CPM Private Parking Ticket where I am the Leasholder!

[blankwall]

I received the NTK, should I be posting that up here? It might put you on until the pictures of the signs!

[Oddfellow]

Yep ... redacted of all personal info, reg numbers and PCN reference numbers, but need dates and locations. Upload as a PDF

[DragonFly1967]

I received the NTK, should I be posting that up here? It might put you on until the pictures of the signs!

 

Please do, but make sure that you redact/cover any personal or identifying information.

 

Name, address, vehicle index, PCN numbers, reference numbers, bar codes or QR codes.

[blankwall]

Here we go...

[DragonFly1967]

You may want to edit that and remove the bar code at the bottom

[ericsbrother]

Interesting, they forgot to say who the creditor is so obviously not them. OK, I admit being the creditor so you can pay me and that will satisfy the notice you received. The last line is open to considerable debate, if they are agents that means they have no rights to do or claim anything in their own name so again, yo can pay me as I am also an agent of the landowner with as much right to the money as they appear to have by their own admissions.

[blankwall]

I can't see how to delete / edit the post?

Hmmmm.

[ericsbrother]

Wow, that was a quick payment, please print off the last 2 posts as proof of payment and receipt and send it to: W. Hopeless and J. Dodgy , C/O Gladstones solicitors, the large victorian building, Wormwood Scrubs Common.

In all seriousness you would think that these so called professional parking companies when advised by a firm of solicitors that also run the IPC could actually get the wording of a short letter right. The POFA actually tells them the exact wording to use as a key phrase so all they had to do was cut it out (no pointed scissors, we dont want any accidents) and colour it in.

[Mr.P]

I can't see how to delete / edit the post?

Hmmmm.

 

You have about ten minutes to edit a post. After that time, you need to use the Report Post button.

[dx100uk]

please post it up as a PDF

follow the upload

 

 

dx

[blankwall]

Thanks for the help on that one.

 

Here is another go:

ntk_master.pdf

[ericsbrother]

nope, it hasnt suddenly become a proper NTK creating keeper liability under the POFA.

 

However as they are IAS members the law doesnt apply to them according to Will Hurley.

 

Knowing there is no keeper liability doesnt really help you as it is your car parked outside your house so it would be a fair assumption that you have put it there at least once.

 

Your rights as a tenant under the freehold are a better argument.

 

When you have a little more ammunition regarding other matters such as the signage and planning permission

( most councils are too lazy or busy to enforce the law so you will have to firstly enquire and then kick up a fuss over this)

you can respond to their demand.

 

They may not take any notice of you and resport to getting the IPC/Gladstones to issue proceedings but by then you will have created a paper trail that will show their unreasonable behaviour.

[silverfox1961]

Blankwall, I'm sorry but I have unapproved the attachment. As I scrolled down the page, the black boxes vanished for a micro second allowing me to see the personal details.

 

Once sorted, I will delete the attachment for you.

[blankwall]

Here, finally, are the images of the car park and signs.

Hopefully they make sense.

way in.pdf

from street.pdf

in car park.pdf

standing sign.pdf

[ericsbrother]

the visibility of the signs is poor,

you cant see them on entry to the land

and they are poorly placed and not illuminated.

 

That would mean for a casual visitor no contract offer is clearly made so probably a win in court.

 

You, however, live there so your argument is about the right of the management co to allow a third party to be making contracts with you, the leaseholder.

 

They arent going to show you the contract voluntarily so it may well have to go to the wire.

 

Follow up the planning permission angle first so you have a second string to your bow.

[blankwall]

You think that the NTK doesn't say who the creditor is so it could well be the Management Company or the PCM rather than the freeholder?

[ericsbrother]

the point is it doesnt say it is them so dont be guessing. This means that they cant make a claim in their own name and they cant act on anyone else's behalf so they are stuck.

 

The reality is they are just too stupid to copy out a paragraph from the POFA and paste it into their letters. They obviously want you to pay them otherwise why would they send you the demand and not someone else?

 

You have to read more widely and then you will realise that the question isnt one that should be asked. We can help you but we cannot do everything for you so dont just rely in what is written in this thread but read a load more, read the POFA, read the Parking Pranksters blogspot, read other parking forums etc so you get to know some of the court cases that would apply to your circumstance.

 

Also read all of thecases in the PATAS case precedent files, the law regarding their decisions impinges upon private parking as the parking co's have to show that they follow a code of practice and where there is a precedent they shoul also use that. They often dont, especially IPC members because they are told by their offices that theynhave superpowers and the law of the land doesnt apply to their members. That is why they are more likely to go to court and get a good hiding for their trouble.

Edited April 5, 2017 by honeybee13
Paras.

[blankwall]

I received a letter back.

Obviously they have denied the appeal and my assertions of criminal wrongdoing and are worming around.

Is it worth chasing them with demand letters?

reply.pdf

[DragonFly1967]

While that reply is mostly meaningless, I will give them credit for actually replying to the issues that you raised and not just sending a generic response.

 

Appealing to the IAS isn't really worth a stamp, but on the other hand, it would show a court (if it get's that far (and with the IPC and Gladrags involved, it probably will)) that you've tried to engage with them and told them that they had/have no cause of action.

[ericsbrother]

appealing to the parking co will be enough to show that you havent just ignored them and made your points that they havent answered, or to be fairer to them, answered but still completely wrong in lawa nd hoping that you are convinced that they are right in their assertions.

 

They cant have an agreement with the landowner because that is YOU.

 

Dont bother appealing to the IAS, you have your papetr trail.

Edited May 17, 2017 by honeybee13
Paras.