UK PCS speculative invoice for parking in my own space for at my own flat

[nas768]

Dear All,

 

I'm a new user here and I have read many threads in the forums about various scenarios,

but have not been able to find a response to my circumstances so I'm hoping someone can help here.

 

I live in a block of flats which has a car park with an allocated space for each flat.

I am renting my flat and the allocated car parking space is part of the lease.

The car park is gated and requires a security code for entry.

We are required to display permits in our cars.

There are signs up around the car park.

 

I was sent a NTK in the post telling me about a PCN I got on the 3.9.13 for not displaying my permit

but there was no PCN initially attached to my car on this date.

 

My car is rarely used, so it may be that it went unattended for several days

and that someone might have taken the initial PCN off my car.

 

I was not aware of the PCN being given to me until I got the letter in the post.

 

My permit may have fallen off the dash/windscreen, but as I do not go down to my car on a daily basis,

I would not have seen this until several days later.

 

My question is where to go from here?

This is most frustrating and something I could do without having to deal with.

But I wanted to post here and get some help for myself and other residents too.

 

I have not made any appeal yet to the PPC

and wanted the help of members here to give me some guidance as to the best way to proceed.

 

Some say to simply ignore the NTK and any further notices and others say that appealing

and eventually going to POPLA is best as it shows that you have made attempts to appeal

and at the least the incurs charges for the PPC.

 

I find it unfair that I parked in my own space yet because my permit might have fallen down

and I hadn't noticed is still valid grounds for them to give you a PCN.

 

If this is the case and my car is only used rarely, why did I not receive further PCN's on subsequent days?

 

I have not trespassed as this parking space is part of my tenancy agreement/lease,

I have not stopped others from parking in the space as this is my allocated space anyway,

and the PPC have not lost any financial gain or "pre-estimate of loss" as most people word it.

 

Please help me to sort this out and in turn be able to help other residents in the flats.

 

Many thanks in advance to everyone and of course do let me know if you need further information.

[renegadeimp]

For a start is is 100% unenforceable. Can you give the name of the PPC, and what they stated on the PCN?

[ericsbrother]

As it is allocated parking then you have every right to be in the space.

 

Write to the parking company and tell them that you were parked in your own space

and that you see their writing to you at the address that owns the parking space

(presume same addy) is proof in itself of the ridiculousness of their claim

and that any further attempts to claim money will be dealt with as harassment.

 

No agreement between the managing agents and a parking company override the rights of the occupier.

 

If the parking co is a little known one it might be worth checking their membership of the BPA

and their registration for data processing via the Information Commissioner's Office

as failure on these fronts mean that there is further redress against them and whoever employed them.

[nas768]

It's UK CPS. They are BPA registered.

 

I don't have a PCN as there wasn't one attached to my car.

 

I do have a NTK and this was the first I heard about the PCN.

 

According to the NTK, the reason I was given a PCN was for being "observed without a valid permit or authority"

 

Like I say, it may be been that the permit fell down from the dash/windscreen so was not on display.

But how can I be expected to check my car every 5 minutes to make sure that the permit is still there?!

 

Where I'm confused is that because of the signs, they say that a contract is being made by me accepting to park there.

 

So this enters contract law territory.

 

Should I simply ignore the charge letters they send me or actually make an appeal?

 

After reading up through POPLA, they say that a permit falling down is not valid reasons for an appeal.

 

But there are other things such as the PPC not losing any income/earnings as a result of me parking in my own space.

 

This is a big grey area!

[nas768]

UK CPS Ltd

[dx100uk]

there is no grey area

 

 

its YOUR parking space

 

its on YOUR LEASE

 

they can go swing.

 

they have NO legal powers whatsoever

to enforce this speculative invoice

they do not own the land

they have suffered no 'loss'

 

do as eric says.

 

dx

[nas768]

So where do I go from here? I've seen that others have appealed to the PPC and been rejected then are strung through POPLA. Or should I just ignore any further "invoices" from them?

[marmaris30]

Where you go from here is to write a simple letter explaining that you were parked on your own property, for which you have plenty of documentary evidence that would be produced in the event of any legal action, and that you do not expect to hear from them again. Keep the letter simple and make sure you send it by recorded post, keeping the receipt and a copy of the letter.

[nas768]

Where you go from here is to write a simple letter explaining that you were parked on your own property, for which you have plenty of documentary evidence that would be produced in the event of any legal action, and that you do not expect to hear from them again. Keep the letter simple and make sure you send it by recorded post, keeping the receipt and a copy of the letter.

 

Any draft templates you could help me out with?

[renegadeimp]

No templates needed. Just put it as described and see what comes back.. if anything.

[dx100uk]

i'd not waste RD cost

 

a simple FREE proof of posting is that is needed from the PO Counter

 

you only have to prove it was sent.

not they got it

 

dx

[nas768]

Just one question before I fire off my appeal letter.

 

The NTK I got was the first I knew about the PCN. So if I saw no ticket on my car, should I ask the PPC for photographic evidence in my appeal letter? Or should I wait for my POPLA appeal and then the PPC will have to submit it to POPLA as part of their evidence.

 

Please advise on which way round would be best

[ericsbrother]

No, just write to them and tell them to get lost before you do them for trespass. You are not appealing, you are telling them that it is your right and they are interfering with that right. A simple letter will do, they dont deserve the word appeal as it adds a cloak of legitimacy to their action.