Forgot to display permit for my own space

Coupon-mad · 6 February 2017 at 10:55PM

Yep just re-word that bit:

You have obtained my data from the DVLA without reasonable cause, since despite losing the two Appeal cases heard in Oxford, your firm (Homeguard, t/a 14 Services) continues to disregard the rights of tenants and leaseholders to use their own residential car park without threat or interruption or charge. I have primacy of contract and your blanket 'parking charge' regime, trespassing against vehicles on this land, is indicative of derogation from grant by your principal.

Homeguard t/a 14 Services must take this as formal notice that I reserve the right to report your company to the Information Commissioner and to sue your company and the landowner/managing agent for a sum not less than £250 for misuse of my data, should you continue to process it beyond this date except merely to confirm within 21 days that you have deleted my data from your records.

ncobo1664 · 11 February 2017 at 3:34PM

Update:

Unfortunately my landlord is on holiday so hasn't gotten back to me yet.

I have emailed the management agency who have told me to deal with 14 services.

I have had my first appeal with 14 services rejected, only now am I able to send off my IPC appeal which I'm about to do today.

Fruitcake · 11 February 2017 at 4:15PM

ncobo1664 wrote: »

Update:

Unfortunately my landlord is on holiday so hasn't gotten back to me yet.

I have emailed the management agency who have told me to deal with 14 services.

I have had my first appeal with 14 services rejected, only now am I able to send off my IPC appeal which I'm about to do today.

If you mean the appeal to IAS, don't bother. The NEWBIES tells you why it is not worth the effort. It's a kangaroo court. I believe the IPC/IAS have an agreement that guarantees at least 80%of appeals will be rejected no matter what you put in them.

Sit back now and wait to see what your landlord says. You have told the scammers that you know they lost heavily on the exact reasons as yours in the Jopson case, so I think they would be stupid to start court, but you never know.

Ignore everything from now on unless you get real court papers. If you do, make sure you hit them with a counterclaim for a DPA breach. The NEWBIES tells you why it is safe to ignore debt collectors.

safarmuk · 11 February 2017 at 6:24PM

In Residential Cases, I am not so sure about the IAS. You are looking to build up the evidence of unreasonableness so you can hit them hard in court should it go that far.

So sending to the IAS an appeal that clearly lays out Jopson and ALL the other Residential Parking cases that are being lost in court currently and then having them reject it without rebutting those cases can only help in my opinion when exactly the same is presented to the DJ and he agrees.

Just my opinion not sure what everyone else thinks?

On anything but Residential Parking I would agree about not bothering with the IAS.

Coupon-mad · 11 February 2017 at 11:46PM

Dunno, personally I would never try the chocolate teapot of the IAS unless there was something glaring (the last one I helped was a year ago when the driver had been named and the keeper was still being pursued and had been wrongly stated by the parking firm, to be the driver...a complete muck up by the parking firm who got in a huge muddle, and yep, the appellant won).

I think trying IAS and losing serves no purpose. I really do NOT think they will agree on residential ones.

safarmuk · 12 February 2017 at 12:02AM

I don't anticipate you would win an IAS Residential Parking case - my suggestion was more if you are building up to a counterclaim for either DPA or unreasonable behaviour this rejected appeal would serve your purpose and add ammunition to your claim.

However, I think, given the level of expertise its probably wise to defer to C-M's advice.

The_Deep · 12 February 2017 at 1:32PM

I agree with Safarmuk.

As I have said many times before, an unsigned, unfair, turning natural justice on its head adjudication from the IAS can easily be used to your advantage.

The IAS do not understand housing and leasehold laws and can usually be relied upon to make the wrong decisions. Grist for the mill if you are lidging a counter-claim.

Fruitcake · 12 February 2017 at 1:43PM

I'm in two minds about IAS appeals. I would love to see a rejected kangaroo appeal put in front of a real judge so the fact that it fails to meet the requirements of the ADR Act 2015 can be shown.
However, it needs to be done by someone who is very savvy and familiar with the court process, is confident to have a go at the scammers, and there is proof right from the start that the scammers are in the wrong.

Your average victim we see here on a daily basis isn't usually up for the long slog, and just wants it all to go away.

If it came to a LBC anyway though, I would suggest a throwing in a late IAS appeal and (assuming it isn't allowed for being out of time) I would quote the above Act to show that the UK Gov requires scammers to allow appeals for up to a year after the event. It would at least show a judge that the IPC/IAS appeal system is a sham.

ncobo1664 · 12 February 2017 at 10:46PM

I've submitted an appeal to the IAS quoting the Jopson vs Homeguard case of last year. By the sounds of it in all likelihood it will be rejected. My Landlord has agreed to look into this for me when he returns.

What will happen next if indeed the appeal is rejected? How likely is it that they will start a court claim?

Half_way · 12 February 2017 at 11:22PM

Lynzer on pepipoo has put up a few useful guides re residential parking cases, here:
residential pakring FAQ/info http://www.thebridesmother.co.uk/Media/residential-parking.pdf

Template letters/letter examples http://www.thebridesmother.co.uk/Media/Templates.pdf

Forgot to display permit for my own space

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