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    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
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UKPC £100 ' fine' for not displaying free ticket **Withdrawn**


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Hi

 

My girlfriend parked in a UKPC car park with free parking but didn't notice you needed a ticket. UKPC have issued a Notice To Keeper for £100.

 

I always used to ignore these but I gather the advice is not to. She has until 22nd October to pay or appeal.

 

Please advise - I've been told multiple things about the uselessness (or not) of the appeals process. Can anyone help, especially given it was free parking for (I think) up to three hours, which makes a £100 'fine' particularly ludicrous.

 

Many thanks

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How long after the event did she receive this NTK? I presume that it was because of an automatic number plate reading device that she got an NTK rather than a ticket on the car.

If that is the case the NTK must arrive before 14 days after the event or it is not valid.

When we know the answer to this we can help with an appeal to the parking co and then an appeal to POPLA, which she will win.

I'm sure that your GF did get a ticket from the machine but input the wrong data, giving rise to this erroneous demand being issued so she may well ask UKPC to prove that she didnt as her first appeal to them. (hint hint)

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Ah, sorry - she did get a windscreen ticket but I advised her to wait for NTK.

 

As to the parking ticket, they noted she didn't have one at all, and I'm not sure any data required inputting - just pressing a button.

 

I've drafted a letter as per advice on moneysavingexpert forums to appeal to parking co (which I'm sure they will reject), then POPLA.

 

Cheers

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it is NOT A FINE

 

 

nowhere do they use or are they allowed to use that word.

 

 

it is a speculative invoice.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So, within time.

 

 

Any evidence of the breach-ie photo of the car without ticket displayed?

 

You can appeal to the parking co for any reason

 

 

what you say isnt that important

 

 

I would just state that the ticket was placed inside the vehicle where it could be seen

and it is not a breach of the conditions if their servants are unable to see it because they have failed to show due dilligence.

 

Then, when they respond you go to POPLA with the no loss caused to parking co

 

 

and claim is not a genuine pre-estimate of loss but a penalty as per Dunlop v New Garage and motor Co(1915)

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Hi ericsbrother

 

Many thanks for that, I will go ahead as advised.

 

dxbrotheruk:

 

I know it's not a fine, that's why I put it in quotes. i.e. they'd clearly like to think of it as that. :-)

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I put the quotes there!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi ericsbrother

 

Many thanks for that, I will go ahead as advised.

 

dxbrotheruk:

 

I know it's not a fine, that's why I put it in quotes. i.e. they'd clearly like to think of it as that. :-)

if you know its not a fine you shouldn't refer to it as such' as any new members reading this would assume that's exactly what it is!

IT's NOT a fine.

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  • 4 weeks later...

Surprisingly (and slightly disappointingly), UKPC wrote back, dropping the charge and stating that they were sorry about the experience my gf had of them, and that they never mean to harass etc (I wrote a bit at the end of the letter saying we would complain to their client and let them know what a bunch of gits they were, etc).

 

So, all's well that ends well.

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if you know its not a fine you shouldn't refer to it as such' as any new members reading this would assume that's exactly what it is!

IT's NOT a fine.

 

Yeah, OK, fine (see what I did there). You should take it easy.

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