Hi Folks

I need to respond urgently, because in my haste I saw 28days, but it says I must respond within 14 days to keep discounted rate.

My son was moving into his new flat, two people came to help, one with his furniture in a van and the other with the trolley wheels in his car. They both drove into the car park which is for residents only and parked, they looked for somewhere to pay, one being foreign tried to buy a ticket from the electric car charging point! He saw a chap in a high viz jacket and asked if he was the car park attendant, because he wanted to buy a ticket or have permission to park to unload. He replied he was not he was working on the fire regulations, but if he just put a note in his windscreen he was sure the unloading would be okay? However, they could not get out if they wanted to because a large lorry was delivering and had parked in the entrance.

Anyway, they did a relay, one with wheels to the door of the new block and one on the inside going up in the lift. In the time it took to get to the door and back a ticket had been issued. The chap saw a man walking out of the car park, he called to him and asked if he worked for the car park, he said no I work for a private company and kept walking. He asked if he had just issued his ticket, he replied he didn't want any trouble and kept walking, the chap said didn't you see the note in my window, he came back and took a photo of the note and walked away. He shot off to tell my son, because the van had not been given a ticket, by the time he got back down in the lift the van had a ticket too.

The man who gave out the ticket must have been hiding in the wings ready to pounce when nobody was there, he was wearing a shirt and trousers looking like he was an office worker and had no ID, gadget or anything on him to indicate that he was a parking attendant.

My question is this, is this likely to be a successful appeal as it appears from what I have read that things are becoming more difficult as time goes by? Surely somebody is allowed to move into their home without getting a ticket?

Any thoughts gratefully received.

Wheels

What a shame, but thank you for the thought.

And does the foreign friend have a foreign address that he uses?

Thank you, but no, he is fully registered here in the uk.

But he has access to a serviceable non UK address, by servicable it means if post was to arrive at that address he would be informed.

Sure, most people either have one or could get one (I'm sure a cottage/cabin/chalet/mökki/suvila/stuga/hytte/Hütte/chalupa/дача industry would develop to service such a need), but if the vehicle is UK-registered won't the DVLA provide the UK address anyway?

--Churchmouse

This is very possibly a case where a sound defence can be built on residential issues and the parking operator's failure to mitigate.

We need to see the tenancy agreement.

Yes I believe so?




I have asked to see this, I was told it was 30 pages long. Is it sufficient to try to copy any parking related clauses?

As long as you know what you're looking for. As well as the obvious, look for clauses about the ability of the MA to vary conditions, and introduce schemes, to be beneficial to the smooth running of the estate and residents - or words of similar (weasel/ambiguous) effect.

This is what I thought, his car is uk registered here at his home address?




My quote/reply is not working, so I'm trying here:
I will try to read through tenancy to see what I can find. Thank you.

No, more is involved than looking for clauses containing words with the stem “park...”.

In addition to looking for excerpts about how the tenancy can be amended, you also need to search for what payments are due under the agreement.

Another clause to seek is one concerned with third party rights.

Lengthy documents can be uploaded to another site with a link posted here. Tenancy agreements and leases of well over 30 pages are often made available in this way.


This post has been edited by Eljayjay: Wed, 12 Sep 2018 - 21:22

I will try this, I have used one before for here, but I can't remember the name of the site & I had access to a pc at the time, which I don't at the moment, only an iPad, which as I recall was more difficult, but I'm give it a go.
Thank you all for your input, I will try to keep up.
W

A controversial comment:

The question of the lease provisions is complicating matters. Given that neither RK is the tenant, as I understand it, we need to concentrate on PoFA and POPLA.

Has each RK sent the letter I drafted in post #11?

At the ready thank you Cabbyman, but you said don't send till 21/22 day? It was issued on the 31Aug, I was panicking about the 14 days etc, but you reassured me, so waiting for the day.
W

OK. That's fine.

Hi CM

Is it too cheeky to send the two same letters in one envelop?
W

Treat them as totally separate cases - two envelopes. It will get confusing otherwise.

Letters sent today, fingers crossed!
W

First class, free proof of posting from the Post Office?

Yes


UPDATE

Both ticket appeals have been rejected, exactly the same letter, complete with the name spelling mistakes. What should I do now please?

Did they provide 2 separate POPLA verification codes? If so, use those, developing your POPLA draft appeal, then post them here for critique.

If the codes weren't provided, you send a formal complaint to Steve Clark of the BPA.

steve.c@britishparking.co.uk