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  1. #21

    Default Re: Parking ticket in my own space UKPC

    Quote Originally Posted by dbuk2000 View Post
    Appreciate all your help.

    Great will report back as the letters chasing start to come through.

    You say they need to learn in court, but even if I am likely to win I dont want to go to court just on the off chance. Is this likely to get all sorted before that?

    In the meantime I should have my replacement permit arriving so at least I can avoid any more of these tickets.
    In a world of common sense, you'd certainly hope that they'd realise that they've made a goof and cancel the ticket. However, when you're dealing with a PPC (any of them) common sense is in VERY short supply. I think they keep it in a locked drawer and have lost the keys!

    The only thing that you can do to (hopefully) stop them taking you to court is to appeal once you get the NtK. You have very good grounds for an appeal, but you really don't want to identify yourself as the driver (hence waiting until you receive the NtK) as that only removes any protection that you get from the POFA 2012.

    As I've said though, common sense and PPC's are not often bedfellows, so they *might* still want to try and get the money out of you, ultimately at court. But, there's not really an 'off chance' of you winning. You'll beat them hands down and would also have a good case for a counter claim for their trespass in to your parking spot and their breach of the Data Protection Act, plus your costs.

    All in all, could be a grand day out and all at their expense


    Quote Originally Posted by dbuk2000 View Post
    The address that was on the attacment is for the management company so all good.
    No problem then, attachment re-approved

    We could use your help
    PLEASE HELP US TO KEEP THIS SITE RUNNING


    Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

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  2. #22
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    Default Re: Parking ticket in my own space UKPC

    Hope you all had a nice weekend.

    Just to add to this. I now received another parking ticket even though the management company told me they put me on an exempt list till my permit arrives. Cant say I am suprised. Will just wait till I get the NTK form and then take it from there.


  3. #23

    Default Re: Parking ticket in my own space UKPC

    You can always count on UKPC to keep your hamster supplied with bedding

    We could use your help
    PLEASE HELP US TO KEEP THIS SITE RUNNING


    Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

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  4. #24

    Default Re: Parking ticket in my own space UKPC

    That will coat UKPC anohter 4 to process for no reason whatsoever. Let the management co you are thinking of suing them for trespass because they are the ones who allowed these bandits onto the common parts. The persuasive case is Davey v UKPC so rub their noses in it and let them know it will be about 10 grand out of their wallet if they dont get their act together and stop UKPC's appalling behaviour


  5. #25
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    Default Re: Parking ticket in my own space UKPC

    Hi All

    So further to the above, finally after a few months I received some communication from UKPC. A letter in the post Re: Notice to keeper as the subject.

    Should I ignoreicon this or not?

    Any help appreciated.

    Thanks


  6. #26

    Default Re: Parking ticket in my own space UKPC

    Is it within 29-56 days

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  7. #27
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    Default Re: Parking ticket in my own space UKPC

    Well I have more the one ticket for my own spot.

    For the previous ones I received no followup however for this ticket its dated 5th July 2018 so it is in the range you specified.


  8. #28

    Default Re: Parking ticket in my own space UKPC

    also scan it up please to PDFicon read uploadicon

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  9. #29
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    Default Re: Parking ticket in my own space UKPC

    Hi All

    Sorry for the delay and my lack of manners in responding. Unforutnately I have let this slip further and received a followup from UKPC saying as they have not received a response in 28 days they have now deemed me the register keeper and I have 14 days to make the payment.

    Ive attached the letter that I got today.

    any advice on how to proceed will be greatly appreciated. I made a mess and have seven of these tickets in my own spot, so of course dont want to fork out 700.

    Thanks

    Attached Files Attached Files

  10. #30

    Default Re: Parking ticket in my own space UKPC

    they cant deem you to be anything and the POFA has things to say on this matter, they either follow its protocols or they lose the right to create such a liability.

    Show us the NTK your received in august, this letter is meaningless.

    read a load of other threads about residential parking and especially the DAVEY thread (have to look back a bit).
    You can then let UKPC that they are heading towards another 10k loss and make sure the management co are aware that you will be doing the same to them unless they can provide evidence that they told UKPC to desist from their harassment.

    Read up first though so you get the letters right

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  11. #31
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    Default Re: Parking ticket in my own space UKPC

    Hi again

    I've attached the first notice to keeper that I received just over a month ago. Can someone please advice on how to go forward. I unfortunately have seven of these tickets so potentially could be out of pocket by 700. I know its my own fault in not getting the permit sorted sooner.

    Thanks

    Attached Files Attached Files

  12. #32

    Default Re: Parking ticket in my own space UKPC

    Not really you have supremacy of contract

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  13. #33
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    Default Re: Parking ticket in my own space UKPC

    But I am not sure on the next course of action. Should I be appealing to them or should I wait?


