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    • markudman
    • By markudman 8th Jan 18, 9:44 PM
    • 272Posts
    • 151Thanks
    Resident Parking
    • #1
    • 8th Jan 18, 9:44 PM
    Resident Parking 8th Jan 18 at 9:44 PM
    Hi I have found the bottle to start a thread, I have read the Newbie!!!8217;s Thread and followed some of the advice,
    Here is my story, I moved into a new flat with my wife and kids, in Sept 2017, the parking cowboys, PCM mismanage the parking, I am off work sick due to an autoimmune disease which means I have problems with pain all over my body so cannot always help my wife with, Kids Shopping, etc.

    I had 3 cars, (sold one now) but got about 8 tickets, for different reasons, but all the usual reasons, PCM would not issue permits until they got the V5 in my address, this took a few weeks, we asked for temp permit which after a fight with the managing agent got them, also we got scratch cards and displayed them in the cars, but still got tickets,
    there are 3 entrances to the estate, only one (the back one) has signs on them .
    I have talked to the landlord and are not interested in helping, but have not spoke to them yet about quite enjoyment.

    So after reading lots of forums, decided to play a game with them, I appealed knowing that they would get rejected, I then used different letters and appeals to IPS, I am waiting for their rejections.

    The main reason for appeal was signage or lack of it, they say they have 63 signs throughout the estate, (it!!!8217;s a big estate) which may or maybe not be true, but there are no signs on 2 of the entrances and have photos to prove, a total of about 20 photos showing the entrance and a walk through to the parking etc,
    a few signs can be seen, one which is about 20 foot away from the parking area, over a grassed area which cannot be read from the parking area, and one which is next to one saying resident parking only, so confusing.

    I have checked the size of the signs and they are not bigger that 0.3 sqm so no advertising consent needed, I am checking planning soon.

    I have 2 NTK from them, for the same car, one to the hirer, and one to the keeper? Both say they got the details from DVLA, and my wife is a Mr, but the V5 is Mrs,

    I have asked them for proof that they have a contact with the land owner.

    On their Prima Facie Case they say that they have a contact with Merton Council since 2009, the land was sold to a housing association in 2010? I have checked this with land registry and downloaded the plan.

    The other point which I am hoping will be a winner if all else fails, (I have not gone along this line yet with the appeals) is my tenant!!!8217;s agreement, it has no referents to parking in it, but says:
    Common Parts,
    Means any part of the building containing the property and any land or premises which the tenant is entitled under the terms of this tenancy to use in common with the landlord and other owners or occupiers of other flats in the building.
    As in:
    In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park.

    In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.
    Last edited by markudman; 08-01-2018 at 9:50 PM.
Page 9
    • markudman
    • By markudman 26th Apr 18, 7:54 AM
    • 272 Posts
    • 151 Thanks
    Thanks Coupon-Mad, I have read thought these and great LBC's and letters to the MA, but nothing to the Charity commissioners,
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • The Deep
    • By The Deep 26th Apr 18, 8:47 AM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    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.
    Last edited by The Deep; 26-04-2018 at 8:50 AM.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 27th Apr 18, 12:11 AM
    • 57,473 Posts
    • 71,072 Thanks
    Thanks Coupon-Mad, I have read thought these and great LBC's and letters to the MA, but nothing to the Charity commissioners,
    Originally posted by markudman
    Of course not! It was the turn of phrase that I was pointing you to copy/adapt.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • markudman
    • By markudman 27th Apr 18, 3:04 PM
    • 272 Posts
    • 151 Thanks
    Thank's The Deep that's a great piece
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • markudman
    • By markudman 12th May 18, 7:13 PM
    • 272 Posts
    • 151 Thanks
    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 donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
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