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Help needed - PCN issued to a resident
SaulGoodman
post Tue, 16 Oct 2018 - 21:22
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Hello all.

This is my first post on here and having spent weeks and weeks reading through the amazing information on this forum, the time has come for me to finally ask for some direct help. I'm sure my situation is similar in nature to others that have posted on here, so I apologise if this is already explained somewhere else.

I'll summarise my situation below:

Back at the start of the year I received three PCNs for 'Not Displaying a Permit' on my vehicle when it was temporarily parked outside my own home. I live in a flat, and the PPC have recently been instructed (within the last few years) to manage the area due to problems with locals using the area for parking at the local hospital.

I replied to the PPC on each occasion explaining I was a resident and asking them to cancel the PCN, but as predicted all of my appeals to them and the IAS have been rejected. I didn't hear anything from them for a while, until a few months ago when I started receiving letters from them and ZZPS requesting payment, with additional charges added. I've followed the usual advice of ignoring these as I know the DCAs are powerless.

I've read through my lease in detail and there is no mention whatsoever of permits nor any restrictions to park anywhere in the estate so I'm pretty confident I have a strong case, and I of course have explained about my rights to park as detailed in the lease, and quoted them the various case law related to similar events (Jopson, Pace, Saaed) but of course they don't want to know. I've even spoken to the landowner directly, who were very helpful, however even they haven't been able to get them to rescind their charges, so here we are.

I'm getting very hacked off with the constant mail and so now really want to take action against the PPC by issuing an LBC (and have drafted one ready), for tortious interference and DPA breaches, however I'm reluctant to actually send this as I'm not sure if it is worded the right way, and whether or not I'll actually have any success, or whether I'd be better off simply ignoring the DCA letters. From reading other threads, I know it is a good idea to send in a DPA claim after successfully defending a claim by the PPC, however I'm contemplating doing it before it gets to that point and having the upper hand.

If anyone would be willing to chip in with any feedback, suggestions or questions, anything is gratefully appreciated. If you need me to upload my draft LBC, please let me know the best way to do so and I will.

Thanks all!

This post has been edited by SaulGoodman: Sun, 21 Oct 2018 - 19:56
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post Tue, 16 Oct 2018 - 21:22
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bobthesod
post Mon, 12 Nov 2018 - 22:38
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Thanks for the clarification
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