PCN in private carpark at residence NO ticket received on car

freedomfighter82

Umkomaas said:

Unfortunately there isn’t much more City Permits can do, all I can advise you to do is speak with ZZPS and if you wish to proceed further please ask for a POPLA code which will enable you to appeal further with the independent body. 

Never phone a debt collector. City Permits are misleading you by suggesting that ZZPS can issue a POPLA code - they cannot and CP know that. Only CP can issue you with a POPLA code. 

EDIT EDIT

It's a bit ambiguous as to who you ask for a POPLA code, so just hold off on the advice below for the moment. Instead, write back to CP and ask them to honour their offer of a POPLA code, let them walk straight into the mantrap when they direct you to ZZPS to obtain it. Then ......

Send an email complaint to Steve Clark of the BPA asking him to investigate this knowingly misleading direction by CP and ask him to intervene by requiring CP to issue you the POPLA code. Ordinarily you're too late to appeal, with then no prospect of a subsequent POPLA appeal, and if CP had simply referred you to ZZPS (with no mention of a POPLA code), there would not be much you could do. But as they've put their foot in their mouth, there's an opening for you. See how you get on with a nice, polite, but firm email to Mr Clark. 'Dear Mr Clark ......', not as someone did a few days ago 'Hi Steve' (no, no, no), some respect towards someone who might be able to help you. 

steve.c@britishparking.co.uk 

Done! I'm awaiting their response will keep you updated

freedomfighter82

Coupon-mad said:

What I agree to do

"Park vehicles in your garage (if there is one) or on your parking space only and without causing an

obstruction".

 Very good, so it does mention your right to park.

Surely the NTK from ZZPS tells you to appeal to ZZPS (as they are doing the back office work for City Permits)?  You only needed to appeal as per the NTK letter, and then get a POPLA code...or am I missing something and the PCN is much older? 

Why appeal to City Permits, surely that's not what the NTK said?

You need to send the ladlord the link I gave you earlier on that tells him/her what the leaseholders must do.  It alredy contained the information needed about the 75%/10% consent rule in the appicable law so you had that already and need to send it to your landlord to read and get in touch with his/her fellow leaseholders to kick City Permits out.  The PA had no right to impose this out of the blue.

Who does the City Permits letter say they 'understand' sent letters out?  Go after that person/company because they didn't, and they can't impose this on the residents.  

But first, do the appeal as per the ZZPS letter, as keeper (not saying who was driving).

Done! Sent landlady the link, sent appeal and trying to find out who allegedly sent out the letters.

freedomfighter82

Umkomaas said:

Unfortunately there isn’t much more City Permits can do, all I can advise you to do is speak with ZZPS and if you wish to proceed further please ask for a POPLA code which will enable you to appeal further with the independent body. 

Never phone a debt collector. City Permits are misleading you by suggesting that ZZPS can issue a POPLA code - they cannot and CP know that. Only CP can issue you with a POPLA code. 

EDIT EDIT

It's a bit ambiguous as to who you ask for a POPLA code, so just hold off on the advice below for the moment. Instead, write back to CP and ask them to honour their offer of a POPLA code, let them walk straight into the mantrap when they direct you to ZZPS to obtain it. Then ......

Send an email complaint to Steve Clark of the BPA asking him to investigate this knowingly misleading direction by CP and ask him to intervene by requiring CP to issue you the POPLA code. Ordinarily you're too late to appeal, with then no prospect of a subsequent POPLA appeal, and if CP had simply referred you to ZZPS (with no mention of a POPLA code), there would not be much you could do. But as they've put their foot in their mouth, there's an opening for you. See how you get on with a nice, polite, but firm email to Mr Clark. 'Dear Mr Clark ......', not as someone did a few days ago 'Hi Steve' (no, no, no), some respect towards someone who might be able to help you. 

steve.c@britishparking.co.uk 

*UPDATE*
Looks like they fell for it hook, line and sinker.

