NCP & BW Legal - Letter of Claim

ProblemForMe23

Coupon-mad said:

There’s also a ‘right of way’ easement in the leasehold if that means anything?

Yes, a RoW easement can sometimes be reasonably interpreted to include parking.  There is case law about that but it depends what part of the property this R0W is talking about and whether it is talking about car spaces and driveways/common land, or whether it's talking about a right of way on foot to reach your flat door.

Thank you.

There’s nothing to access from entering the car park, it’s essentially a dead end. I have requested the operating contract between landowner & PPC, because the LO is currently adamant they have no authority/gravitas in the matter. Could this be correct? Or is the landowner trying for a simple life?

Fruitcake

The landowner must have authorised the scammers to operate on their property, either directly with the scammers or via an agent. There must be authority with or flowing from the landowner.

I suspect the landowner is either very confused or just doesn't want to be bothered by this.

You will get to see the contract at the exhibits stage of as court claim, but your are unlikely to see it before then.

ProblemForMe23

Just to let you all know, I have had the parking charge notice reversed. No further action. 

Hounded the landowner, the parent company, local councillors/MPs and I am not sure who passed it onto the PPC, but had confirmation that it had been reversed yesterday.

Funnily enough, I have just received another letter from DRP for another parking charge from 4 years ago that I have no recollection of (but had a permit for this car park at the time). 

Le_Kirk

Excellent - Plan A strikes again!

ProblemForMe23

Le_Kirk said:

Excellent - Plan A strikes again!

I wasn’t too confident as a LBC had been issued (I was ready to go to court though). I suspect it was the complaint to the foreign parent company of the PPC.

Now this other one to deal with, landowner has been contacted and I am sure they will reverse it (if they don’t I will hound them into submission).

I was just thinking, how is it legal for a PPC to share your personal information with DRP/Zenith etc? 

Coupon-mad

it’s allowed. 

But come back and add your comments to the Government’s final Technical Consultation about the level of parking charges, that they have announced will be tiered with a lowest rate of £50 (£25 discounted) next year. 

Consultation due out this Summer and we must ask the Government to state categorically that once a parking charge is at full rate (no discount) then no extra sums can be added as the very minimal cost of a small chain of letters is what justifies the charge being £50, £80 or whatever.  Only court fees can be added should it be pursued that way, and debt recovery costs only follow after a CCJ which is the proper and fair process.

ProblemForMe23

Coupon-mad said:

it’s allowed. 

But come back and add your comments to the Government’s final Technical Consultation about the level of parking charges, that they have announced will be tiered with a lowest rate of £50 (£25 discounted) next year. 

Consultation due out this Summer and we must ask the Government to state categorically that once a parking charge is at full rate (no discount) then no extra sums can be added as the very minimal cost of a small chain of letters is what justifies the charge being £50, £80 or whatever.  Only court fees can be added should it be pursued that way, and debt recovery costs only follow after a CCJ which is the proper and fair process.

Is there any petitions or anything I can sign to help push these laws through?

On another note, the other PCN has been reversed by the landowner. Quite happy how I have wasted PPC, DRP & BW Legal’s time (however small it is). 

Have any of you seen that large Facebook page for private parking tickets? It seems suspicious to me as all of the commenters, give crap information or push them to use a paid for service (Tony Taylor). Strange

Fruitcake

Nobody here will ever suggest you go elsewhere for this sort of help, or use an appeals service that you have to pay for. The regulars here give their time and advice for free, and I believe it is the best advice available online.

Coupon-mad

A petition is pointless and thdd we law has already been passed! The Government wants real people to comment on the level of parking charges and that is what we want you to take part in, when the consultation opens soon.