SouthLondon
Tue, 20 Jan 2015 - 22:34
Hi,
I just received an email from POPLA saying that my appeal had been refused due to 'Mitigating circumstances' and I just wanted to check what other people's expereince with P4Parking has been and if I should pay the fine or wait for them to take me to court as I believe I have a valid case?
I got a PCN from P4Parking on 25/10/14 at 19.56. That afternoon I went to view a car and I liked it so much I decided to buy it then and there after the test drive and also as the dealership was outside London to save me from having to make another trip there to pick it up. I bought my flat and 1 parking space and I was given a specific parking space (No. 25) and soon after I got my flat keys in March 2013 I enquired at the Concierge Desk whether I could get my Parking Permit and I was told that I needed to have the Car Reg. No, so I said I would do it when I got my car.
The paperwork at the dealership to get the car took a lot longer than expected and there was also traffic M1, so I didn’t get back home until around 7.30pm and as the Concierge Desk closes at 7pm I was not able to get my Parking Permit and the P4Parking office was also closed as they are open only Mon-Fri from 9.00 – 17.00. And according to the time that the PCN was issued I can only say that the Parking Warden who issued the PCN must have seen me drive into the car park and park the car or at least seen me leave the car as I went to up to my flat around 19.50, so if he/she had spoken to me I would have explained the situation.
I think that the PCN should be cancelled because:
• Both the Concierge Desk and the P4Parking were closed by the time I got home, so it was not possible for me to either get my Parking Permit or speak to someone at P4Parking to get some advice – what else could I have done other than wait to sort it all out the following day?
• I have already paid a lot of money for the parking space when I bought my flat, so it seems unfair that I should have to pay again for parking my car in my parking space on the 1st day I bought it – where else could I have parked it?
After I got the PCN I tried calling P4Parking over a period of several days and was in a put in a queue for about 1-hour each time until I gave up and hanged-up without speaking to anyone even once.
Any advice would be greatly appreiciated - should I pay the £100 fine or wait for P4Parking to take me to court for non-payment?
Thanks
ostell
Tue, 20 Jan 2015 - 22:45
So you bought your flat and you also bought your parking space. No doubt the deeds show this.
P4Parking therefore do not have a contract with the owner of the land (you) and therefore you can charge them for trespass on your property. It has been done, search the forum.
Write to the PPC pointing out that they do not have a contract to operate on your parking space and therefore to desist from contacting you further.
If you read other POPLA appeals on the forum you will realise what you should have put in the appeal and mitigating circumstances do not work. Too late now I know,
Wait till others add their comments.
Gan
Tue, 20 Jan 2015 - 22:55
POPLA does not accept mitigating circumstances
If you had said that P4Parking made no loss, you would have won
The chances that P4P will take you to court are next to zero
You could therefore go on the offensive
Dear Sir
Ref ****
I note that POPLA rejected my appeal
It has been brought to my attention however that I do not, in fact, owe you any payment
You do not have the legal capacity to offer parking
As the owner of the parking space, I do not require the consent of any third party contractor to use my own property
I have caused you no loss whatsoever and your charge is clearly a penalty
I will not therefore make the payment you have demanded unless ordered by a court
Furthermore, I reject any permit scheme and a permit will no longer be displayed
I also revoke any implied permission for employees or agents of P4Parking Ltd to enter my parking space or touch my vehicle
I will regard it as trespass and tortious interference with the quiet enjoyment of my property
If it continues, I reserve the right to take legal action to protect my rights including, if necessary an injunction and claim for damages
Yours Faithfully
Copy : Management Company
Get receipts from the Post office when you send the letters
When you start costing them £27 every time at POPLA when you appeal properly, they'll soon get the message
Jlc
Tue, 20 Jan 2015 - 22:57
They aren't currently litigious - I wouldn't pay unless they gain a judgment... But check the lease details etc. as there might be some mileage there...
EDIT: I see Gan has given the full monty...
SouthLondon
Thu, 22 Jan 2015 - 20:35
Thank you all for your advice - I should have checked here before appealing to POPLA
I have emailed P4Parking the letter and wait to see what their response will be.
Thanks again and I will let you know what happens.
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