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#Post#: 54128--------------------------------------------------
Re: Private residential parking - POFA 2012 claimed but not
compliant
DIR By: b789
Date: January 20, 2025, 3:21 am
---------------------------------------------------------
You have not shown us the appeal rejection letter. The IPC's
Independent Appeals Service (IAS) does not rely on a separate
appeal code like POPLA. If the rejection notice from the
operator did not provide information about escalating to the
IAS, this is a potential breach of the BPA/IPC Private Parking
Single Code of Practice (PPSCoP), which requires operators to
give appellants clear instructions on how to access the IAS.
Operators should direct appellants to the IAS via their
rejection notice, including a reference or case number. If this
information was omitted, the Registered Keeper (RK) should
challenge this.
Ignore the debt collection letter from BW Legal as it is not a
formal Letter of Claim (LoC). Debt collection letters themselves
carry no legal weight and cannot result in a claim or any
enforcement action.
The tenant's lease takes precedence over any private parking
scheme. The lease does not mention any requirement to display a
permit or comply with third-party parking management rules.
Parking is a right included in the lease under Clause 13.1, with
no mention of further conditions. Therefore, the parking
operator has no authority to override the lease agreement.
Send a formal complaint to the parking operator and request
clarification on why no information about the IAS was provided
after the initial appeal rejection. Why they have failed to
allow the RK to appeal further. Include a copy of the lease (if
possible) to demonstrate that the tenant has an unfettered right
to park without displaying a permit.
I suggest sending a formal letter of complaint to Parking and
Property Management Ltd as a PDF attached to an email. Make sure
you also CC in yourself.
--- Quote ---
> Parking and Property Management Ltd
> Ocean House
> 12th Floor
> The Ring
> Bracknell
> RG12 1AX
>
> By email: info@pandpmanagement.co.uk
>
> [Date]
>
> Subject: Formal Complaint Regarding Parking Charge [Reference
Number]
>
> Dear Sir/Madam,
>
> I am writing to formally complain about the handling of
Parking Charge Notice (PCN) [reference number], issued on [date]
for an alleged contravention on [date of contravention].
>
> 1. Procedural Failures
> I appealed this charge upon receiving the Notice to Keeper.
Despite your rejection of my appeal, you failed to provide me
with adequate information or instructions to escalate the matter
to the Independent Appeals Service (IAS), as required under the
BPA/IPC Private Parking Single Code of Practice (PPSCoP). This
omission denied me a fair opportunity to challenge the PCN
further and contravenes Section 8.4.6 of the PPSCoP, which
mandates that operators handle complaints fairly and
transparently.
>
> 2. Deficient Signage
> The signage at the location is inadequate and fails to comply
with Section 3 of the PPSCoP, which requires signage to be
clear, legible, and prominently positioned to form a valid
contract with drivers. Specifically:
>
> [indent]• The terms and conditions are not visible or legible
from a reasonable distance.
> • The entrance sign does not sufficiently alert drivers to the
parking restrictions.
> • The signage does not meet the required standard for clarity
or prominence.[/indent]
>
> 3. Lease Terms Supersede Permit Requirements
> The lease for the property clearly grants parking rights
without the need for a permit. The lease contains no requirement
to display a permit or comply with any private parking scheme,
making your enforcement actions invalid. Your parking scheme
cannot override the terms of the lease, as established in cases
such as Jopson v Homeguard (2016).
>
> 4. Lack of a Published Complaints Policy
> Your company does not have a publicly accessible complaints
policy, which is a breach of Section 11.1 of the PPSCoP. This
section explicitly requires operators to implement and publish a
clear and accessible complaints procedure. The absence of such a
policy demonstrates a lack of transparency and fairness,
contrary to the fundamental principles of the PPSCoP.
>
> 5. Unreasonable Escalation to Debt Collection
> Rather than addressing the procedural failings and
deficiencies in your processes, you have escalated the matter to
BW Legal who are acting as a debt collection agency. This action
also contravenes Section 11.1 of the PPSCoP, which requires that
operators consider complaints fully and fairly before resorting
to further enforcement action. Escalating to debt recovery
without resolving the substantive issues with this PCN is
unreasonable.
>
> Requested Resolution
> I request that you:
>
> [indent]• Cancel the parking charge immediately.
