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Parking ticket in own allocated parking space
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they definitely cannot issue a PENALTY charge notice, so they clearly have no idea what the legal terms are
in your popla appeal you can put them to strict and unredacted proof of all that has been said before, which should be in their evidence pack to popla, which you will be able to view , with 7 days to comment on the pack
the popla code lasts between 28 and 33 days , so ideally get it in by day 28 (day 30 at the latest) - better to get it in and put them to strict proof in their evidence to popla , thereby you get the chance to see them and comment on them, OR they fall on their own sword
ypu can also comment on the lack of detail in their photos too (flat number etc)1 -
The letter sent on 14 July had this paragraph
That would be the letter hand delivered, but not served in accordance with the terms of the lease....
Look up those provisions.0 -
That would be the letter hand delivered, but not served in accordance with the terms of the lease....
Look up those provisions.
Hmm... can't seem to find anywhere in the Lease which states the notice required to alter or implement new regulations. though the Regulations as defined in the Lease means any reasonable regulations made by the Developer from time to time for the proper management and use of the Development and/or the Reserved Property and do not unnecessarily restrict the enjoyment of the Premises So only the Developer can impose new regulations?0 -
Ok. Lease terms rule the day so it's not the key point to run with. That said, I still think it's a very short period.
All the words that start with capitals are defined terms, normally listed at the start of the document. Check in particular to see if Developer doesn't say 'or their successors'0 -
When dealing with any management agent company always head the letter.
Notice from employer to employee or agents therefore acting.
Keep them constantly reminded they are employed by you to act as an agent.I do Contracts, all day every day.1 -
Ok. Lease terms rule the day so it's not the key point to run with. That said, I still think it's a very short period.
All the words that start with capitals are defined terms, normally listed at the start of the document. Check in particular to see if Developer doesn't say 'or their successors'
Definition of the Developer means the Lessor and the Company or either or both of them as the context requires or any company or companies carrying out on the business of the Lessor and/or the Company
Lessor means includes the person or persons firm company or corporation for the time being entitled to the reversion immediately expectant on the determination of the Term and any reference to a superior lessor includes the Lessor's immediate reversioner (and any superior lessors) at any time - the beginning of the Lease also gave the name and address of the Lessor.
Company means xx ltd whose registered office is at xxx (company registration number xxx) a company in the same group as the Lessor
I am thinking of mainly using the following points in my appeal.
1. Primacy of Contract (using the Terms of my Lease)
2. Peaceful and quiet enjoyment our Premises (as defined in our Lease)
3. Landownership (since PPS is claiming that I am using their private car park)
4. Authority to operate (want to see the contract they have with the landowner which allow them to operate in our car park).
Will be putting my appeal together soon, the fun times!0 -
Hi all, I have drafted up my appeal, any comments would be much appreciated! I know that I have 28 days to submit my appeal to POPLA, is there any benefit in submitting the appeal ASAP or nearer to the deadline? Thanks!
POPLA Ref. xxx
PCN no. xxx
A Parking Charge Notice (PCN) was affixed on our vehicle windscreen on the 8th August 2017 and A Notice of Keeper was later received by me, the registered keeper of xxx on the xx for an alleged contravention of the Conditions of Use while our vehicle was parked at the parking bay numbered xx in the basement car park in xx. The PCN was issued by Private Parking Solutions (London) Ltd, hereafter will be known as PPS ltd. I am writing to you as the registered keeper and the leaseholder of xx. I have attached my appeal below for the following reasons for your consideration.
1) Authority to Park and Primacy of Contract
2) Peaceful and quiet enjoyment of the Premises during the Term of the Lease
3) Permission/consent to operate
4) There is no evidence that PPS ltd has any proprietary interest in the land
5) There was no consideration nor acceptance flowing from both parties and any contract with us, or the driver, is denied
Authority to Park and Primacy of Contract
It is denied that we were in breach of any parking conditions according to our Lease, bound by a legal agreement between us (the leaseholders) and the Lessor (the freeholders). Under Part III, Schedule 2 The granted rights and section 8, the Lease clearly states the following: “The right (to the exclusion of all others) to use the car parking space(s) shaded blue on Plan 3 and numbered or any other parking space(s) allocated by the Developer from time to time with the Development for the purpose of parking one fully taxed and licensed private motor car or motor cycle only.”
We therefore have used our parking space in accordance to the terms of the Lease. We have an absolute entitlement to park deriving from the terms of the Lease, which cannot be fettered by any alleged parking terms. The Lease terms provide the right to park a fully taxed and licence vehicle in the relevant allocated bay, without limitation as to the ownership of vehicle and the user of the vehicle nor the requirement to display a parking permit or any agreement in the Lease of a charge for a breach of parking conditions.
