New Generation Parking Management

[Karvindon]

I have just won my case against NGPM and I'm in the process of invoicing them for stress punitive damages and costs.

I have a lot of information including my POPLA Appeal I think will be of interest to you.

I live in zzzzzzz so this is not an advert, go to my web site zzzzzzzzzz and send me an email from it and I will give you all the information you require.

NGPM didn't even defend my POPLA Appeal, they are cowards and I have threatened them with court action if that fail to pay me costs.

Take care,

Derek

Edited October 24, 2014 by ploddertom
REmoved placename & website name

[Karvindon]

Hi Paul have a look at my postying below and do the same as I suggested.

Take care,

Derek

[ericsbrother]

You cannot claim anything from them same as you cant claim from the council when you beat them at PATAS. By accepting the appeals mechanism you accept this.

Now you can be happy knowing that it has cost these idiots about £50 to get nowhere and if you sent off your complaint to the BPA that will be logged and MAY be used in the future against them or the parking co should any claim go to a higher court.

[Karvindon]

Have a read at the email I've just sent NGPM

Anyone can take out a claim in a Small Claims Court so what it#s written above is not true.

Part of my email:

Prior to us appealing to POPLA I sent you one email and your company another advising you and your company of the outcome if you failed to cancel what we felt was the unjust charge of £100.00 for a 7 minute overstay in a free car park.

In both emails we made it clear to you the £100.00 charge was not a Genuine Pre-Estimate of you Losses.

You chose not to reply; consequently we have been put under extreme pressure in fact owing to XXXXXX employment any court action by your company could have put her employment in jeopardy. It has cost us time, money and stress and as such we feel the invoice we sent to you was a fair reflection of our costs and damages.

As a result, if you are now bypassing your right under the law of the 28 days grace period prior to court action being taken, please reply in writing telling us so and we will start the court proceedings as of now.

If you fail to reply to this email then the terns of our invoice to you will stand and in 28 days time you will receive a letter of intended court action followed by an appearance in court when you will have the opportunity to defend your actions “Any claim brought against this company would be defended”.

Prior to the court action we will provide you and the court with extra evidence in line with the correspondence we are currently having with the DVLA, the Information Commissioner and the Inland Revenue.

Please reply to this email if not your inability to communicate will form part of our claim should we go to court.

Signed,

Derek A Donovan

For XXXXX the Registered Keeper.

Copy for information to

XXXXXXX

AOS Department of the BPA.

The Rt. Hon Kevin Brennan Cardiff West.

[ploddertom]

New thread created. Would be useful to know how this first came about.

[Karvindon]

New thread created. Would be useful to know how this first came about.

How can I help, what woulld you like to know.

Please be more specific

Take care,

Derek

[ericsbrother]

anyone can take anyone to court but that does not mean there has been a cause for action or a tort. Something nearly happening is something not happening so no loss.

What are your losses you are claiming back?

[ericsbrother]

another thing is POPLA is an alternative disputes resolution, like mediation at ACAS and jewish religious courts the decisions are final and binding. They cannot be added to or changed by going to the small claims court so again, as for PATAS it is an alternative remedy where each side bears it own costs as they are expected to be minimal.

Your paperwok wont be read until the hearing date so unless the defendant asks for a strike out you wont he told that you failed to show just cause until the judge has allowed you to have your say and then you will be told there is no basis of claim. Trust me I know this from experience from suing RM and despite having proved a loss due to their failure to perform a contractual obligation you cant win because (1) they have an internal disputes and compensaion procedure and (2) like the taxman, common carriers are immune from being sued. In your case (1) would apply.

[Karvindon]

We have just won our appeal at POPLA, if we had lost we would have had to pay but we didn't so now the PPC has to pay punitive damages for stress and the costs we have incurred appealing which included sending registered letters, taking photographs etc.

The BPA feels a charge of £100.00 is acceptable so our charge back in punitive damages of £100.00 should be the standard charge the PPC has to pay the motorist if they wi their appeal.

Do you think a PPC can attempt to obtain money from you then when they don't follow the rules just walk away and charge the next mug.

As for suing, anyone can take out a case in a small claims court if they as we have, enough evidence to win.

If everyone who has won their appeals at POPLA did the same perhaps PPC would accept genuine appeals and not have systematic systems set up to reject every appeal.

I hope this answers your question.

[armadillo71]

We have just won our appeal at POPLA, if we had lost we would have had to pay but we didn't so now the PPC has to pay punitive damages for stress and the costs we have incurred appealing which included sending registered letters, taking photographs etc.

The BPA feels a charge of £100.00 is acceptable so our charge back in punitive damages of £100.00 should be the standard charge the PPC has to pay the motorist if they wi their appeal.

Do you think a PPC can attempt to obtain money from you then when they don't follow the rules just walk away and charge the next mug.

As for suing, anyone can take out a case in a small claims court if they as we have, enough evidence to win.

If everyone who has won their appeals at POPLA did the same perhaps PPC would accept genuine appeals and not have systematic systems set up to reject every appeal.

I hope this answers your question.

 

 

Where have you got the idea that a POPLA decision is binding on the appellant?

