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New parking regulations at home...

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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I agree with CM, your case is not even in the same ball park as Beavis.
    You never know how far you can go until you go too far.
  • Thank you Coupon mad, and The Deep.

    I've responded to rebut every appeal to reiterate that this is a private, residents only car park, which I am entitled to use as per my leasehold agreement, with no requirement for a permit (including an image showing the terms regarding parking).
    A witness statement from Warwick Estates states that "The landowner / managing agent is Stephanie Hughes" (I've pointed out that this is ambiguous and that neither Stephanie Hughes, nor WE are the landowner). It also states that T R Luckins have the authority from the landowner to issue tickets (I've pointed out there is no evidence of this at all, only a contract between WE and TR Luckins, which shows no name of the person who signed it from WE, only a signature, so is incomplete anyway).

    The "specific parking signage" shown in TRL's evidence pack is not the sign shown on site - I've pointed this out.

    I genuinely don't think I could have been clearer to POPLA, both in my initial appeal and follow up to the evidence pack. I'm amazed at this response from POPLA! It's madness to think a PPC can come along, issue their own terms and if I don't agree, I can't park in the car park anymore...

    Also, I seem to have 3 debt collection letters from Inter Global Security Services Limited. Must be 3 PCN's that missed the windscreen and missed letters and have ended up with debt collectors.

    and I have another 8 rejection letters to now go through and then appeal to POPLA.

    I'm absolutely fed up now with the constant stream of paperwork I'm having to deal with! I'm also keeping an invoice updated as to time spent on the various stages. According to TRL's evidence pack, it takes them 4 hours to handle each PCN and appeal process, so I think it's only fair I invoice them the same.

    Thank you for all help, I really do appreciate it. Sorry I'm super frustrated with it all right now! Oh, I've also got a reporter that wants me to cover my car in the tickets, letters etc and send a photo for a new article haha
  • yotmon
    yotmon Posts: 484
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    Daniel_san wrote: »

    2. The drivers have to make sure that they always DISPLAY a Valid UK Parking Solutions Permit.

    It is a motorist responsibility to make sure that the permit is clearly DISPLAYED in their vehicle. Even if they think that the permit is in a clearly visible position they must make sure that they can clearly see the permit after they have closed their vehicle door. The permit could be partially obscured by their tax disc for example. Even wind from the door closing or vibrations from the door closing could dislodge the permit and cause it to move into a position that means it is unable to be read properly.

    It's good to see how UKPS recognise the pitfalls of placing one of their tickets on the dashboard. This could be remedied by issuing adhesive ones to drivers - but then again, their gross profits would take a nose dive !! Didn't a judge once point out that it was the ppc's responsibility to reduce loss at the earliest opportunity. Well, here's an exact circumstance were they could easily mitigate loss.
  • Daniel_san wrote: »
    I'm absolutely fed up now with the constant stream of paperwork I'm having to deal with! I'm also keeping an invoice updated as to time spent on the various stages. According to TRL's evidence pack, it takes them 4 hours to handle each PCN and appeal process, so I think it's only fair I invoice them the same.
    Time for the "nuclear" option?
    http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    You are not alone in your frustration Daniel.

    Before POFA my wife got a ticket at ASDA. I swatted it away as I was not the driver.

    I then complained to the BPA about the Town and Country tricking out their PCN to resemble a council ticket. They replied to say that they could not cancel the ticket. Obviously some minimum wage drone had not even read my letter.

    Pay peanuts ...
    You never know how far you can go until you go too far.
  • It's been suggested previously, but I think not possible given that my parking space is allocated and not on my deeds.
  • edgex
    edgex Posts: 4,177
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    re; the RTM company

    http://www.leaseholddoctors.co.uk/right-to-manage-FAQ.html
    Right To Manage Company – How many Directors Are Needed?
    Companies House has recently changed the requirements for limited companies, so that they can now be operated with a single director and secretary. However the RTM memorandum of association does require a minimum of two unless determined by an ordinary resolution


    http://www.lease-advice.org/lvtissues/lvtissue.asp?item=21
    Broadly the duties of a director are set out in a non-exhaustive list in the Companies Act 2006 and include:
    Promoting the success of the Company
    Exercise reasonable care,skill and diligence
    Act within powers of the Company
    Exercise independent judgment
    Declare interests
    Avoid conflicts of interest
    Accept no benefits from third parties


    http://www.urbanowners.co.uk/the-right-to-manage-guide/
    The RTM company is the actual body that takes on the management responsibility. This is a relatively straightforward process when carried out by a company formation agent. We advise that all company-founding leaseholders are made directors of the RTM company in smaller blocks, and that larger blocks have a minimum of three directors.


    http://www.lease-advice.org/publications/documents/document.asp?item=21

    http://www.hscpm.co.uk/downloads/private/HSCPM_Director_Booklet.pdf
  • Ah you've opened a can of worms there, for I just don't understand how to do anything about the situation...... WE helped us with the RTM process providing we contract them for 1 year. One person was appointed a director when that process was carried out, nobody else has the opportunity to become a director, as they simply keep fobbing me off when I ask to become a director, or ask for an AGM (there has been zero meetings since 2012 when we got RTM approved). WE absolutely hate me, as I ask questions, challenge them on things and then.....there's the parking situation. There's also the fact our RTM director has started her own cleaning business and surprise surprise, awarded herself the cleaning contract, increasing cleaning to twice per week and the costs by several thousand per annum. Oh, and I've caught WE signing the accounts off themselves and not having them checked by an actual accountant. They play dumb and say they have their own accounts team, then when challenged further they say they do them to save money and then they are done by an accountant - but they cannot provide a single invoice from an accountant, yet they have added a charge for such a service, which has come from their own internal accounts team as it's a WE invoice to our RTM company!

    I challenged the director and WE and was accused of making it personal etc etc and WE just didn't give 2 hoots. Others in the block decided they trust the director and that was that. I think I need to visit a solicitor tbh and have someone tell me straight what can be done, as there's certainly something wrong going on in my eyes.
  • The fact that PE were paying the landowner has NO relevance to the Beavis outcome whasoever, it's a null argument.

    However, parking in private residential car parks is so far removed from parking in a retail park, that Beavis is completely irrelevant to your case. E.g. no need for keeping a turnover of cars, no "promise to leave" after a certain period, no offer to park for the general public in the first place. Add to that the lack of right to offer parking in the first place, no contract, etc., etc., and you wonder why POPLA have decided it is.

    And the SC decided last November!

    Update: I called POPLA and have been told they now have a published ruling from the Supreme court, so I should have a follow up email with ruling "by next Friday". We'll see.....
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    LOL, there was a published ruling from the SC nearly 3 months ago!
    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
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