CPMS

Le_Kirk

My tenancy agreement is the only contract I have with the landowner, and is the only contract with which I am lawfully required to abide. Any attempt to do so would form a derogation of grant.

To do what?

Tysernans2018

Should I include

"The PPC have provided no proof that this car parking space was not mine, nor have they provided proof that the driver of this vehicle did not have permission to park there" 

Umkomaas

Tysernans2018 said:

Should I include

"The PPC have provided no proof that this car parking space was not mine, nor have they provided proof that the driver of this vehicle did not have permission to park there" 

Why not?  It's their case to prove. 

D_P_Dance

Indeed, throw the kitchen sink at them.

Tysernans2018

Le_Kirk said:

My tenancy agreement is the only contract I have with the landowner, and is the only contract with which I am lawfully required to abide. Any attempt to do so would form a derogation of grant.

To do what?

@Fruitcake ?

Coupon-mad

'To do so'.

...to do what?

Tysernans2018

Coupon-mad said:

'To do so'.

...to do what?

Sorted that mate thanks 

Le_Kirk

Tysernans2018 said:

Coupon-mad said:

'To do so'.

...to do what?

Sorted that mate thanks 

How have you sorted it?  Your post still shows: -

My tenancy agreement is the only contract I have with the landowner, and is the only contract with which I am lawfully required to abide.  Any attempt to do so would form a derogation of grant.

As this is an appeal to IAS, you need to spell out to them what you are attempting to say.

Tysernans2018

Le_Kirk said:

Tysernans2018 said:

Coupon-mad said:

'To do so'.

...to do what?

Sorted that mate thanks 

How have you sorted it?  Your post still shows: -

My tenancy agreement is the only contract I have with the landowner, and is the only contract with which I am lawfully required to abide.  Any attempt to do so would form a derogation of grant.

As this is an appeal to IAS, you need to spell out to them what you are attempting to say.

I've amended it on my draft, will upload an amended appeal later for you all to look at, cheers 

Tysernans2018

**UPDATE**

Amended appeal to IAS, please comment and advise 

PCN ZZZZZZZZ – Date issued 11/02/2022

Car Park Management Services Ltd 

 

Vehicle Registration Mark: XXXXXX

 

My initial appeal to the above company regarding the above PCN has been rejected. I hereby appeal to the IAS as the registered keeper of the above vehicle that:

The Notice to Keeper says, issued on 11/02/2022, the photographic “evidence” is date stamped 12/02/2022.

The Notice to Keeper cannot possibly have been issued a full day before that of the alleged event. It is an impossibility, and the notice should never have been issued at all.

Consequently, the operator had no reasonable cause to obtain and process my personal data from the DVLA in breach of the Data Protection Act 2015 and the General Data Protection Regulations 2018. I will be complaining to the ICO about this in due course. 

I must also stress that my tenancy agreement with the landlord regarding parking(attached)has primacy of contract over anything a third party that was not a signatory to my tenancy agreement might put on their signage.

My tenancy agreement is the only contract I have with the landlord, and is the only contract with which I am lawfully required to abide by. Any attempt to vary my existing rights would form a derogation of grant.

The operator has provided no proof that they have the legal right to vary my tenancy agreement with the landlord.

My tenancy agreement cannot be removed or varied by a company that was not a party to the original property rental contract.

In addition, my tenancy agreement makes no mention that it can be varied or removed by a third party.

My tenancy agreement contains no mention of a permit scheme, private parking company, paying private parking companies, parking charge notices, or court, or what will happen if parking conditions stated in my tenancy agreement are breached. The contract (tenancy agreement) I have with the landlord does not require me to pay an unregulated private parking company under any circumstances.

I also have rights to quiet enjoyment(attached)as defined by my tenancy agreement. A company with whom I have no contract demanding monies is in my opinion an unlawful interruption of my quiet enjoyment, and therefore a breach of my tenancy agreement. I will be making a complaint to the landowner about this.

Signage at the site makes no mention of the operator having lawful authority from the landowner to operate.

Since these signs cannot override my existing rights to park as defined by my tenancy agreement with the landlord, no contract between the operator and myself can ever have been formed.

Car Park Management Services Ltd have provided no proof that this car parking space was not mine, nor proven that the driver did not have permission to park there. 

There is no signage at the bay the vehicle was parked. The nearest signage to this particular bay is located 6 bays away, impossible to see or read at night time from this particular bay.

I therefore require the operator to cancel the charge with immediate effect.