Portswood Centre , Britannia and Land management.

MistyZ

LoneStarState wrote: »

One wonders if CBRE would suddenly want to save face and rectify customer dissatisfaction at that car park.

I would proceed in the expectation that they are already motivated to rectify customer satisfaction if doing so is suggested to them strongly enough.

I have trouble believing that a whopping great big company like CBRE don't understand parking contracts. They must now be aware that more & more members of the public are not just dissatisfied with the car park but are now increasingly suspicious of them & KMP too. Wonder what the Southern Daily Echo would make of this?

Mirrorcarp

Quick update.

I have received a prompt reply from CBRE this morning.
As expected they state they are unable to cancel my ticket as they no longer have a relationship with KMP.

They have confirmed to me in writing that there has been no valid contract with Britannia since Dec 18.

I think Britannia have been telling pokies regarding their right to issue tickets under the old contract.

These people are low life scum really. Preying on people's fears to extract money. I am clear in my mind now that they have no right or authority to issue PCN s at the Portswood Centre.

I await my Popla appeal results but at this stage am not sure what else to do.

LoneStarState

Now is your chance to get this resolved outside of POPLA. Complain to the relevant organisations........BPA, DVLA, local politicians etc.

The DVLA is an important one and Britannia do not appear to have any reasonable cause now to obtain data from them. This is a breach of the GDPR/DPA 2018 as they continue to unlawfully process your data after getting your data without reasonable cause. Present your evidence clearly to the DVLA and they will (hopefully) act on it.

You even have the right to claim damages due to this and could always send them a Letter Before Claim for all the trouble they've already put you through.

Mirrorcarp

Sorry my previous post should have stated Dec 14th not the 18th.

I have contacted CBRE again asking what their reaction is to Britannia issuing tickets still citing CBRE as the management agent and await a response.

LoneStarState

You'll also find out if Britannia contest your appeal if/when they address the landowner point in your appeal. Do let us know if/when you receive the evidence pack and then we'll really find out.

Mirrorcarp

Hi Guys

A quick update.

CBRE after confirming that they have no contract with Britannia from the 14 December are now investigating to see if Brittania are still issuing PCN s citing them as the landowner authority.

I'm awaiting the outcome. If as I suspect they do not have the authority it would mean every PCN issued since the 14th Dec was invalid .
The matter of data protection from the DVLA I have not gotten into yet. I need it confirming 1st.

Very interested to find out categorically CBRE s position. The plot thickens.

I will of course post the outcome as long as CBRE inform me of their position which I hope they will do.

Mirrorcarp

Latest update for those following this.

I'm more and more confused.

I have spoken to the new managing agents for the property KMP Solutions.! They have informed me that they have not terminated the services of the parking enforcement company.! As your PCN relates to a period after CBRE’s involvement with the property I am afraid that you will need to speak to the new managing agents about the matter.

So basically CBRE say the contract is with KMP.

KMP say they have no contract.

Not sure where I go from here really. Both companies do not or cannot help me with cancelling the PCN.
I think I may have to wait for my Popla decision to see if Brittania really do have authority to issue tickets and who that authority comes from.

!

KeithP

Mirrorcarp wrote: »

I think I may have to wait for my Popla decision to see if Brittania really do have authority to issue tickets and who that authority comes from.

I think you are expecting too much from a PoPLA assessor.

PoPLA state that their decisions are based on evidence.

If the operator can show to PoPLA evidence that convinces the assessor that they have authority to issue the ticket, and you have nothing to counter that, the operator wins.

Redx

I agree with the KeithP assessment above

the time to argue this and get a legal decision is in court , by a judge

if POPLA rule against the operator on any single point , you win, so this may mean they rule on a different point and do not consider the landowner authority at all

Mirrorcarp

If the operator can show to PoPLA evidence that convinces the assessor that they have authority to issue the ticket, and you have nothing to counter that, the operator wins.

Fair enough but they can't tell porkies here can they. Both management companies claim to not have a contract with Brittania but yet say they can still issue tickets.

One assumes I will get to see Brittanias evidence once the decision has been made.