> • Provide written confirmation of the cancellation.[/indent]
>
> If this complaint is not resolved satisfactorily within 14
days, I will escalate the matter to the IPC, the landowner, and
other relevant authorities. I also reserve the right to raise
this issue with Trading Standards, as the lack of a complaints
procedure and your handling of this matter constitutes a breach
of consumer protection legislation.
>
> Yours faithfully,
>
> [Your Full Name]
> [Your Contact Information]
--- End Quote ---
#Post#: 64890--------------------------------------------------
Re: Private residential parking - POFA 2012 claimed but not
compliant
DIR By: FaeLLe
Date: March 30, 2025, 1:42 pm
---------------------------------------------------------
Thanks for the letter and apologies for the delay in response. A
few things happened in parallel.
BW LEGAL sent a pre action protocol:
HTML https://imgur.com/a/vom4pIX
The RK sent a letter to PPM Ltd as per your advice.
The appeal rejection letter which we didn't share previously can
be seen at:
HTML https://imgur.com/a/16VSOPt
While the rejection states IAS can be used they did not provide
an IAS appeal code. Am i right to think that shouks have been
included if we needed to appeal to IAS?
NEXT STEPS: How should we respond to BW LEGAL?
Should we write a simple allegations denied response and attach
a letter sent to PPM Ltd.
In the letter should we cease BW LEGAL to cease enforcement of
the invalid PCN and ask them to consider the procedural
irregularities in parking enforcement followed by their client
in the attached letter?
#Post#: 64938--------------------------------------------------
Re: Private residential parking - POFA 2012 claimed but not
compliant
DIR By: b789
Date: March 31, 2025, 5:24 am
---------------------------------------------------------
Was the formal complaint sent to PPM? What was their response?
Does the Keeper have any contemporaneous photos of that entrance
sign either obscured by foliage or in the damaged condition as
shown in other photos?
Respond to BW Legal LoC with the following:
--- Quote ---
> Dear Sirs,
>
> Re: Letter of Claim dated 24th March 2025
>
> I refer to your Letter of Claim.
>
> I confirm that my address for service at this time is as
follows, and I request that any outdated address be erased from
your records to ensure compliance with data protection
obligations:
>
> [YOUR ADDRESS]
>
> Please note that the alleged debt is disputed, and any court
proceedings will be robustly defended.
>
> I note that the sum claimed has been increased by an excessive
and unjustifiable amount, which appears contrary to the
principles established by the Government, who described such
practices as “extorting money from motorists.” Please refrain
from sending boilerplate responses or justifications regarding
this issue.
>
> Under the Pre-Action Protocol for Debt Claims, I require
specific answers to the following questions:
>
> [indent]1. Does the additional £120 represent what you
describe as a “Debt Recovery” fee? If so, is this figure net of
or inclusive of VAT? If inclusive, I trust you will explain why
I, as the alleged debtor, am being asked to cover your client’s
VAT liability.
>
> 2. Regarding the principal sum of the alleged Parking Charge
Notices (PCNs): Is this being claimed as damages for breach of
contract, or will it be pleaded as consideration for a purported
parking contract?[/indent]
>
> I would caution you against simply dismissing these questions
with vague or boilerplate responses, as I am fully aware of the
implications. By claiming that PCNs are exempt from VAT while
simultaneously inflating the debt recovery element, your client
– with your assistance – appears to be evading VAT obligations
due to HMRC. Such mendacious conduct raises serious questions
about the legality and ethics of your practices.
>
> I strongly advise your client to cease and desist. Should this
matter proceed to court, you can be assured that these issues
will be brought to the court’s attention, alongside a robust
defence and potentially a counterclaim for unreasonable conduct.
>
> Yours faithfully,
>
> 
[YOUR NAME]
--- End Quote ---
#Post#: 64948--------------------------------------------------
Re: Private residential parking - POFA 2012 claimed but not
compliant
DIR By: H C Andersen
Date: March 31, 2025, 6:23 am
---------------------------------------------------------
OP, where's the RK's first 'appeal', we need to know what's
already been conceded.
RED X marks the entry and exit of the private parking area
Sorry, but hardly useful because GSV suggests these are
entrances and exits. As you want to draw attention to a broken
sign then we need to know its relevance and which entrance(s)
were actually used?
