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fighting back against the PPCs
It's time to fight back.
Following-on from my original Hub on what to do if you get a PCN from a PPC, this hub gives ideas on how to get your own back in the war on these modern day 'pirates'.
These 'scum' pray on the unsuspecting motorist & ticket them for over-staying their welcome.
One of the biggest 'players' in the field is 'Parking Eye', who, after employing Lisa Ledson, this bunch of scammers have been actively targeting Aldi customers with many being taken to Court.
Can you do anything to teach these companies a lesson ?. Well, the answer is 'yes'. You can use 2 really good means to inflict damage not only to the PPC, but to the land owner as well.
1. Check Planning Approval.
Easy one this. Contact your Council Planning Department to enquire as to what restrictions/covenants were placed on the land as part of the original Planning Permission. Chances are, the carpark will have a restriction stating that it has to allow free parking.
A swift complaint to the same P/D regarding a breach of planning permission might just be enough to kick the Council into action to enforce the landowner to remove the signage and dismiss the PPC.
2. Rateable value.
ALL business premises have a rateable value based on income and size. To qualify for zero business rate value, a carpark needs to generate no income. In other words, it needs to be free.
By insisting that there is a charge for staying beyond a certain limit, the carpark owner has indicated that there is the possibility of an income and as such, should therefore notify the Rates dept. of the change of circumstances.
Of course, this will cost them money, so they will say nothing. YOU however, can simply contact the Council Rates dept. on their 'behalf'. When confronted with the possibility of a back-dated Business Rates demand, it is amazing just how quickly a landowner removes a PPC from their land.
Comments
Many thanks.
Very helpful.
It's really complicated.
Apparently they may be able to recover if they have a direct right to do so from the landowner.
The VAT case got reversed on appeal at the Court of Appeal.
Have got copy papers from PE relating to cases and costs that they say proves how reasonable they all are !
I don't have the technology or know how to send them to you elecronically as they are in paper format.
AuthorYour friend needs to visit the motoring forum on 'Moneysavingexpert.com'. They have a 100% record at beating Parking Eye in Court.
If your friend decides to go it alone and defend the trumped-up costs that Parking Eye will be claiming, then s/he need to remember to ask the Judge to ask the Plaintiffs if any person on their Court team are either solicitors or lawyers either employed directly or indirectly by either Parking Eye, the landowner or any Agent working on behalf of them.
If Parking eye do have a proper legal person on their team, s/he will be asked to leave & their evidence will not permitted.
Another thing to ask for is proof of actual loss and also how Parking Eye have come to calculate their charge.
Your friend needs to know that a PPC cannot include business costs such as phone bill, vehicle running costs etc. in said charge.
What the likes of Parking Eye fail to understand is that even though they think they are in the right, only the landowner can actually enter into a contract with a land user. A 3rd-party company such as Parking Eye do not in Law, have the authority to act on behalf of the landowner and thus, cannot enforce the charge.
Great Stuff.
Friend in Court with ParkingEye.
Any more info of help please ?
Where is there a full list of relevant court cases reported and unreported?
All theyt produce is stuff that supposedly supports their case 100%
Many Thanks