residential parking - Recieved PCN for not displaying my Permit

Umkomaas · 13 April 2019 at 4:54PM

Compensation for trespass or any other compensation should the court award would be sort from the Land Owner, Clarian Housing.

sought

I will also be submitting a subject access request for:

• Contract between The Land Owner and parking operator
• Contract between parking operator and I

Waste of time - they are under no obligation to provide you with this under SAR rules, which provide only for personal data held about you and that of the VRM of your vehicle.

Scrumpy11 · 13 April 2019 at 4:59PM

I may get lucky...

There is a valid reason I am requesting this info.. the land owner has changed name, so if the contract is with the old name, would this void any contract?

Scrumpy11 · 13 April 2019 at 5:01PM

I really appreciate all the help/ advice guys.. even if its not in my favour.

The_Deep · 13 April 2019 at 6:27PM

IMO you are over thinking this. The reason you will prevail in court will be because your lease/AST takes supremacy over any cod agreement made up by a scammer.

The PPC Cannot offer you something you already posses. No contract equals no breach of contract.

Scrumpy11 · 13 April 2019 at 6:36PM

Thank you.. I guess I was thinking of covering as many bases as possible.

Coupon-mad · 13 April 2019 at 8:46PM

I would quite honestly re-title the complaint UNCIVIL MONEYMAKING SCHEME

The signs were really bad.. a Piece of paper (small) stuck onto a sign. The sign did not conform to current regulations. My last photograph was time/ date stamped the 12th March. The parking Operator changed their signs on the 20th March to bring them in line with the false evidence they supplied to the IAS on the 8th of march. I can prove they gave false evidence to the IAS, denying me a fair appeal.

Did you give the landowner your evidence of that scam, and threaten to report them and their agents to Trading Standards and Action Fraud for the false evidence they concocted for IAS?

I would. You have PROOF that the signs on 8th March (and therefore in January) were NOT as shown to the IAS.

It might help focus the landowner on the cancellation and kicking them out and putting a key fob gate in the car park entrance instead. That is ALL that is needed to keep it private, for residents & visitors to be buzzed in, only.

BTW, CMS operate a similar hybrid PCN scheme to VCS, so if/when it comes to a defence you can adapt the VCS defence example about the 'not a CN' thing they put on your windscreen.

Scrumpy11 · 13 April 2019 at 9:19PM

The land owner (my housing association), has all the evidence. I have mentioned a fob system they said it costs too must to implement service. We pay a service charge which includes the upkeep of the carpark and grounds. People I spoke to on the scheme would not paying slightly more money as the carpark is not safe... We have had numerous vehicle breakings, vehicle thief and number plate thief, vandalism,, people going though our bins for identity fraud, fly tipping and people using the car park to take drugs. I have never heard of Action Fraud, I will look into them.

Trading standards, citizens advice will not get involved, said its not in their remit. I have complained the land owner for breach of contract (lease), to the IPC about the IAS accepting false evidence, they said that its nothing to do with them, its down to the adjudicator, they can not override or view the adjudicators decision. I have asked the IPC for permission to disclose information to the DVLA, my Local MP, Land Owner.. I'm awaiting their response.. Reason of requesting permission they threatened me with legal action if I disclosed any information.

I have gone to Companies House and HMRC over company registration.

Thank you for the information, including, "CMS operate a similar hybrid PCN scheme to VCS, so if/when it comes to a defence you can adapt the VCS defence example about the 'not a CN' thing they put on your windscreen. " I will also look into this.. All above my head at the moment

I really appreciate the help

MistyZ · 13 April 2019 at 11:03PM

Rather seems like there are two issues running simultaneously - trying to get the landowner to cancel the PCN and also to change the car parking arrangements.

Wondering whether addressing them separately might work better .... but if you've sent the letter already then obviously it's too late to consider doing that.

Scrumpy11 · 13 April 2019 at 11:15PM

I have informed the land owner that I want them removed from the scheme for the false evidence they have given the IAS with the intent to supply the same evidence to the courts if they do decide to pursuit the alleged debt.. The land owner has written to them regarding my complaint of 'faulse evidence' and other issues and are awaiting their response. It appears the land owner may push for the operator to conform to regulations.. I will fight this until they are removed... The management of our carpark by these companies are of no benefit to the residents or their visitors.

Although, I feel you maybe right, separating the two complaints maybe work better, thank you.

Scrumpy11 · 9 May 2019 at 5:57PM

My PCN has disappeared, nothing confirmed in writing yet, but its no longer searchable on 'IPayMyPCN'. I have made a complaint to the company, I sent a 'cease and desist' letter, 'recorded signed for' This was due to be returned to me by the Royal Mail as they company no longer occupy the address in which their company is registered to.

I have made several complaints to the IPC, all was palmed off with excuses. Due to IPC not giving permission for any information on their site to be disclosed, I requested permission to disclose information to the DVLA, My local MP, Land Owner. I also stated, as the IPC were not willing/ able to assist me within this matter, then how do I escalate it. This seems to have kicked the IPC into touch. CMS are now being investigated. I have supplied my evidence and the IPC is now awaiting the operators response.

I have requested that CMS's membership to the IPC be removed due to false evidence which they supplied to the IAS (lied about what signs were displayed, breaching the code of practice) and the fact they have been operating illegally since 23 Feb 2018.

CMS are operating illegally.

CMS are operating from an address in which they no longer own/ occupy, ‘55 Leonards Road West, Lytham, St Annes, Lancashire, FY8 2PF’, which is where you company Is registered to. Therefore the PCN is void. Google maps supplies a great source of evidence.

CMS moved out of the above address on the 23rd January 2018, therefore incorrect information is on the PCN and its void. A company must include its ‘Registered Address’ and ‘Company’s registration number’ on any ‘Invoice’ it issues. As set in the ‘Companies Act 2006’.

CMS have broken the following regulation as set in ‘Companies Act 2006.’ Which states: -

2006 c. 46. Part 6, General, Section 86: -

A company's registered office-

(1) A. company must at all times have a registered office to which all communications and notices may be addressed.

CMS have issued an Invoice from an address they no longer occupy breaking the following regulation as set in the ‘Companies Act 2006.’ Which states: -

2006 c. 46. Part 6, General, Section 87: -

Change of address of registered office-

(1) A company may change the address of its registered office by giving notice to the registrar.

(2) The change takes effect upon the notice being registered by the registrar, but until the end of the period of 14 days beginning with the date on which it is registered a person may validly serve any document on the company at the address previously registered.

(3) For the purposes of any duty of a company—

(a) to keep available for inspection at its registered office any register, index or other document, or
(b) to mention the address of its registered office in any document, (this includes invoices).

The signs are displaying false information because the companies registration number is not tied to an address... the PCN's are not enforceable as they must contain information as set in the 'Companies Act 2006' CMS are breaking the LAW!!!

residential parking - Recieved PCN for not displaying my Permit

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