  14. #34

    Default Re: Parking ticket in my own space UKPC

    well you do
    read post 30

    for ease of searching use the search CAGicon box in the red top toolbar

    davey UKPC

    https://www.consumeractiongroup.co.u...ss-**SUCCESS**

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  15. #35
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    Default Re: Parking ticket in my own space UKPC

    So I've been reading for the last couple of hours. I am getting confused with how to go forward.

    Some of the threads the people are adviced to get in touch with UKPC when the ntk arrives, other threads say just completely ignoreicon UKPC, others say go to POPLAicon. Others say to wait till I get a N1 form.

    Also the letter I have which I uploaded in regards to one of my seven tickets has a date over 60 days later than the parking chargeicon date. Does this mean it is no longer valid?


  16. #36

    Default Re: Parking ticket in my own space UKPC

    Ok I will start the ball rolling and others will add more later as their are many variables involved.

    The parking companies know their paperwork is flawed and they also know that if they took many more motorists to Court they would block up the Court system and
    cause a huge outcry so they only take something under 10% of the tickets issued to Court. So if you only have one ticket against you it is often better to keep your head beneath the parapet so your name does not come to the attention of the parking company. Hence the reason we say ignoreicon them most of the time
    . You understand that when people write to challenge the charge they run the risk of giving away that they were the driver and/ or exhibiting ignorance of the Laws they are citing as well as not being sufficiently robust in their challenges. This leads the PC to think that by rejecting the challenge [which they do 99% of the time] and racking up the pressure that person will pay up.

    Anther reason that we say "ignoreicon" is because there is still insufficient evidence to ensure the driver will win in Court even though an error has already been identified with their paperwork or signage for example. This is because sadly not all Judges are au fait with the legal complexities of POFA and parking contracts and can be swayed by a lawyer or their own self belief [or ignorance] rather than the evidence before them.

    If you write to the PC and point out why there is no contract between you too early, they not being too honest will slightly amend their position so it now appears that
    they are still correct in demanding money from you.

    On this Forum we always advise never to challenge until the NTK has arrived. And if we then advise to challenge it is often because the keeper has posted up the signage; confirmed there is no planning permission and generally done all the homework asked for by those on the Forum. It may also be that there is history with that particular car park-the Peel Centre Stockport for example-so a strong warning shot was sent so that the PC knew not to go any further with this case.

    Although the odds are small we have to assume that each thread could end up in Court so we need to find as much ammunition as possible so that even if the defendant doesn't do a good job in getting their points across there will be enough they got right to win anyway. Just having one point against them may not be enough in all cases to win so the more things we can find wrong the better.

    Moving on to POPLAicon you do realise that it is not an even playing field. Not all points that would win in Court are taken into account at POPLA and we are finding that there is a seeming lack of impartiality in some of their decisions. And of course you know that appealing to the IPC version [the IAS] is a complete waste of time.
    In your case with seven tickets care has to be taken. Yes you do have supremacy of contract but they will use a good lawyer if ti goes to Court not their usual run of the mill ones so more work may be needed in your case.

    That is by no means a comprehensive answer to your question but gives you an idea of the complexities involved. Each thread may contain different problems and the different PCS often require different reactions there is no one solution that fits all problems. But I am pleased that you are reading other threads and hope that I might have cleared up some of your problems rather than making the situation even more unclear than before.

    I am posting a judgement below which involved a supremacy of contract in a different situation to yours where the original case was heard just using the paper arguments of each without either side being present. The tenant had the courage to appeal the decision and won at the county courticon. That Judge gave a very good definition of what parking which PCS should take notice of when issuing tickets for short stays..


  17. #37
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    Default Re: Parking ticket in my own space UKPC

    Really appreciate your response and taken the points on board. From UKPC point of view they dont know that I own the spot. Now I have received the NTK I am inclined to just keep it simple and write an appeal letter simply saying that I own the spot, with a copy of permit attached, and ask them to cancel the ticket.

    The NTK letter says if they reject it they will issue me with a POPLAicon code so I can go down the popla route if they reject it.

    Do you see any issue around me taking this approach. Of course they will then know who I am as it will be my first point of contact.


  18. #38

    Default Re: Parking ticket in my own space UKPC

    It's not they don't know you own it. They don't care that you own it. Plenty of threads around where they are told outright that the person owns the space yet the ppc keeps chasing.

    Follow the advice given already.


  19. #39
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    Default Re: Parking ticket in my own space UKPC

    Well the NTK has arrived so from the advice given some of the responses say this is the time I should get in touch with UKPC. I will come back with a draft later and post it into this forum so advise on that would be helpful.


  20. #40

    Default Re: Parking ticket in my own space UKPC

    OK,
    do not ask them for anything!,
    do not be polite,

    they are totally in the wrong so telling them that you WILL sue them for harassment as per Davey v UKPC may well stop them from doing anything stupid.
    UKPC are however, particularly stupid so not a certainty.

    make sure the management co know that you will sue them for allwoing these bandits to disturb your "quiet enjoyment" of your own property and that any injunction you seek against UKPC will also have their name on it as UKPC are only there at their request so they carry the respinsibility for stopping their servaants from misbehaving

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