Help needed - NPM Multiple PCNs to a resident

SaulGoodman

Hello all.

This is my first post on here and having spent weeks and weeks reading through the amazing information on this forum as well as over on Pepipoo and LegalBeagles, the time has come for me to finally ask for some direct help. I'm sure my situation is similar in nature to others that have posted on here, so I apologise if this is already explained somewhere else. I have also posted this same thread on Pepipoo (not sure if that’s the done thing or not, but just wanted to widen my scope of opinions?)

I'll summarise my situation below:

Back at the start of the year I received three PCNs for 'Not Displaying a Permit' on my vehicle when it was temporarily parked outside my own home. I live in a flat, and NPM have recently been instructed (within the last few years) to manage the area due to problems with locals using the area for parking at the local hospital.

I replied to NPM on each occasion explaining I was a resident and asking them to cancel the PCN, but as predicted all of my appeals to NPM and the IAS have been rejected. I didn't hear anything from them for a while, until a few months ago when I started receiving letters from NPM and ZZPS requesting payment, with additional charges added. I've followed the usual advice of ignoring these as I know the DCAs are powerless.

I've read through my lease in detail and there is no mention whatsoever of permits nor any restrictions to park anywhere in the estate so I'm pretty confident I have a strong case, and I of course have explained about my rights to park as detailed in the lease, and quoted them the various case law related to similar events (Jopson, Pace, Saaed) but of course they don't want to know. I've even spoken to the landowner directly, who were very helpful, however even they haven't been able to get NPM to rescind their charges, so here we are. Another thing to note is that having spoken to the Landowner, they specifically requested NPM rescind the charges as well, and they refused to do so. I have this in writing.

I'm getting very hacked off with the constant mail and so now really want to take action against NPM by issuing an LBC (and have drafted one ready), for tortious interference and DPA breaches, however I'm reluctant to actually send this as I'm not sure if it is worded the right way, and whether or not I'll actually have any success, or whether I'd be better off simply ignoring the DCA letters. From reading other threads, I know it is a good idea to send in a DPA claim after successfully defending a claim by the PPC, however I'm contemplating doing it before it gets to that point and having the upper hand.

If anyone would be willing to chip in with any feedback, suggestions or questions, anything is gratefully appreciated. If you need me to upload my draft LBC, please let me know the best way to do so and I will.

Thanks all!

Redx

I suggest you read up on Davey vs UKPC SUCCESS

and I believe an LBC would have started that process too

SaulGoodman

Thanks RedX. I’ve read so many threads over the last few months they’ve all started to merge as one! I’ll have a search through to find the detail. Was this a case where the DPA claim was initiated before any action by the PPC?

Redx

just google it


https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**