PPS ltd signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the Lease. We will rely upon the judgements on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011.
2) Peaceful and quiet enjoyment of the Premises during the Term
We refer you to point 3.1 under section 2 Interpretation of our Lease, it states that "The Lessee paying the Rent and performing and observing the covenants on the part of the Lessee herein contained shall and may peaceably and quietly hold and enjoy the Premises during the Term without any lawful interruption or disturbance from or by the Developer or any person or persons rightfully claiming under or in trust for it."
PPS ltd has committed an act of trespass by using our allocated car park bay for business purposes without lawful authority to do so. PPS ltd has denied us the peaceful and quiet enjoyment of our Premises by operating in our parking bay illegally.
3) Permission/Consent to operate
PPS ltd does not have the landowner’s authority to pursues charges. Section 7 of the British Parking Association (BPA) code of practice requires operators to own the land or to have written authorisation from the landowner to operate on the land.
PPS Ltd is put to strict and unredacted proof that at the time of the alleged event they had both advertisement consent and the permission from the Lessor to display the signs and issue Parking Charge Notice.
4) There is no evidence that PPS ltd has any proprietary interest in the land
PPS ltd does not own the car park and have no legal authority to issue Parking Charge Notice in land that they do not own. We, as the leaseholders, have the legal right to use the parking bay according to our Lease and as granted by the Lessor. Again, PPS ltd is put to strict and unredacted proof that at the time of the alleged event they had both advertisement consent and the permission from the Lessor to operate in the car park, display the signs and issue Parking Charge Notice.
5) There was no consideration nor acceptance flowing from both parties and any contract with us, or the driver, is denied
We, as the leaseholders use our allocated parking bay in accordance to the terms of our Lease. It is denied that there is a contract between us and PPS ltd nor our acceptance of the terms and conditions drawn up by PPS ltd by placing signs in the basement car park.
A permit has always been displayed, as a courtesy, on our vehicle while we park in our allocated parking bay. This does not constitute the acceptance of any onerous ‘contract’ with PPS ltd. The signage onsite is there only to form a contract with non-residents and residents who do not own a car parking space.
I hereby attached a copy of the Lease, which details our rights to use our Premises during our Term, this include our flat at xx and the parking bay numbered xx in the basement car park as granted by the Lessor. The Lease and Plan clearly shows that our vehicle has unfettered right to park in the allocated bay assigned by the Lessor.0 -
Just a question.
You talk about your resident's association and having kicked out the landowner's managing agents. Are you sure your "resident's association" isn't actually a RTM company? I think the RTM assumes the landowner/developer's rights and obligations under the relevant legislation. if this is right, then the RTM effectively steps into the landowner's shoes and, if the landowner was entitled to bring in agents, then so was the RTM company.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.1 -
POPLA will avoid adjudicating on issues surrounding your lease. That will be a more powerful argument at court level. Leave it in your appeal (more for PPS to have to deal with in their own evidence pack for you and POPLA).
You also need to include specific appeal sections on:
* PoFA and No Keeper Liability
* No proof that the registered keeper was the driver at the time of the parking event
(Both above - provided no identification of the driver has been provided to PPS)
* Signage - I know you’ve included a bit in various parts of your draft, but it is weak and needs its own detailed demolition of the on-site signage (including photos to back up your points).
I don’t think residential signage needs advertising consent, you could check whether it does or not with your local council, but I’ve never seen POPLA adjudicate on it. If it does need consent, leave it in your appeal, again more for PPS to deal with, then report them to the council if you find they don’t have it. Hassle is a two-way street!
For all and each of the above appeal points there are ready-written (winning) templates for you to copy and paste to bulk out your appeal, and with the correct wording to avoid making any inadvertent errors, and which POPLA have accepted many times previously. Go to the NEWBIES FAQ sticky, post #3 for the templates.
As PPS have sent you a NtK and as this isn’t a railways/dock/airport bylaws case there is no reason to delay sending in your POPLA appeal - other than to say, give time for regulars to have the chance to comment on your next draft.
To summarise, I don’t think your current draft is strong enough for a slam dunk. Adjust the current draft, add in the points I’ve given you, and subject to drafting, it will put you in a much stronger position to knock back PPS.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street1 -
Loadsofchildren123 wrote: »Just a question.
You talk about your resident's association and having kicked out the landowner's managing agents. Are you sure your "resident's association" isn't actually a RTM company? I think the RTM assumes the landowner/developer's rights and obligations under the relevant legislation. if this is right, then the RTM effectively steps into the landowner's shoes and, if the landowner was entitled to bring in agents, then so was the RTM company.
Our RA is a RTM company, does it weaken my case and I can't use my lease to appeal?0
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