As regards where the RK is - providing that they have not
conceded who was driving on each* occasion- this suffices IMO:
I have noted the contents of your refusal to cancel the Notice
to Keeper and will advise the driver accordingly. This concludes
my involvement in this matter as you are not claiming to have
the prospective right to pursue me for any unpaid parking
charges.
#Post#: 64990--------------------------------------------------
Re: Private residential parking - POFA 2012 claimed but not
compliant
DIR By: FaeLLe
Date: March 31, 2025, 10:14 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> OP, where's the RK's first 'appeal', we need to know what's
already been conceded.
>
>
> RED X marks the entry and exit of the private parking area
>
> Sorry, but hardly useful because GSV suggests these are
entrances and exits. As you want to draw attention to a broken
sign then we need to know its relevance and which entrance(s)
were actually used?
>
--- End Quote ---
There is an entrance and sxit possible from both ends of the
offstreet parking but the driver took the same entry and exit.
Please let me know if I understood the query correctly.
[quote author=H C Andersen link=topic=4048.msg64948#msg64948
date=1743420207]
As regards where the RK is - providing that they have not
conceded who was driving on each* occasion- this suffices IMO:
I have noted the contents of your refusal to cancel the Notice
to Keeper and will advise the driver accordingly. This concludes
my involvement in this matter as you are not claiming to have
the prospective right to pursue me for any unpaid parking
charges.
First appeal sent to them before they spoke to me (this is the
same correspondence date quoted in the PCN APPEAL REJECTION) :
HTML https://i.imgur.com/bcYwMX4.jpeg
Response rejection (the attachment rejection uploaded previously
is from the same date):
HTML https://i.imgur.com/bTGe8Rg.jpeg
#Post#: 64994--------------------------------------------------
Re: Private residential parking - POFA 2012 claimed but not
compliant
DIR By: FaeLLe
Date: March 31, 2025, 10:27 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Was the formal complaint sent to PPM? What was their response?
Does the Keeper have any contemporaneous photos of that entrance
sign either obscured by foliage or in the damaged condition as
shown in other photos?
>
--- End Quote ---
No response from PPM yet.
They have evidence of pictures as shown here along with an
independent witness a neighbour who will certify that the signs
have been in these manner prior to PCN having been issued.
HTML https://imgur.com/a/A9sUkFg
Does this change anything? My previous post above also shows
their initial appeal.
#Post#: 64997--------------------------------------------------
Re: Private residential parking - POFA 2012 claimed but not
compliant
DIR By: b789
Date: March 31, 2025, 10:35 am
---------------------------------------------------------
There's your fatal mistake where you admitted being the driver:
HTML https://i.imgur.com/l0at4ny.png
#Post#: 65004--------------------------------------------------
Re: Private residential parking - POFA 2012 claimed but not
compliant
DIR By: FaeLLe
Date: March 31, 2025, 11:06 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> There's your fatal mistake where you admitted being the
driver:
>
>
HTML https://i.imgur.com/l0at4ny.png
>
--- End Quote ---
This is a neighbour I am helping out. They just filled in the
form generically and did not consult me till the form was
completed.
Is there any recovery?
#Post#: 65006--------------------------------------------------
Re: Private residential parking - POFA 2012 claimed but not
compliant
DIR By: b789
Date: March 31, 2025, 11:11 am
---------------------------------------------------------
It's not fatal but blows all the PoFA elements of no Keeper
liability out the window. Until an N1SDT Claim Form arrives, not
much else to do for now.
As far as I could see and I stand to be corrected, but there did
not appear to be anything in the tenancy agreement that allows a
third party to override the supremacy of contract.
#Post#: 65009--------------------------------------------------
Re: Private residential parking - POFA 2012 claimed but not
compliant
DIR By: FaeLLe
Date: March 31, 2025, 11:28 am
---------------------------------------------------------
Should the RK still write to BW LEGAL as per your suggestion
above (querying charges).
There is a clause such as the below,
[Quote]15 Head Lease 15.1 To comply with the obligations of the
Head Lease.
[/quote]
This is the only thing about parking in the tenancy contract.
HTML https://i.imgur.com/OU7HMZ5.jpeg
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