"Hello 

I think you may have misunderstood, as stated within the email I have advised that you revert to ZZPS who may be able to provide you with a POPLA code. Due to the time period City Permits are unable to email further or provide you with a POPLA. 

Please email the below email and ZZPS will assist you."

Just double checking that they are still in the wrong for directing me to ZZPS for POPLA even though the initial 28 day period to appeal to CP has passed? If so I will email steve.c@britishparking.co.uk as advised.

Thanks

Coupon-mad

No they are not necessarily in the wrong, as I told you already, it seems to me from what you have said, that this was simply at normal NTK stage and all you had to do was appeal to the right place, as per the NTK.  You should NOT have appealed to City Permits as ZZPS do their back office stuff.

The entire thread has been taken off on a tangent as people thought you were at debt collector stage.

You were not, it seems (although you've never made it clear?).   If you just had a NTK from ZZPS, all you needed to do was to appeal to ZZPS to get a POPLA code.

Perhaps we can start again.
What letter did you have from ZZPS, a 'PCN' or 'NTK' offering appeal?

freedomfighter82

Coupon-mad said:

No they are not necessarily in the wrong, as I told you already, it seems to me from what you have said, that this was simply at normal NTK stage and all you had to do was appeal to the right place, as per the NTK.  You should NOT have appealed to City Permits as ZZPS do their back office stuff.

The entire thread has been taken off on a tangent as people thought you were at debt collector stage.

You were not, it seems (although you've never made it clear?).   If you just had a NTK from ZZPS, all you needed to do was to appeal to ZZPS to get a POPLA code.

Perhaps we can start again.
What letter did you have from ZZPS, a 'PCN' or 'NTK' offering appeal?

Apologies for any confusion I received an 'NTK' from ZZPS which I've now appealed as per their letter, if this is rejected then I should be provided with a POPLA reference according to the letter. The reason why I maybe wrongly appealed to CP first is because as mentioned I never actually received the original ticket on my car therefore lost the chance to appeal to them in the initial 28 day period. I guess for now it's a waiting game to see if they accept/reject my appeal but I believe due to the current national situation there are delays in this process.

freedomfighter82

Hi all hope everyone is keeping well during this difficult time!

To fill you in I've been a tenant in the apartment over a year when unbeknownst to me and the landlord (allegedly) the management company had decided to bring in a new permit system for the car park. As I was unaware of this the next thing I know I've got a ticket through the post, I then contacted the landlord who maintains she was unaware of this being brought in despite the management company being adamant they sent out letters to the landlords/owners months prior to it being enforced. Essentially now I've got a ticket which the landlord is refusing to either pay some or in full because
1. She wasn't aware so she couldn't have informed me (pleading ignorance)
2. It's in my name not hers so basically not her problem.
3. It's her right to have a space (not allocated) as it came with the flat when she purchased it, so she literally told me to not pay it or try appeal.

I feel this is very unreasonable as ultimately I've been burdened with a ticket because of what sounds like a miscommunication between herself and the management company. When I moved in I wasn't told a permit was required and its not stipulated anywhere in my tenancy agreement.

I'm just looking for some advice from anyone who may have been in a similar situation or anyone's opinion on how I should proceed moving forwards.

Thanks all in advance

Redx

This thread tells you all the legalities about these issues

https://forums.moneysavingexpert.com/discussion/6166235/new-address-has-just-introduced-parking-management/p1

Name the parking country and the nation too

KeithP

Send the blue text template appeal easily found in the first post of the NEWBIES thread.

Send it unchanged - no additions or alterations needed.

Send it as the keeper.

Who is the parking company?

KeithP

Is this related to the thread you started on 6th April or is this a new incident?

Coupon-mad

Which PPC is it from?

Show your landlord this thread, this is what SHOULD have happened.  I bet there was no consultation with the leasehold owners like her, so she needs to raise a fuss about that as it's taking away her implied right and easement to park without charge and she will get one too, when she comes onto the site:

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p1