PCN on MY allocated parking space!!! - won

[Carmin]

Re: PCN on MY allocated parking space!!!

I just had another good look in the tenancy agreement and it is very general, there are no details of the property inside. (like the fact that there were curtains, curtain poles etc inside the flat).
These details appear on a separate "check in list", which details everything coming with the flat, with the address of the flat and the name of my landlady. And we both signed and dated that document

- - - Updated - - -

Sorry, it just says under "other items" " Car parking space 10 inside central car park"
It does also mention the parking permi as an item coming with the flat but doesn't explain how to use it

[mystery1]

Re: PCN on MY allocated parking space!!!

So how is it your space ?

M1

[Carmin]

Re: PCN on MY allocated parking space!!!

Sorry, it just says under "other items" " Car parking space 10 inside central car park"
It does also mention the parking permi as an item coming with the flat but doesn't explain how to use it

[mystery1]

Re: PCN on MY allocated parking space!!!

Can you type/scan what it says ?

M1

[Carmin]

Re: PCN on MY allocated parking space!!!

That's what I wrote:

She lists items in every rooms, then at the and of the document it says

"Other items:
Car Parking space 10 inside central car park"
Then later on
"1 parking permit - New one to be sent out by housing association"

the flat is part of a building part housing association part private
And there is a "10" painted on my car park space

[mystery1]

Re: PCN on MY allocated parking space!!!

Ok doky.

After footie & tea i'll get to it.

M1

[Carmin]

Re: PCN on MY allocated parking space!!!

Thanks for your help.

[mystery1]

Re: PCN on MY allocated parking space!!!

http://parking-prankster.blogspot.co...a-process.html

carminpopla.rtf

M1

[Carmin]

Re: PCN on MY allocated parking space!!!

Thanks, I will give it a read and will probably have some questions as it is quite long!

[Carmin]

Re: PCN on MY allocated parking space!!!

Good evening!

Ok, I tried to read the document you so kindly put together for me and to be honest I don’t follow everything. Well I can see and understand what the 4 points are but:
Firstly, where are all these in formations coming from? Aren’t we meant to say when we are quoting some law texts? Ok so I found the text online where the first paragraph is coming from. I see you only copied some bits and left some out, again, am I not meant to introduce these different points? Just to recreate a hierarchy.

Then at the end of the first paragraph, you note that it doesn’t comply with 7(f), is it “specify the time when the notice is given and the date” and 8(f) is “warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—“ and both points?
Then you say the creditor is not identified? But isn’t it PREMIER PARK?
What about the time and date notice was given? I hid it from the copy I scanned to put on the website, but there is an incident time and incident date.

As for the second point, I understand what you say about me not authorising that company to enter my space. But the housing association (I suppose) did contract them, and I am renting through my landlady a parking space on their grounds. Are they not going to say that that company doesn’t require to form contracts with each occupier but with the land owner?

Then you challenge the signs. Is that on the grounds of colours? Because they are written blue on white and they advise black on white? As for the position of signs, I’ll need to check tomorrow, but I think there is one on the gate.

And then the last point: you talk about photographs provided by the operator. Is that me or the parking employee? Because the images they provided absolutely don’t show it, they always took the images at a certain angle or hiding behind the doors.

Also I looked at the page explaining the popla process, and where am I going to write all that??? It seems they want on ly maximum 2000 characters!
I am sorry about all these questions, I just want to try to understand and not send something blindly that I don’t understand

Then comparing with all the other cases you see, do you think this is winnable?

Thanks again!

[mystery1]

Re: PCN on MY allocated parking space!!!

Firstly, where are all these in formations coming from? Aren’t we meant to say when we are quoting some law texts? Ok so I found the text online where the first paragraph is coming from. I see you only copied some bits and left some out, again, am I not meant to introduce these different points? Just to recreate a hierarchy.

(1) A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.The protection of freedoms act 2012 schedule 4 allows the opportunity for parking companies liable for the actions of the driver but only if full compliance is achieved. In the case of a non ANPR situation compliance with section 7&8 are required.

note i said an but it should read a non anpr

Then i quote much of the protection of freedoms act information which is relevant.

