Moving Forward. LBC from Solicitors for UK CPM Ltd

patient_dream

Madam Google tells me this ....

Derogation from grant is a common law concept requiring a grantor (the person who grants the benefit) not to do anything that substantially deprives the grantee (the person who has the benefit of the grant) from the enjoyment of the benefit granted for example an easement over land such as a right of way.

As far as that lady is concerned, be she a secretary or a tea lady, she is acting on behalf of the company and she has set in stone what the PPC actuually does

If it finally ends up in court, just be aware that some of the judges are old and such a statement made could result in him/her choking on their cuppa

thehamburglerswife

The landowner is a useless path in this case.

They are only reiterating that the enforcement companies make their money from fines as the reason why conditions are advised towards residents beforehand. That it is 100% legal for them to issue fines according to the conditions set and they won't do anything and they cannot help.

This is a slight paraphrase from the email I received back. I have highlighted Primary of Contract twice now, including Derogation from Grant (retyped my whole email after reading a bit more on the subject this morning) and mentioned things that from the forum and this thread.

I don't think it is even worth emailing back.

patient_dream

This is where the landowner is very ignorant .... It is NOT legal for a private parking company to issue fines.   Only authorities like councils and the police can issue fines.  

But, this can go in your favour in front of a judge as the parking company has been given permission to issue fines .... that would be illegal 

The only email I would send back is telling them that you will call them as a witness in court to explain why they have licenced a private company to profit from the premises to the detrement of residents

Think a bit deeper ?   Is the landowner on commission ?

thehamburglerswife

patient_dream said:

This is where the landowner is very ignorant .... It is NOT legal for a private parking company to issue fines.   Only authorities like councils and the police can issue fines.  

But, this can go in your favour in front of a judge as the parking company has been given permission to issue fines .... that would be illegal 

The only email I would send back is telling them that you will call them as a witness in court to explain why they have licenced a private company to profit from the premises to the detrement of residents

Think a bit deeper ?   Is the landowner on commission ?

I know I have been told that the parking company tends to hire residents within the block of flats to issue parking tickets or notify them of any cars that they could 'fine'. This results in them getting a cashback/paid a percentage per parking ticket paid/issued.

But this is not something I have proof of.

thehamburglerswife

Including, my conclusion comes to this as some of the fines were issued twice within one day, or just a day or two apart from each other with nothing ever left on the car whatsoever. Two fines were a few minutes after each other as well. 

Coupon-mad

And because their website advertises 'self ticketing'...and it's well known UKCPM use them:

https://www.bbc.co.uk/news/uk-wales-47772305.amp

thehamburglerswife

Sent my last email to the landowner about this being pushed to court and would be calling them as a witness, and got a very angry response. 

Basically just reiterating that it is not about money as they don't share the money made from enforcement, but benefits from non-residents taking up the parking (it deters them).

That I need to understand the enforcement contractors cannot provide a free service.

And my defense regarding the permit, having used an old one, does not make it valid. Including that residents do benefit from their services. Regardless if I was a resident or not. 

And that I should not try to twist her words.

No word yet from Gladstone or UK CPM. 

Coupon-mad

Haha! 

Re this (below)...Errrmm...I'm afraid they will have to rethink the entire business model under the new Code of Practice because the Govt clearly doesn't want to encourage 'income from ticketing only' and residents with permission will see their PCNs quashed:

That I need to understand the enforcement contractors cannot provide a free service.