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PCN to keeper questions

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Hi guys

I’ve had a good read of the newbies sticky thread about what to do in for PCN’s.

Short story, had a windscreen parking ticket at a residential site which require a permit to be displayed (live and own the space which had ticket, just the permit slipped off the dash). Waited until I received a NTK letter which I’ve now got. The parking company are members of IPC so I know which template I’ve got to use. So my question is, which may sound stupid is do we put all the questions in the template even if some of them are already shown in the NTK (e.g photos with time stamps etc) ?

Also once I send the template, do I just wait for a reply and go from there?

Sorry if these questions have been asked before but couldn’t find anything clearing up what I’m asking.

Thanks.
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 9 November 2017 at 12:42AM
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    in theory , yes , do it anyway , make them work for a living

    if you want to remove any of the questions because the evidence is in your hand , do so

    whatever you do wont alter the outcome

    they routinely reject all initial appeals, regardless

    even if you said the driver went to the ISS and the keeper had gone to MARS and died on landing , they would still reject it

    then its IGNORE MODE for 6 years , UNLESS you get an LBC or an MCOL in the post (do not use the IAS , kangaroo court , no , no , dont even think about it)

    then come back for advice again at LBC or MCOL stage

    meanwhile check your lease or AST or whatever about the parking rules (if any are mentioned at all) - plus complain to the M.A. and get it cancelled

    the PPC is not there to harass residents

    see the posts on here by daniel san and hairray
  • Lauybob
    Lauybob Posts: 62 Forumite
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    Hi

    Thanks for your help!

    With regards to the lease, they’ve made an additional development regulation under clause 8(b) of the lease which says “the management company shall be entitled to enter into agreements which it deems necessary for the efficient and proper organisation and running of the estate”.

    Apparently we are obliged to comply with this as new regulations are made binding by sixth schedule part 1 clause 17 of the lease (covenants by lesser and management company) “to comply with and observe any reasonable regulations which the management company may make to govern the use of the apartments and the reserved property and for the food of the management of the same.”

    So where does this leave me? Is It even worth emailing/writing to the M.A as the NTK says it’s no point as it’s nothing the MA can do at this point?

    Should I just send the template and do nothing else as you say?

    Thanks for your help!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    “the management company shall be entitled to enter into agreements which it deems necessary for the efficient and proper organisation and running of the estate”.

    That doesnt state they can force YOU into
    1) being forced to contract for somerthing you already have, namely the right to park
    2) being forced to contract with a third party who is a complete stranger to you and your lease, which has primacy
    3) being forced to make any payment to anyone, outside of the ground rent payment covered in your lease.

    "reasonable regulations "
    A regulation which leaves you worse off is unreasonable. A regulation trying to do the above, is unreasonable. And, in addition, the regulation just says the MA can enter agreements. It is rediculously loosely worded, and does not authorise them to do anythign specific.
  • Lauybob
    Lauybob Posts: 62 Forumite
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    Thanks for the very insightful information all.

    So I’m going to email the PPC with the template. What do I do if I get a reply? Just ignore until I get a LBC or MCOL?

    Also is it worth emailing the MA about the points you guys just stated?

    Thanks again everyone for your help
  • Coupon-mad
    Coupon-mad Posts: 131,807 Forumite
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    What do I do if I get a reply? Just ignore until I get a LBC or MCOL?

    Also is it worth emailing the MA about the points you guys just stated?
    Yes and yes.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
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    Yes, telling the MA you do not recognise the ppc as having any legitimacy over you, and you require the ma to instruct their agents that they must not issue any tickets to any vehicle parked with your permission and in accordance with your lease. You don’t care how they achieve that.
  • Lauybob
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    I've now sent an online appeal to the PPC, and also emailed the MA to get them to cancel the ticket! I will update if I get any news, or start a new thread if I receive a LBC or MCOL.

    Thanks for your help everyone :)

    Hopefully some of these replies will help anyone else caught up in a similar situation!
  • Umkomaas
    Umkomaas Posts: 41,363 Forumite
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    or start a new thread if I receive a LBC or MCOL.

    NO!

    Please don’t start a new thread, use this one as it contains all the context regarding the charge.
    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
  • Lauybob
    Lauybob Posts: 62 Forumite
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    Hi guys,

    I've just received a LBC letter in the post from Gladstones Solicitors.

    What do you advise I do next?

    The copy of the letter is here (cant post links) imgur.com/a/yc2gepx
  • Le_Kirk
    Le_Kirk Posts: 22,322 Forumite
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    Here is your link ....
    https://imgur.com/a/yc2gepx


    ..... but you know what to do if you have been here a while posting at various stages, go back to Newbies and read (re-read) post #2
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