driver’s Tenancy Agreement and no evidence to suggest contract between landlords to display permit.
6. Interference with Tenant’s right to Quiet Enjoyment
7. Misleading and ambiguous signage



I then go on to include more regarding each point above which are my main basis of appeal. I have a propety management solicitor on standby who has gone through my case and will essential step in if this goes to court.

Loadsofchildren123

I don't "do" POPLA, I concentrate on proceedings. Others will be along to advise on the appeal.


If you lose at POPLA do not get too worried, you have a strong, winnable case.


I think it might be prudent for you to get some written evidence from your L/L now, in case either L/L stops being helpful or if you've moved out by the time/if they issue proceedings and then he doesn't want to know.


Get him to write to you to confirm:
1. He either owns the space as part of the "demised property" under his leasehold, or has exclusive rights to it.
2. The lease contains no restrictions or obligations in respect of the parking, save that it must only be used to park a private vehicle. Nobody, neither the management company or the freeholder, has the power to remove the parking rights or to impose new restrictions on how they can be exercised, nor is there any right for separate charges to be levied in respect of the parking.
3. That the permit he provided to you via the estate agents was the one he was given when the PPC was brought in by the management company.
4. that he has never consented to the attempt to introduce restrictions on the manner in which his space may be used;
4. that he has ordered another permit because he is embarrassed by the way you are being treated, not because he believes the one he passed to you was not the original.


Then when it comes to it you can exhibit this to your evidence. In your evidence you will say that the permit was always accepted as valid until suddenly now; the signage does not identify what a "valid" permit is; your permit is indistinguishable from other permits used by the other residents and any slight variation in colouring was presumed to be minor bleaching from sunlight; how a previous pcn was cancelled and they clearly accepted at the time that you were a permit holder, ergo the permit was "valid" and you were entitled to rely on that by continuing to use the same permit etc etc - you get the gist.


Some of these points are also legal arguments for your defence (eg that you were entitled to assume the permit was valid because they'd previously cancelled a pcn when you were able to prove you had a permit - I think there's an estoppel argument there that they cannot accept your permit is valid one moment, you rely on that by continuing to use it, and then several years later they start claiming it isn't - they should be "estopped" from doing so).

Loadsofchildren123

read up Daniel san's thread and hairray's thread about residential parking cases.

ViperX

Thank you for taking the time to read my case and for your very helpful and informative response.

I was never planning on a POPLA appeal and was hoping to get this squashed before it got this stage. My LL tried for 3 weeks to get the MA to cancel the tickets. MA response was that do not have the authority to cancel tickets and its wholly up the PPC. Does anyone know how true this is? This doesnt sound right to me.

KeithP

ViperX wrote: »

Does anyone know how true this is?

It's not true.

Depending on their contract though, it may cost the MA money or simply be in the 'too difficult' pile.

Loadsofchildren123

^that +1
The LBCs on those other threads explain why

Loadsofchildren123

^that +1
The LBCs on those 2 other threads explain why