iamgnome
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Hello, please see attached. Let me know if it needs to be clearer. Parking company is One Parking Solution. The location is Durrington, West Sussex. To answer lookinforinfo: This is not new, but it's the first time I received a PCN, since I moved here a while back. I'm pretty sure the MA has a dodgy relationship with the PPC i.e. getting backhand payments for every one of these fines. And yes, MA and board of Directors are likely crooked. This is openly accepted by the residents, but sadly, none of them know what to do. We're all share of freehold, so have more rights than typical leaseholders, but again, how do we change the management? Permit was on my windscreen but did notice it fell on to my passenger seat, when I went back to my car. The permit is an A4 sheet of paper that is printed out (yes, very professional), so easy to be knocked off by wind. No photos as far as I can tell. PCN 8-3-24.pdf
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For a windscreen ticket (Notice To Driver) please answer the following questions.... 1 The date of infringement? 8/3/24 2 Have you yet appealed to the parking company yet? [Y/N?] N If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide] Has there been a response? N/A Please AS A PDF FILE ONLY ..post it up as well, suitably redacted. - follow the upload guide] If you haven't appealed yet - .........DONT ! seek advice on your topic first. Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] NO What date is on it? N/A Did the NTK provide photographic evidence? N/A [scan up BOTH SIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] N/A 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] N/A 5 Who is the parking company? Can't say as it will doxx my location, but they are a small outfit. 6. Where exactly [Carpark name and town] did you park? Same as above. See OP, it was in my flat's parking bay. .............................
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That's correct dx, nothing more!
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Just an update on this. Turns out they did send a physical letter, but it had a completely different date to their online one. They also sent a chaser to their email, threatening to apply for CCJ. Have ignored the emails and replied to the physical letter. Will let you know what happens next...
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Hello all, thought I'd come to CAG for help with this. Just received a private PCN for £100 (£60 discount if paid in 14 days) for parking in the bays outside the flat where I live, without a permit. I own the flat, and it's a share of a freehold. In practice, this means I own a small share of the company that acts as the freeholder, so have responsibilities of freeholder and leaseholder. I also have the lease with covenants etc that I can share, once I figure out how to sanitise it. I'm not a managing director of the company but have applied and am successful; though the MA is taking their sweet time with officialising it. No one in the building has designated parking. However, there are informal parking bays. The residents use the parking bays on a 'first-come-first-served' basis. My lease only states the following regarding parking: 'No vehicles shall be parked within the grounds of the Property otherwise than in the garage forming part of the demised premises or in any other part of the Property previously approved in writing by the Landlord for that purpose' The MA has written the below: 'Parking restrictions apply & permits available from Managing Agent. Permits allow 1 hour parking in the Parking Bays with no return within one hour. There is a deposit of £10.00 refunded on return of permit.' A PPC issues PCNs to those who do not use permits. I do have a permit and had one for the day, so I was surprised that the PPC didn't see it. Most of us also don't have a garage. Likewise, we don't have time to faff around for an hour-long permit + deposit. Queries - As permits are not mentioned in the lease, is the PCNs enforceable? - Would I be acting lawfully in not paying the PCN i.e. does my lease have primacy? - I understand that there is a 'contract' between the PPC and their client. Does this contract include me? - What should I do next?? Thanks as always!!
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Cheers Andy, that makes perfect sense.
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I probably am haha. Thanks for clarifying DX.
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Alright DX, will do. Re 30 days, I thought that was the standard for these letters i.e. giving you 30 days to reply before court action?
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Thanks DX, will aim to do that asap. A thought that came to my mind. The letter they sent doesn't have a 30 day deadline and I received it by email. Is that against the rules or have I got it wrong?
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Thanks for reopening this old thread! I'm back with an update. Cabot's lawyers have sent me the below letter: We are instructed to start legal action within 26 days if we do not hear from you regarding your outstanding balance. We will obtain a CCJ if we do not hear from you. As mentioned, I'm certain that the debt is now SB'd. Likewise, I haven't paid anything to Cabot or admitted that the debt is mine. They MIGHT claim that I made a payment after the default. If you remember, I did an SAR with Cabot and they tried to bluff a phantom payment. So, I'll aim to fire off the SB letter and if it goes to court then I'll defend that a) it's definitely SB'd and if needed, b) any payment Cabot are claiming is false and can be proved by xyz. Does that sound about right? Thanks as always, for your help with this long running saga!
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Thanks guys very helpful. I'll assume I'm in the clear but will keep a SB letter handy. Donation coming your way, this site has been a godsend...!
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Thanks it's been over six years now since the default with no court proceedings. Guess this is the end of it?
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Thanks dx just wanted to let you know, the OD is completely off my credit record. Does that mean it's statute barred now?
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Understood, I'll start calculating the figure and let you know if the letter appears. Thanks again for your patience dx.
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thanks so much dx, that makes a lot of sense! Cabot is trying to get a sum that is still in dispute and if they tried to go to Court then they'd be chasing fees on top of the actual figure? Is that right? Sounds like a catch 22 for them lol.
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Sounds good dx though the debt isn't all unlawful fees. I initially thought it was because they mixed it up with credit card debt (which wasn't sold to Cabot, hence the £200 figure in my OP) but it turns out a lot of this debt is cash withdrawals. Surely the interest argument won't work anymore?
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Thanks dx this is going to take some time... But I'll get back once I've done it. What's the steps after that?
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Hi all - finally got the SAR. Looks like the statements from HSBC match up with Cabot's. There also seems to be credit card debt but it's not clear whether that was sold to them or not but the OD definitely was. What do you recommend going forwards? Also to add - there is no default notice letter but a few letters that refer to a default notice letter! What does that mean?
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Got it - that's actually helpful to know. Cheers dx.
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Don't they share info with each other? I always figured Cabot was under HSBC's control but do the things HSBC can't publicly be held liable for. Either way, have sent a chaser and ignored BPO. They are way over their 30 days at this stage. I'll take it to the ICO if they don't respond after this. Thanks again Dx.
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dx, all - sent on the signed request for SAR, nothing from HSBC yet... However Cabot have written to say they've now passed the account over to BPO Collections because we've "been unable to reach an agreement". Guess the SAR got them spooked? Either way, seems like it was a hot load of nothing if they're that willing to pass it off! What do you think???
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Sorry dx, just read it again. Will sign and send on! I'm just being cautious but will take more cafe when asking for help, thanks again
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Thanks dx, I haven't read all of em. I take it I don't send them the signature but ask if they can provide another way of verifying identity?
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finally, they got back to me. The letter is responding to my email. They say they'll provide everything but I need to give them a written signature. Does this sound ok? I know CAG are a bit wary of signing anything for these banks... Cheers!
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Alright I'll try again with the new address in a few days. Thanks again!
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