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Resident Parking

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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 26 April 2018 at 8:50AM
    Here is one I made earlier

    I was surprised to see that ABCHA a registered charity, employ former clampers, xxxxx to manage the car park at xxxxxxx
    .
    You may or may not be aware that this company is one of a number of similar private parking companies who use underhand, threatening, and often unlawful methods to bully, threaten and lie to extract extortionate sums of money from people, many of whom can ill afford it, for minor alleged breaches of non existent contracts. In some cases even for parking in their own demised property for failing to display a !!!8220;parking permit!!!8221;, despite the fact that they are entitled to "quiet enjoyment; of their properties.

    For a few minutes overstay in a free car park in a shopping centre, where there has been no loss to anyone, they will demand up to a hundred pounds in penalties, contrary to the Law of Contract.! They use legalise, threats, and scary letters from dodgy solicitors, debt collectors and bailiffs. They try to pass themselves off as police or councils, sending out fake court summonses, produce false statements from witnesses and take people to the County Court.
    One company,

    Parking Eye have issued over 7,000 summonses in the last 12 months, although they rarely actually reach court as they know that they will lose most of them. However, according to an F.O.I. request, UKPC have not taken a single person to court in the last 12 months.! Could this be that they know that they have no case?

    Many of these companies will take people to court, even when parked in their own demised property. This can result in whoever signed the contract with them, (i.e. the managing agents and/or the Landowners being themselves taken to court by successful defendants for damages for trespass, stress, and harassment, !(see R. Davey v UKPC, Winchester Crown Court 23rd January 2013).

    To sum up
    These companies are vultures, preying on the ignorant and vulnerable. They are not interested in the management of car parks for the benefits of residents, but fining them for minor breaches of meaningless terms and conditions, and as a registered charity you should not be an accomplice in their near criminal activities. Unless they own the land they have no power to enter into contracts with owners, landlords and tenants of Branagh Court.
    To win a case for trespass they have to prove loss to the landowner.! If the landowner is also the person they are pursuing, there can be no loss.

    They have no legal authority to issue fines, only the Police, Councils, Tfl, and some airports and TOCs can do that. Their so called Parking charges are merely speculative invoices, and their claims for breach are in fact unenforceable penalties.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 131,404 Forumite
    Name Dropper First Post Photogenic First Anniversary
    markudman wrote: »
    Thanks Coupon-Mad, I have read thought these and great LBC's and letters to the MA, but nothing to the Charity commissioners,

    Of course not! It was the turn of phrase that I was pointing you to copy/adapt.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • markudman
    markudman Posts: 351 Forumite
    First Anniversary
    Thank's The Deep that's a great piece
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
    First Anniversary
    Just a little update, I have now got the councillor to talk to landlord, LL has said it will pass on to the legal dept, I can not wait for there decision..
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
    First Anniversary
    One of my neighbours just just a Ticket (invoice), the funny thing is, The van is owned by the landlord, he works for them, I have told him to play it out and see what happens. bet they get it cancelled. I am going to follow this LOL.
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • Coupon-mad
    Coupon-mad Posts: 131,404 Forumite
    Name Dropper First Post Photogenic First Anniversary
    How ironic!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • markudman
    markudman Posts: 351 Forumite
    First Anniversary
    Got this today.

    Dear XXX MP
    Re. Mr XXXX
    Thank you for your latest enquiry which we received on 23 May 2018, regarding Mr XXXX
    and the concerns relating to the parking management on XXXX Estate.
    Our position remains the same as your original enquiry dated 19 February 2018 and
    also our final response to Mr xxxx complaint.
    Mr xxxx is of the opinion that his tenancy agreement gives an unfettered right for
    him to park anywhere on the estate but Clarion has taken legal advice and does not
    accept that interpretation. The parking regime was in place prior to him moving on to
    the estate and has helped improve the parking congestion for the majority of
    residents. We consider that our response concludes your enquiry and also Mr
    xxxx complaint for the reasons we have set out.
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • Coupon-mad
    Coupon-mad Posts: 131,404 Forumite
    Name Dropper First Post Photogenic First Anniversary
    They would say that, wouldn't they?!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • markudman
    markudman Posts: 351 Forumite
    First Anniversary
    LOL the game is still being played
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
    First Anniversary
    Hi all, I have an update,
    I have been talking to the council and they have sent maps of Adopted roads, and guess what, the ppc is giving tickets on the adopted roads,

    I have spoken to both the council and the landlord and both are not interested, I am also in contact with the local councillor, they have tried to get a meeting with the landlord and the ppc, but its not going well.

    I have been away for a week, got back at 5 this morning to a pile of post, and two of the letters are from Gladstones, letter before claim, the usual one page with nothing else, I have read the newbies, and will respond with one of the great templates modified to my needs.

    OK questions,
    one of the letters is addressed to my wife, and she is a Mr not a Mrs, can they put this down to a typo, or can i challenge it as unknown person?

    As one of the fake ticket was on a adopted road, so have illegally got mine and my wife's details from DVLC, when I win in court will it make a better case with DVLA?

    I really do want a day in court.
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
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