[Karvindon]

I really don't understand where your coming from. Read my posting, I got charged by NGP , i appealed against the charge at POPLA , NGPM offered no defence, I won , I sent NGPM an invoice calling it a PCN ( Personal Costs Notice), they are refusing to pay, I am talking them to court to get a judge to order them to pay, what could be more simple to understand.

II was being charged £100.00 for an overstay of 7 minutes less what ever the grace time NGPM chose to deduct but didn't tell me what amount of time that was after refusing my appeal, a refusal stating after a grace period had been deducted ,if they had deducted say 5 minutes as a grace period in line with the BPA code wouldn't you appeal a charge of £100.00 for 2 minutes after spending money and many hours submitting an appeal ?

I would encourage every person that won at POPLA to do the same as me.i am also taking on the DVLA for leleasing my personal details " Without due course" as well as asking them why they released the details of well over 1000 people's details that have won there appeals at POPLA.

POPLA don't accept mitagating circumstances therefor all the wins at POPLA are for PPC breaching the BPA code or the law.

I have given you an explanation so I don't feel I have to explain anything else.

Regards,

Derek

[Cardiff Devil]

As a fellow Cardiffian I wish you good luck with this, but I don't think you'll get anywhere with the small claims court. Just as the PPC wouldn't be able to prove that a £100 parking charge is a genuine pre-estimate of loss, unfortunately it works both ways. Writing a soft letter of appeal to the PPC, then going online and submitting an appeal to POPLA hasn't cost you £100, and you won't be able to prove that it has. I suppose you could invoice them for paper, envelopes, stamps, plus your time spent dealing with this but again I don't think a judge would rule that a fair claim for £100.

[Karvindon]

Hi first of all how about £100.00 punitive damages at the same rate the BPA advises their members is a fair rate to charge foe a 7 minute overstay less what ever grace time the PPC cares to deduct for stress and pain.

Then add on to it roughly 10 hours at the minimum wage rate of £6.50 an hour for travelling and photographing signage, investigating and researching on the Internet, add to that milage cost, printing and postage and you will see you have a good case to bring to court.

Then send it to the PPC but copy in the BPA and the DVLA.

It's only by fighting back will motorists be able to get fair play.

Finally copy in you MP the Rt. Hon Kevin Brennan the Cardiff West MP asking him to intervene and you will see you have a very good case to go to court.

[ericsbrother]

Ok, courts do not award punitive damages, you can claim for damages-the loss you have suffered due to a civil tort (wrong done to you). As for costs, you accepted the ADR so that is the end of the matter as far as the law is concerned. You can invent all sorts of things but you will not get them in a defended claim so save your efforts and more importantly, your money.

It is something we would all like to do but you cant.

I once got arrested because someone accused me of committing a crime against the person (assault and robbery) I spent 6 months under police bail before it was decided that the entire thing was the figment of the imagination of the complainant, who suffered from dementia. Even though I was never charged and got an apology from the investigating officer I have a permanent black mark against my name as it will appear on an enhanced CRB check and will have been passed on to the US authorities so I will have to declare it if I wish to go on holiday to or via the US.

I got nothing in the way of compensation and cannot claim anything from anyone. there were costs involved as well but again, you dont get those back, it is the price for living under our lgal system and we have to accept it or lobby our law makers to change it. Whe n it comes to Parking co's we need to show the level of abuse suffered by the public to get a change in the law. That would be true compensation.

[Karvindon]

I guess we will just have to agree to disagree,

As there is a lot more to this case, more than Im at libity to,debbulge at present I feel to carry on with this discussion futile but I will publish the results of my endevor to bring at least one PPC to operate in a fair and honest if and when I do.

So thank you for your help and " Good Bye".

Take care,

Derek

[DragonFly1967]

Derek

 

With the best will in the world, I wish you the very best of luck, but I too feel that you're just going to be throwing money away.

 

However, if you do decide to press ahead, please use a spelling and grammar checker before you submit anything to the courts

[Karvindon]

Hi evidently by the speed of your reply and your snide remark, you are not the type of person I wish to communicate with.

Good bye.

Now you can check the spelling to you hearts content.

[BRIGADIER2JCS]

Hi evidently by the speed of your reply and your snide remark, you are not the type of person I wish to communicate with.

Good bye.

Now you can check the spelling to you hearts content.

 

 

That is an unfair comment in my opinion, there are mistakes which will make it hard for your submissions to be taken seriously.

 

 

I have to say I think you have little - No chance of success here for all the reasons others have already raised.

[DragonFly1967]

I wasn't trying to be snide at all. It was just advice that you can take or leave, it makes no difference to me.

 

And my apologies for replying too quickly.

 

 

As they say in the Den... I'm Out.

[SabreSheep]

Just like the way you defeat parking companies by asking them to show what the acutal loss was by not following their "ruloes" the same works against you in your claim.

 

You have to prove what you ACTUALLY lost

 

Anything above that is considered a PENALTY CHARGE

 

PENALTY CHARGES unless levied by a local authority or government department (Including the legal system) are UNLAWFUL

 

A JUDGE CANNOT uphold an unlawful charge.

 

That is the way the law works. Sorry Bud