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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • 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. 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ECP ANPR PCN - Ravenside Chesterfield - now DRP Demand - Request Docs or Ignore?


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standard drivel from a cmpany thta has nothing to do with anything.

 

As you have moved house you will need to engage with ECP ( not these muppets) and as for a copy of all of the data they hold on you as a SAR and point out that they may be processing incorrect or out of date data so they should ensure that whne they have sent everything you will inform the of any corrections that are needed.

 

You can then see what they have supposedly sent to you at any address and whilst you are waiting for this write to the DVLA and ask them who has accessed your personal data and when and for what purpose. The DVLA will probably send you a stock reply about reasonable belief rather than saying who and when so if they do you write again  and demand the same info but also head the letter COMPLAINT and send a copy to whoever deals with complaints ( google them) so it is recored that you arent going to be mugged off.

 

Once you ahve the DVLA access dats you will know whether ECP were likely to be in tiem with their KADOE requesta dn thus whether they should have accessed it at all and what address they were given for you.

 

 

The SAR will give them notice that you arnt at the other address and any attempt to correspond with you there will get them into trouble shoudl you so desire it

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  • dx100uk changed the title to ECP ANPR PCN - Ravenside Chesterfield - now DRP Demand - Request Docs or Ignore?

when you went back to the site did you not think to take some photographs of the entrance to the land from the public highway, the signage visible at the entrance and any other signage that is within the land covered by the unilateral contract?

This info is needed in every case and  we make it clear that we need it so you had better to start reading a lot more threads and other background information such as reading the POFA to see if their NTK is compliant to create a keeper liability.

now if you are not personally involved in this fight then please say what is your interest as playing chinese whispers slows things down enormously and means things get lost in translation so it is better thet the person who will be dealing with this is clued up on everything

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understnad this, we like beating private parking co's because the majority of the cases we see here they have no right to demand a penny and they deserve a good thrahing.

the big thing is we arent the ones who have to stand up in court and even if you end up with that task it will be only as an advisor to the person who got the demand so if they arent clued up on what is what it doesnt matter how brilliant we or you are they still have to perform.

Not all cases where the pwerson refuses to play their game go to court but the parking co's kniow that 85% of any claims they issue will get paid so their lack of success with the other 15% is small beer financially and they would rather lie and bully the others into paying and risk a few losses than to admit they dont actually have a claim against anyone to begin with.

Stick with it if the person you are helping wants to continue, if they dont then there is nothing anyone can do to force them.

We dont feel like we have had our time wasted, on the contrary it is your time that has been wasted if you decide to give up and the person you are helping still wants to continueand that is why I say read more so you dotn have to keep going back to places to get more information. it may never be needed but better to have it and not need it than need it but not have it.

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