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New appeal UKCPM

Bonez14
Bonez14 Posts: 106 Forumite
Ninth Anniversary 10 Posts Name Dropper Combo Breaker
edited 18 March 2024 at 1:51PM in Parking tickets, fines & parking
I have managed to get another private parking ticket. Here are the pictures




This is the template I wish to use to appeal. is this sufficient?


"

Re Parking Charge Reference:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

 

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.



Name

Address

 "


letter received






«1

Comments

  • nopcns
    nopcns Posts: 575 Forumite
    500 Posts Name Dropper
    Is there a question?

    Please read the Newbies/FAQ thread.
  • Bonez14
    Bonez14 Posts: 106 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 18 March 2024 at 4:38PM
    My question was. The draft template i have pasted is that sufficient to send as initial appeal? The newbies thread mentions to use "one template for all"



    My next question is I am trying to raise this with the management firm of the residential area to cancel these fines. This is my draft..is this a good draft?

    "
    Attention: Management Company

    I am writing to express my deep dissatisfaction with the implementation of the parking management company within our residential community. This discontentment predates the involvement of the management firm appointed by Persimmon and remains unresolved to this day.

    There has been a glaring lack of transparency regarding the consultation process leading to the implementation of this parking firm. As a freeholder within this community, I adamantly oppose any measures that encroach upon the ease and comfort of residents and their guests. I wish to enjoy my home and its surroundings without the constant worry of parking restrictions looming over me and my visitors.

    I demand the following actions be taken immediately:

    1. Immediate Abolishment of Parking Services: There has been a failure to conduct a thorough and transparent consultation with all residents, myself included, regarding the implementation of this parking service. I insist on living in an environment where I can welcome guests to my residence without the looming threat of unwarranted penalties. The manner in which this service has been implemented and the arbitrary issuance of penalties is unacceptable.

    1. Immediate Cancellation of PCNs Issued to My Guests: As a freehold landowner, I demand the immediate cancellation of the following Penalty Charge Notices (PCNs) issued to my guests:

          a. PCN: xxx, VRN: xxx
                My guest, who was visiting to drop off items at my home, was unfairly penalized without being provided with adequate time to complete  their task. The PCN was issued within seconds of their arrival.

    b. PCN: xxx, VRN: xxx
    Another guest, who was unloading materials into my home/garden, faced a similar unjust penalty. Once again, the PCN was issued within seconds without any consideration for the circumstances.

    I expect prompt and decisive action to rectify these issues and restore the peace and convenience that all residents are entitled to within our community.

    Yours sincerely,
    "
  • Coupon-mad
    Coupon-mad Posts: 153,846 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As it was at night, any public road in Harrow would likely have had places to park free, either on a single yellow line, or in bays where restrictions ended at 7 or 8pm 

    How come the driver continued onto private land and (it seems) double parked?

    Were the signs not visible?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Bonez14
    Bonez14 Posts: 106 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 18 March 2024 at 4:52PM
    I didn't expect the warden to be around at this time of night. all free places around was taken, outside on the main road. As I mentioned they popped in and out, it was issued within seconds.

    Signs are visible
  • Coupon-mad
    Coupon-mad Posts: 153,846 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would not have driven in there.

    Don't bother with IAS but go back on foot soon in the dark (before the clocks go forward this month) and get photos without a flash to show the signs are far less visible than you think.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nopcns
    nopcns Posts: 575 Forumite
    500 Posts Name Dropper
    We don't advise using ChatGPT to write letters. What you propose to send above appears to be a ChatGPT generated letter which has been modified slightly, but not enough to remove the evidence.

    Before you send that off, what does your lease say about parking for you or your visitors? What it doesn't say about parking is equally important. Also, if your lease does not mention third parties imposing something new rules or requirements, was the amendment to the lease made in accordance with the regulation in the Landlord and Tenant Act 1987 section 37 5(a) or 5(b)?

    https://www.legislation.gov.uk/ukpga/1987/31/section/37

  • Bonez14
    Bonez14 Posts: 106 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 18 March 2024 at 5:40PM
    From my freehold report this is all i can find so far.

    Estate Roads 


     the roads carriageways footpaths and verges on the Estate and their intended sites which serve the Property and which are intended to be maintained by the Management Company and which connect the 

    Property to an adopted or adoptable public highway and which or part of which are shown stippled on Plan 1 or Plan 2 


      


      This implementation was done from an in person voting, in some yearly meeting. I knew from letter posted afte As I mentioned. I always objected to it by email


  • Bonez14
    Bonez14 Posts: 106 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    I would not have driven in there.

    Don't bother with IAS but go back on foot soon in the dark (before the clocks go forward this month) and get photos without a flash to show the signs are far less visible than you think.
    I will do this. the lighting in this residential area is very poor. i will post it up the picture today night
  • nopcns
    nopcns Posts: 575 Forumite
    500 Posts Name Dropper
    If a real ballot was held to amend the lease, at least 75% of the leaseholders would have to agree AND no more than 10% oppose it. That's not the leaseholders who were at the ballot. It is ALL the leaseholders.

    That is two conditions that must be satisfied. You can request to see the result of the ballot.
  • Bonez14
    Bonez14 Posts: 106 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Here is night time photos. But it is a  clear sky. Some home lights are still on



    There are 314 homes in the estate. If there was not a majority taking part could that be a reason for it to be held again?
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