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monyl

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About monyl

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  1. Hi dk100uk, have cut and paste the conclusion below: 'The appellant states that the operator has provided no evidence to confirm that they have landowner authority to issue the PCN. Section 7.1 of the BPA Code of Practice states: “If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent)”. Section 7.3 continues: “7.3 The written authorisation must also set out: a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement”. In order to prove that it has the necessary landowner authority to issue the PCN, I would expect the operator to provide written landowner authority or a valid witness statement to rebut the appellant claims. However, the operator has only provided a document that confirms that the landowner has extended a contract. I cannot determine from the extension what the operator’s responsibilities are and whether it has authority to issue PCN’s. The appellant has raised other grounds of appeal. However, I do not consider it necessary to consider these, as I have already allowed the appeal on the above basis. Accordingly, I do not conclude that the operator has correctly issued the parking charge and will allow the appeal'. Very stressful ordeal!!
  2. Hi everyone, just to let you know that I was successful in winning my appeal at POPLA in October. It has been very stressful and really affected me to the point that the whole thing made me unwell. Thank you all for your help and assistance.
  3. Hi, if I don't bring this to an end, how will not doing anything stop them from putting more PCNs on my car in the future as I live in the close?
  4. Hi dx100uk Thanks for your quick reply but I still need to reply to POPLA based on the their defence to having a contract with them.
  5. Hi, an update on my POPLA appeal. PEA have uploaded 3 documents as evidence. One document was full of pictures of my car and their signs. They have produced a contract commencing in 2013 but it is in the name of my current landlord who did not exist until this year. They have also stated that I have breached their contract not to have displayed a permit as their sign instructs. How do I proceed with regard to the contract as I do not believe that this contract was always in place as they were not seen for over 1 year? Any info will be helpful as I have 7 days to respond to POPLA.
  6. Hi, still trying to put my appeal together for POPLA and found a PSC07 filed by PEA Parking on Companies House stating that Nationwide Controlled Parking Systems Ltd ceased to be a person with significant control in December 2016. Does this mean that PEA was running 2 companies at the same time and could use both names. Some of their annual returns name Nationwide Controlled Parking Systems Ltd holding 1 Ordinary Share Capital. Does this make them the actual 'owner' of the company? If so, what name should they be using when they tender for contracts? They also have a registered address in the UK, do they now come under UK law as they have registered with Companies House to be able to operate in the UK under UK law? I have uploaded the PSC07. Cessation 2016.pdf
  7. Thanks everyone for your info. Found my tenancy agreement which states: 'Parking and roadways (i) Not to block local roadways, and other vehicular access, and to keep them, and car parking spaces clear of unroadworthy and unlicensed vehicles and other obstructions. (ii) Where the property is an estate not to park any commercial vehicle licensed to carry loads above 7 hundredweight without the written consent of the Trust' When everyone first moved into the development, the development project manager told all the residents that we had been allocated a bay each but the numbers were never painted on them as they ran out of money and made us move in a week earlier so as not to pay for site security for an extra week. Thanks again, much appreciated. I have to put my appeal into Popla this week.
  8. Hi ericsbrother, I had already tried contacting the HA and still waiting for various departments to call me back - nothing on their website either. See pictures attached - no times are mentioned on notices either.
  9. Hi Honeybee13, yes there are. Sorry for delay in replying but have been trying to contact HA with no luck
  10. Thank you for your reply dk100uk, will read up post in link. Also curious, as I pay service charges for the maintenance of the car park to my landlord, do I not also have a contract to be able to park outside my house?
  11. Hi, I would greatly appreciate some assistance with this parking issue. Apologies that this is a bit long – have tried to summarise it. I live in a cul-de-sac (close) and until a few years ago the local authority tried to CPZ the close but found that it was private land belonging to my housing association. It is a small close with bays that residents park in. The local authority persuaded my housing association to get a private parking contractor which caused an almighty confusion between the residents and the housing association. To cut a long story short, PEA Parking got the contract. Signs were erected and one letter sent out about registering with PEA for a virtual permit. The housing association then stated that they would not get involved in any disputes with parking and disowned themselves from the matter. At that time, my son had a blue badge and I was given a mobile permit that I could put in my windscreen when parked. My car broke down on the close and I purchase another second hand one and informed the local housing office of the events of then I would be disposing of the old car. The then housing officer emailed PEA and c.c'd me into the email. Around the end of 2016 my housing association informed us of a consultation of merging with another housing association and this would be on-going for a while. Unbeknownst to us, the local office closed down as staff was restructured, no phones were answered for months - office telephone numbers were changed and all we were getting were mail shots about the merger continuing. At the same time, my permit expired and there was no appearance from PEA so we the residents assumed that they no longer had the contract - I had left my car outside my door for months when on leave and saw no parking contractor - let alone not being able to get through to head office to query where the new local office was. On 15 May 2018, I had a medical appointment for a minor op. I returned home and to my surprise and horror found a Parking Charge Notice on my windscreen. I was shocked as they had not patrolled the close for over 1 year and even the neighbours were sure they were no longer the contractors and felt that when a new one got the contract, we would be informed. I appealed and sent evidence on the 28 May 2018 on the following grounds: 1. The Notice mentions the old housing association's (landlord) name which no longer exists. 2. My letter from my housing association dated 15 January 2018 re 'Change of Landlord' the old landlord ceased to exist on the 2 January 2018. 3. Letter confirming that I pay service charges for the maintenance of the car park so can park in the bay. 4. Their Notice is difficult to read as dyslexic and font is very small. PEA acknowledged receipt of my appeal on the 1 June 2018 stating that if I do not hear within 14 days – do not assume it has been cancelled. I had to contact the British Parking Association who stated that I should have had a decision within 36 days and they would contact them. I emailed PEA on the 12 July 2018 for a decision/POPLA reference number. PEA replied on 19 July 2018 – appeal rejected on the following grounds: - No displaying a valid permit and warning signs etc. - My old landlord still exists as the rebranding with the new landlord has not yet been completed. The parking restriction times were between 10.00am – 2.00pm Monday to Friday. There has been no written confirmation from PEA or the new landlord to confirm that they will continue to have the contract nor had I been contacted on the expiry of my son’s disabled mobile permit to change it to the virtual permit. Where do I stand? Any information appreciated.
  12. Hi Elsa Sorry but had to catch up on some other urgent bits. My face is glum because this is the third fight I've had with CL and HC over the past couple of years. I've actually had to face their solicitor who tries to intimidate you into settling before you go into the room and it is very distressing overall, to the point that you do not wish to be in the court process in the first place. the court have confirmed that the case has been discontinued in writing. Meantime, I've had to complain to FOS again and SAR about both companies, I hope they are disgusted with themselves. Will keep in touch, thank you for support. Monyl :-/ (nearly smiling)
  13. Hi, just read your message. I'm current Orange customer and had their laptop deal in 2007 with 24mth contract, obviously now expired. Tried to leave last year but they insisted on things in writing etc. Also I left BT and service cannot be provided without BT line. In the end I cancelled DD via bank and then got attention from them and its now sorted. Monyl
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