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Thread: PCN From UK Car Park Management

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  1. #1
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    Default PCN From UK Car Park Management

    Hi All,

    So hoping someone can help me out of this one. I recently moved to a new flat which has a parking space attached with the purchase.

    I do have a valid permit to park in this space. I basically forgot to put my permit on display, I moved in a week before being issued the fine and am still getting into the habit. I was issued with a PCN, appealed on the basis of this even sent a copy of my permit. They have responded today rejecting my appeal as it was not on display and state their was signage to say this. There is a sign on display its not immediately visible unless you look around for it and the lighting in order to read it is minimal as it is under a sheltered alcove.

    Is there any advice anyone has to take this further, as I don't see why I should pay £60 for a space I kind of own/legally entitled to park in. Permit or no permit.

    In the rejected appeal letter I have not been given a popla reference either.

    Many thanks

  2. #2
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    Default Re: PCN From UK Car Park Management

    Ok, get your lease out and look for what it says about parking. Bet it doesn't say you have to display a permit nor pay if you do not UKCPM are trying to say that they are offering you a contract to park on your own land but you already have rights to do that. Your lease has primacy of contract and a third party, a stranger to the lease, can't modify it.

    Was this a windscreen ticket or ticket through the post?

    Post up a photo of the sign

    Have a read of this link to give you heart
    Last edited by ostell; 12th July 2017 at 21:36:PM.

  3. #3
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    Default Re: PCN From UK Car Park Management

    Thanks Ostell for your advice.

    I have checked my lease and will upload a copy as well. It was a windscreen ticket. Based on all this do you think I have a good chance of winning this one.
    Attached Thumbnails Attached Thumbnails image.jpg   image.jpg  
    Last edited by pxavier; 13th July 2017 at 20:53:PM.

  4. #4
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    Default Re: PCN From UK Car Park Management

    Pretty good, I reckon.

    Does the lease mention 'quiet enjoyment' at all (or anything about non-interference with leaseholder rights etc)?

    Re the 'no POPLA code' matter, did you appeal to the parking co by the relevant deadline?
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  5. #5
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    Default Re: PCN From UK Car Park Management

    Here's another summary of your rights etc
    And a selection of template letters that you amend to suit taking care as they will not have obtained your details from the DVLA and therefore DPA has not, yet, been breached.

    Post up your letter for critique before you post off.

  6. #6
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    Default Re: PCN From UK Car Park Management

    Hi Ostell,

    Thank you for all your help, I have taken bits out of the template letters you suggested. I believe all the below applies to me. I will send this with copy of my permit and lease. UKPC have stated the appeal should be lodged with the IAS, was I supposed to be given anything similar like a POPLA code when dealing with them?


    Your PCN draws to my attention that you are using my allocated car parking space for your own business purposes. My lease allows unfettered occupational rights to the parking areas, which means you are operating a predatory business on land which you have no overriding rights in. As this parking space is one directly allocated to me on the lease, you have not sought approval for the use of it from the actual landholder, ie myself. You have trespassed on my leased land.
    Your involvement on this land will have supposedly been to prevent parking by uninvited persons, for the benefit of the actual leaseholders and their invited guests. Instead you carry out a predatory operation on those very people whose interests you are purportedly there to uphold. In any case, my lease in respect of the common areas of the grounds and my designated parking area places no restrictions on the parking facilities such as those you have tried to imply, let alone a penalty regime for an alleged contractual offer to use my own allocated parking area I already have such rights or to place restrictions on visiting guests.
    You cannot offer me something I already have, and I am not obliged to accept an offer in such circumstances. My lease remains the same as when it was originally agreed as part of my residential rights. There are no restrictions on parking within it and I believe you are acting unlawfully by attempting to take legal action when I have an absolute right of peaceful enjoyment on the land including allowing my guests free use of it. If you feel that you have been misled by the Managing Agents insofar as they have contracted with you to operate here, then that is something you must take up with them directly.
    It is of little interest to me as I have unequivocal unfettered right of peaceful enjoyment on the land. I draw you attention to the case of Jopson v Homeguard , case 2906J in Oxford County Court where the appeal heard by his honour Judge Harris QC. This was an appeal against a previous hearing which was awarded in favour of Homeguard, in similar circumstances as those addressed in my dispute with you. The Judge allowed the appeal in favour of Mrs Jopson. I also draw your attention to PACE v Mr (N Redacted), case C6GF14F0 in Croydon county court where the case was heard by District Judge Coonan. In summing up he stated " I have before me a tenancy agreement which gives Mr [N. redacted] the right to park on the estate and it does not say “on condition that you display a permit”. It does not say that, so he has that right. What Pace Recovery is seeking to do is, unilaterally outside the contract, restrict that right to only when a permit is displayed. Pace Recovery cannot do that."
    As you have seen fit to attempt to charge me the sum of £60.00 as a legitimate amount for the use of my own leaseholder rights to the areas of the property, I hereby claim an amount of £100.00 for damages for the tort of trespass and tortious interference of my leaseholder rights, occasioned by the attempt to restrict my rightful use of the designated area.

  7. #7
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    Default Re: PCN From UK Car Park Management

    That looks good. Also add that you want your details removed from their records and confirmation of this and the removal of the charge to be received within 14 days and you do not expect any further contact after this.

    And don't forget to get free proof of posting from a post office.
    Last edited by ostell; 17th July 2017 at 08:52:AM.

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