OPS CCTV PCN - Fabrick Apartments, Cheadle Hulme, Stockport - already refused Appeal - parked in visitor bay whilst viewing an Apartment. **CANC'd by :Landowner**

[Buddyboo]

Just want to say thankyou for all that have posted with advice - it’s very much appreciated.

I’ve rung the letting agent to be told to contact the apartment block as there’s nothing they can do

- I asked for land owners number (no answer on that number) so left a message and number.

 

I will at some point on Friday go there photo the signage and enquire.

I’ll keep this post up to speed - fingers crossed!

 

It’s now the principle and not the money they want that is bothering me!

Thanks all again

[brassnecked]

As a matter of interes who was the estate agent?  Might be something in the signage where you parked  that shoots the PPC  in the foot. You could tell whoever is mAnaging the block, that when you conme to view a property with a view to renting, buying or leasing, you don't expect to be charged  £60 or whatever by a parking contractoe for the privilege of viewing it, and you are minded to post your experience on social media, and local press

.

[ericsbrother]

now you mention a concierge at the block- now this can be  a deciding matter because if the concierce gave you permission or even failed to tell you that you couldnt park then that creates a new contract between you and the landowner that overrides the one the landowner has with the parking co. If they didnt intend to create now conditions the man on the door should have told you " you cant park there mate" and that would have been that so even silence is permissive.

 

I would also bet that the wording of the signage is very limited as to creating contract and big on prohibition so we need to see pictures of the signs so we are able to confirm y suspicion that this demand has no legs whatsoever..

 

Adding my tuppence worth on the merits of using other sites or not

- The advice given  on different sites will often clash and that can cause problems whe trying to follow a procedure.

 

I feel we do pretty well here and follow a path that suits most cases and our general advice on not appealing is correct in most cases and definitely true in all cases involving the IPC. If you want to shop around that is your choice but stick with one forum when you decide to ask for help or you will get confused as to what to do and when.

 

Coupon-mad is an excellent  poster and is a good lay rep to boot but I find the rest of the forum where she posts is a bit slower on the uptake. Some of the facebook groups deal with POPLA appeals only and others try and get you to buy the services of their star posters to write for you when that shouldnt be necessary.

[Buddyboo]

The estate agent who managing the letting is Jullian Wadden but i do know Bridgfords are managing lets there too.

I wonder if they let views know about the parking beforehand? 

[ericsbrother]

doesnt matter, by the concierge not moving you on they agreed to vary the terms of the parking licence.

An estate agent showing you round is a disinterested third party and has no say in the matter.

 

You could argue that they should have forewarned the block manager that you were visiting but still no obligation or liability or any event on their part so forget about them.

 

If I were a taxi driver and you were my fare I couldnt tell the police that you told me to drive the wrong way down a one way street, you arent in control of anything

[brassnecked]

As there is a desk in the entrance with someone there ericsbrother's post above #28 is relevant, desk jockey at entrance not warning of the PPC invoicing viewees of properties is remiss and does alter the situation.

[Buddyboo]

There was a concierge he gave the keys to the agent

- he was watching us on cctv all the time

- I know this because on the way out he mentioned to the agent that he shouldn’t of let us walk around the community space and should just stood at the door and looked due to measurements they had in place for covid.

 

I've got pictures of all correspondence but it won’t let me attach them

[brassnecked]

Convert images to a single PDF then upl;oad, thats the way only Registered and logged in Caggers can view them, if uploaded directly as jpeg, everyone browsing can see, nit a good idea.

 

 

[Buddyboo]

 

Here..

docs1.pdf

[ericsbrother]

Ok , that means the concierge has mitigated your actions by allowing you to park.

He is a direct employee of the place so has the right to make such contracts or conversely tell you to get out.

 

OPS's contract is trumped by this direct offer of parking (or at least by not telling you that you cant or warning you that there are conditions attached to viewing the flat that will cost you £100.

 

Now to the NTK.

They rely on numberplate recognition and this is not by ANPR but by CCTV so the wording of the letter is critical and are the timings.

 

The wording of the law is a bit loose here and the parking bandits then abuse the process to get ther money faster and at less expense to themselves.

 

For my money the use of CCTV doesnt fit in with para 6 an 9 of the POFA but there is no legal case that has decided on this either way

 

They fail to say who the ultimate creditor is and that means that NO liability can be created, let alone a keeper liability so appealing has caused you problems because they will think that you have accepted that a contract has been formed.

 

They also say current UK address for the driver, this isnt what the law says, it says current servicable address and that can be anywhere in the EU plus a few other places so if you have a holiday home in Spain use that address for all future correspondence.

 

Zoopla googleview shows the block to eb derelict offices so capture that picture as well as your new shiny building ones.

This throws doubt on some claims about what was there at the time of a supposed breach and also how long a company has been managing a place

[brassnecked]

If they are silly the Lewes CC case where they were tolchocked by D J harvey could well come into play as part of any defence.  They would be very silly to try court.

[Buddyboo]

Managed to leave a message on landowners number - anyway they rang me  and I told them the Problem.

I’ve just received an email to say they have cancelled the parking charge. 

so many thanks to you all for taking the time to advise because until you guys responded I was just going to pay it to have it over with - glad I stood my ground with your advice.

 

Thank you Caggers

 

One happy lady here today xx
 

[brassnecked]

Brillianty, keep that email safe and print a hard copy, the PPC should tell you its dead, but keep that email, as its not unknown for a PPC to revive it 6 months or a year later.

[dx100uk]

well done CAG

 

please consider a donation to keep us here

 

dx

 

[FTMDave]

Well done on your victory! 

[ericsbrother]

yes, keep copy of communication as parking co's sometime forget they have been told to drop things or on some rare occasions refuse to do so becasue they have already cancelled a number of demands due to their cock-ups and now want soemone to pay for their inconvenience ( Parking Eye)

[Buddyboo]

I definitely will keep all correspondence Just incase they pop up again in 6-12 months time with Interest and extra charges. Thanks guys xx