ethical parking management - Contractual breach charge in my flats' car park

[Kentsi1]

I thought I should post what I was going to write on here to see if it's ok

 

 

I would appreciate any feedback

Many thanks

appeal.pdf

[dx100uk]

when you appeal state that you are the keeper and do not say "I" anything but use the third person so "the driver at the time" and "the keeper".

 

 

you need to rewrite your 1st sentence

 

 

try 'this is an appeal '

 

 

and

 

 

'affixed to the vehicle in question'

 

 

'in the car park of the above residence'

 

 

'appeal grounds are'

 

 

'enclosed are photographs.'

 

 

dx

[Kentsi1]

Ok thank you

[Kentsi1]

this is the appeal letter I will post their response when I get it.

 

Many thanks.

[ericsbrother]

that will do. They are unlikely to to accept the appeal but you then have the opportunity to waste their money appealing to their trade body. They may well just drop the matter when they have to prove they are not talking bull.

[Kentsi1]

Ok will wait to see their response

[Kentsi1]

Hello again, I received a letter from Ethical today rejecting my appeal and I would appreciate advice on what I should do now.

 

I have uploaded their letter but I didn't bother to up load the photos of my car they included.

 

Many thanks

ethical appeal rejection.pdf

[ericsbrother]

this isnt even a response to your appeal so that is a breach of their membership conditions.

Did they include the POPLA code?

If so then you should appeal to POPLA on the grounds that they dod not consider your appeal properly and merely issued a stock letter that failed to mention what it was you had supposedly done that was in breach of the conditions contracy to the BPA CoP about fair appeals.

 

 

secondly, you have supremacy of contract so they cannot force any contractual obligation to them on you and to this end you demand sight of the contract they have with the landownwer that entitles them to vary your lease and copy of that variation in your lease that mentions them specifically.

 

Lastly, the breach of condition they are claiming monies for doesnt exist in the signage that offers a contract to the public so no such breach can ever occur.

 

Regardless of the outcome of the appeal they will have to pay to have it heard and also have to provide evidence to POPLA to support their claim. The cost of doing so may dissuade them from continuing.

 

POPLA have a nasty habit of handing over your paperwork to the parking co to pick holes in but not the other way round, they just state that they have seen it.

 

 

Send POPLA a message saying you want to see their evidence bundle before the determination is made so you can rebut any parts you see as inaccurate and that you are minded to abtain all of the paperwork as a SAR or possible as a CPR 31.15 request as you consider that there has been a breach of the DPA in obtaining your details by the parking co when they knwo they have no right to.

Edited December 13, 2016 by dx100uk

[Kentsi1]

They said in the letter to click on the popla link on their website so I will do and I will use your argument that it was not a proper appeal

Thank you

[ericsbrother]

you use that as one of your points, I would put it first.

 

Type out here exactly waht you intend to send so we can advise on any possible alterations.

 

 

You will also need pictures of the signage and pictures of exactly where you parked to show that they are talking rot

[Kentsi1]

Would you be able to help me with what to put?

Sorry to be a nuisance

[Kentsi1]

I have to go to work now but I will come back on later

[Kentsi1]

Just a quick question before I go

 

Should I write to Ethical asking to see their contract with the landowner?

[ericsbrother]

NO, you ask for sight of it via POPLA. that often is enough to make then drop the matter cos they dont want everyone knowing they dont actually have any right to collect money from anyone

[Kentsi1]

I have looked up the popla appeals website and they say it is easiest to submit your appeal online so that is what I intend to do.

This is my first draft of what I was thinking of putting for my reasons of appeal

 

I am appealing this breach of contract charge on the following grounds,

 

1. The parking company failed to properly consider my appeal and instead just replied with a stock letter that did not mention what I was supposed to have donee address the points my appeal raised which is in breach of the conditions contracy to the BPA code on fair appeals.

 

2. I have supremacy of contract through my lease on the property so the parking company cannot force any contractual obligations to them onto me. And to this end I require sight of the contract they have with the landowner that entitles them to vary my lease and also a copy of that variation in my lease that that specifically mentions them.

 

3. No breach of contract occurred in respect of obstructive parking as this is not mentioned in the signage that offers a contract to someone parking, I enclose photos of the signage in question.

 

I would appreciate any comments on this

Many thanks

[silverfox1961]

There was an interesting case on the Parking Pranksters website and a transcript of a judgement. While it doesn't apply as yet to you, it gives a good idea of what Judges consider.

 

http://nebula.wsimg.com/d31f6731eeb7b4e07c7fc2f512f18abc?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

[Kentsi1]

Thank you I have read the judgement it's quite interesting

[dx100uk]

god and they call it a FINE too

that's crass for a court!

[silverfox1961]

god and they call it a FINE too

that's crass for a court!

I did notice that.

Perhaps the judge used it instead of 'Unenforceable Parking Charge pretending to have some legal authority'

[ericsbrother]

Ok, now go to the parking pranksters blog and note a couple of the cases where parking cos' have taken residents to court and lost. Quote the case numbers and say that the law is clear on this point regarding supremacy of contract

[Kentsi1]

Ok thanks

[ericsbrother]

judge merely read what the claimants (Link Parking had written in their paperwork so it appears that Link think they have the power to fine people.

I did notice that.

Perhaps the judge used it instead of 'Unenforceable Parking Charge pretending to have some legal authority'

[Kentsi1]

Just to say that submitted my popla appeal tonight using the grounds discussed before namely the lack of proper consideration by the parking company regarding my appeal and also the supremacy of contract and the lack of mention of obstructive parking in their signage.

 

Will post when I hear from them.

[ericsbrother]

did you submit images of the signage? If not send them. Some parking co's have a habit of sending made up signage and then claiming that this is what is at that particular site.

[Kentsi1]

Yes I did include images of the signage