Then at the end of the first paragraph, you note that it doesn’t comply with 7(f), is it “specify the time when the notice is given and the date” and 8(f) is “warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—“ and both points?

:okay:

Then you say the creditor is not identified? But isn’t it PREMIER PARK?

Might be but then again it could be the people who the operate on behalf of. It's not meant to be a guessing game and has previously been a winning point hence many now specifically say "scumbag (as creditor)"

What about the time and date notice was given? I hid it from the copy I scanned to put on the website, but there is an incident time and incident date.

The legislation requires that a period of parking is specifies. Not any random time the feel like.

As for the second point, I understand what you say about me not authorising that company to enter my space. But the housing association (I suppose) did contract them, and I am renting through my landlady a parking space on their grounds. Are they not going to say that that company doesn’t require to form contracts with each occupier but with the land owner?

Can they send people in to your home without your permission because they own it ? No. You are the occupier and pay for the privilege. Same as the allocated space. They cannot give 2 different people occupier rights to your house so why would anyone think they can with a parking space ?

Then you challenge the signs. Is that on the grounds of colours? Because they are written blue on white and they advise black on white? As for the position of signs, I’ll need to check tomorrow, but I think there is one on the gate.

Not really, i just always include it so that they have to produce. It's never come down to the point. Interestingly you have made the same mistake as many parking companies. The colour part is a quote from the code of practice and not a comment on the actual signs themselves.

And then the last point: you talk about photographs provided by the operator. Is that me or the parking employee? Because the images they provided absolutely don’t show it, they always took the images at a certain angle or hiding behind the doors.

The operator is the parking company. You are correct though i looked at the wrong photos.

Change to

4. No breach.
The driver did display a permit which could have beeen easily seen. It was situated as in the photographsprovided by myself. It is easily visible. As the terms were notbreached the appeal should be allowed.

Add the photos you took.

Also I looked at the page explaining the popla process, and where am I going to write all that??? It seems they want on ly maximum 2000 characters! I am sorry about all these questions, I just want to try to understand and not send something blindly that I don’t understand

Attach it as a file and add your photos at the same time.





M1

[Carmin]

Re: PCN on MY allocated parking space!!!

Good evening!

Sorry for my patchy answers really…

So it seems that the paragraph about keeper liability as quoting the freedom act, so should I write that this is what I quote? It would sound better I think?
In N°2, do you quote anything in particular or is it an argument that you wrote yourself?
I can see that in N° 3 you clearly state that you quote the BPA Code of Practice, so that’s all good.

By “The legislation requires that a period of parking is specifies. Not any random time the feel like.”, do you mean that the parking operator should have written a period of time that he witnessed I was parked there allegedly without my parking permit rather that saying that at precisely this time he noticed I didn’t have a permit?

And yes ok I will attach it as an image. Tricky from them to only allow 2000 characters really…

Thanks

[ostell]

Re: PCN on MY allocated parking space!!!

POFA says "period Parked" (from memory) so that's the whole time the car was parked. Impossible really.

[mystery1]

Re: PCN on MY allocated parking space!!!

Good evening!

Sorry for my patchy answers really…

So it seems that the paragraph about keeper liability as quoting the freedom act, so should I write that this is what I quote? It would sound better I think?
In N°2, do you quote anything in particular or is it an argument that you wrote yourself?
I can see that in N° 3 you clearly state that you quote the BPA Code of Practice, so that’s all good.

By “The legislation requires that a period of parking is specifies. Not any random time the feel like.”, do you mean that the parking operator should have written a period of time that he witnessed I was parked there allegedly without my parking permit rather that saying that at precisely this time he noticed I didn’t have a permit?

And yes ok I will attach it as an image. Tricky from them to only allow 2000 characters really…

Thanks

Now that the newer version of popla have made some decisions the only person who lost that i helped did not wait for the appeal i wrote so screwed themselves. Aside from the bad copy and paste discussed earlier i'm happy with the appeal.

I have 100% still at popla.

M1

[Carmin]

Re: PCN on MY allocated parking space!!!

Ok, would you like me to type the parts missing and send it back to you to have a look?