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Who will rid me of this nuisance??

Good morning all
I live in a flat with an allocated parking space in the driveway. Unfortunately the area soon became a magnet for people who had no right to park, using too many spaces, culminating in the owner employing a company to manage the situation.
Sometimes I forget to put my permit up, or it falls off the dash, and I end up with a PCN - from a private contractor. I accept that I'm a numpty, but it's not malicious.
There is nothing in my lease that obliges me to display a permit, yet I cannot get the private contractor to comprehend this simple fact. Or perhaps it suits them to ignore my letters.
Any help and advice would be appreciated.
Thank you all.

Comments

  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Who will rid me of this nuisance??
    You of course - no one will do it for you. But we will help, once you’ve read and understood the NEWBIES FAQ sticky, post #1. Please note, this isn’t a ‘skim it once and hope it makes sense’ document; it will take a bit of time to sink in, so please don’t come back in 10 minutes and tell us it’s too confusing.

    Getting rid of this isn’t rocket science, but neither is it a walk in the park. If you don’t want to pay, you need to put in the graft. Thousands before you have done it b

    Which parking company please?
    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
  • Thanks for the prompt reply
    It's not that I'm lazy, it's just that this is the first time I've ever used a forum or similar.
    I will read the link you suggest, and I promise not to winge!!
    Spring Parking is the parking company.
    Thanks again,
    Nora
    p.s. I'll let you know how I get on.
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    Which company?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Spring Parking are BPA operators, therefore you have POPLA available to you as a second tier independent appeal service, so your tickets, dealt with within prescribed timescales (detailed in the sticky), can be beaten and cancelled.

    Know who you are dealing with:

    https://bmpa.zendesk.com/hc/en-us/articles/203684432-Spring-Parking-Ltd

    http://www.bmpa.eu/companydata/Spring_Parking.html
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Thanks for the prompt reply
    It's not that I'm lazy, it's just that this is the first time I've ever used a forum or similar.
    I will read the link you suggest, and I promise not to winge!!
    Spring Parking is the parking company.
    Thanks again,
    Nora
    p.s. I'll let you know how I get on.

    Being lazy can cost you money
  • safarmuk
    safarmuk Posts: 648 Forumite
    I live in a flat with an allocated parking space in the driveway. Unfortunately the area soon became a magnet for people who had no right to park, using too many spaces, culminating in the owner employing a company to manage the situation.
    Sometimes I forget to put my permit up, or it falls off the dash, and I end up with a PCN - from a private contractor. I accept that I'm a numpty, but it's not malicious.
    There is nothing in my lease that obliges me to display a permit, yet I cannot get the private contractor to comprehend this simple fact. Or perhaps it suits them to ignore my letters.

    The PPC will always reject your appeal on the simple grounds that you have not followed their terms and conditions and displayed a permit which means you owe them money. They do not care about your lease (as you have probably gathered by now) and conveniently ignore it with respect to any communication you make to them. They will not (as you have gathered by now) act reasonably, as all they want to do is make money.

    You now have two choices that I would execute in parallel:
    1. As you are fortunate to have a BPA PPC you have access to POPLA, Do not waste time with the PPC, just send in the standard appeal letter, get your POPLA code and see the claim off there using all the normal defence points that apply including in your case primacy of contract. If/when you win at POPLA it will make the next one easy to see off as well and will help with #2 below

    2. Get onto the Management Agent (presuming this is the owner) you refer to and tell them to step in when this happens and get your PCNs cancelled as the scheme is not meant in any way to cause you to lose money or be subjected to such harassment. A POPLA win will help your argument. Ultimately you can start nicely with the "owner" and then if you get no joy, start getting more forceful culminating with a Letter Before Claim (like "Hairray" did - you can find his thread via a search of this forum)
  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    like "Hairray" did - you can find his thread via a search of this forum
    ‘Daniel san’ is another case to follow - he is in the middle of a battle with his MA, and has them backed up in a bit of a corner.
    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
  • Thanks to you all for the replies, and advice, which I will now get on with.
    I'll do the research, as advised, and report back as soon as!!
    There will be a regular update from me as a courtesy to you all.
    Thanks again,
    Nora
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 31 October 2017 at 12:08PM
    There is nothing in my lease that obliges me to display a permit, yet I cannot get the private contractor to comprehend this simple fact

    This chap found a way

    https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**
    You never know how far you can go until you go too far.
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