POPLA Appeal Rejected - Parking in Own Space

tabadabba

I was hoping to get some advice on my next steps following my rejected POPLA appeal.

I have a leasehold property with an allocated parking space. I had parked in my space, but failed to display the permit. I originally appealed with the parking company stating that I had parked in my own allocated space but that the pass had probably slipped between the dash and windscreen (which it often does). I made the mistake of identifying myself as the driver as I hadn't read the MSE forum before appealing.

The parking company is a member of the BPA, so I appealed through POPLA. I made it clear that I am the leaseholder and thus "own" the land on which I parked, and backed up my argument with the decisions of JOPSON V HOME GUARD SERVICES and PACE RECOVERY AND STORAGE V MR N mainly referencing primacy of contract.

POPLA have rejected my appealing and have largely referenced the "clear signage" that allows me to see that I have "entered into a contract" with the parking company.

Any advise on what to do next is greatly appreciated. Unfortunately I have incriminated myself as the driver; however, I refuse to pay this unjustified charge!

KeithP

You will now receive many letters from debt collectors.
Post #4 of the NEWBIES FAQ sticky thread give comprehensive guidance on how to deal with those.

Apart from that, wait and see if the PPC takes court action.

Post again on this tread if you receive a Letter Before Claim or official court papers.

Who is the parking company?

tabadabba

Thanks for your help.

The company is Minster Baywatch.

Coupon-mad

I originally appealed with the parking company stating that I had parked in my own allocated space but that the pass had probably slipped between the dash and windscreen (which it often does).

Opt out, stop dancing to their tune. WHY are you displaying a permit in your own space, say no the the Managing Agent and opt out.

Are you the leasehold owner (not a tenant) and is the space demised to you in your lease, maybe marked on a map or something? If so it's yours exclusively, and you are letting yourself enter into a potential contract when you DO NOT HAVE TO. Refuse, stop.

Ignore MB now until you get a LBC or court claim, then we will help you defend.

tabadabba

I am the leasehold owner. And the space is marked out in my leasehold document.

I plan to sit on the board this year and vote out the parking cowboys - we have a gated carpark only accessible by fob anyway.

I will ignore until there's an LBC or court claim.

Thank you.

nigelbb

tabadabba wrote: »

POPLA have rejected my appealing and have largely referenced the "clear signage" that allows me to see that I have "entered into a contract" with the parking company.

The PPC cannot offer a contract to park in your own space provided you display a permit any more than they can offer the use of your bedroom provided your wear blue pyjamas & "fine" you if you don't.

fisherjim

In a sensible world you would tell the muppets it is your space they are there to protect your rights cancel and back off, but this is PPC land, and being sensible does not extract cash!

nigelbb

To put the argument in more formal terms I am grateful for the following to a posting by Churchmouse (also known as Kirchenmaus of this parish) on PePiPoo.

Parking signs erected in a car park cannot offer a valid contract for parking where the Lessee (the Defendant) already enjoys an existing right to park in that car park, as granted to him in the original lease.

In a car park where the Defendant already has the right to park, the Claimant's offer of parking (subject to certain conditions) fails to offer anything of value to the Defendant and, thus, contains no consideration for the formation of a contract with the Defendant.

In a car park where the Defendant already has the right to park, the Defendant's act of parking cannot reasonably be interpreted as the acceptance of the terms of a parking contract for parking in that location, as offered by the Claimant.