CPM Penalty Ticket Assistance Required

hairray · 21 April 2017 at 10:01AM

Yes, I believe the representative from the builder may have just completely ignored the letter composed by Coupon Mad and just followed the same direction as the previous representative.

Would it be an idea to ask if they the representative can highlight where on the lease it requires me to display a permit?

Coupon-mad · 21 April 2017 at 7:20PM

hairray wrote: »

- At no point were car parking issues raised or discussed at any point during out home introduction. They just pointed our space out to us (and it happened to be the wrong space).

- I didn't receive a permit, nor did Countryside ever mention the need to display one (other than the sign erected)

- I couldn't park in my space for weeks as someone else was parked in my designated space where no one knew where to park, this was raised by the managing agents 1 month into our occupation.

I would reply in a similar assertive style to last time, telling them all of the above and asking where in the lease the £100 charge is noted?

hairray · 26 April 2017 at 12:38PM

Hey everyone,

As per coupons suggestion I have reported CPM to the ICO.

In the meantime I have tried dealing with it with the builder.

I sent this email in response to the previous email.

Dear CEO,

I recently contacted you regarding a catalog of concerns to which your colleague head of customer service has kindly addressed however I still find myself struggling to resolve this issue with Countryside.

My primary reasons for pursuing this further are:

- I was not at any point informed on the home tour of the need to display a permit. I was informed of a parking space that could be mine, which it later transpired that it was not. This was the only issue discussed during the home tour in relation to parking.

- I'm struggling to find on the lease where it specifies that I am required to display a permit, please could you clarify the clause that relates to this? I have previously raised this with Manager and he has not responded nor has Head of customer service .

- I could not display a permit as I didn't have one, upon receiving the fine I had to request permits twice.

- My letter box currently lets water in, I raised this with ADVISOR and shared imagery of our post unreadable after water damage. This issue hasn't been resolved but does provide an alternate theory as to why I was not aware of any need to display a permit.

I am now being pursued by a debt collection agency instructed by CPM. This is causing me significant distress and I wish to resolve this issue with Countryside amicably.

As previously requested, I would appreciate if you could highlight the clause relating to the need to display a permit, as both myself and advisor cannot find it within the signed documents.

I look forward to your response.

Kindest Regards,

I revived this back today:

[Dear Mr ,

I am writing in response to your email dated 21st April addressed to CEO to which I am responding on his behalf.

I note your comments in relation to not being informed about the parking restrictions. Please see attached letter from UK Car Park Management Ltd which was sent to all residents on the 10th October 2016. This letter contained the parking permits for Kings Park residents. I am sorry to hear you did not receive this and would advise you to contact UK Car Park Management directly to advise them that you have requested permits twice to no avail. With this in mind, I would hope they would look favourably on your request to rescind the charge.

Unfortunately, Countryside are unable to progress this issue any further for you.

Regarding the letter boxes, these are now on site and will be installed within the next two weeks. Manager will be writing to all residents shortly to advise of an installation date.

Kind regards,/QUOTE]

I'm thinking of responding the following:

Dear Head of Customer service,

Thank you for your email.

I have tried to co operate with your instructed agent since receiving the ticket, which as you can tell was the first indication I was given that I needed to display a ticket. Appealing to them, Countryside and their 'independent' appeals service has failed me.

I'm sure like me, you're growing tired of this. However my data has been mishandled, specifically your agent has ignored a section 10 notice to cease processing my data and handed my details to a debt collection agency. Please put yourself in my shoes, I have followed the lease, I have my parked in my designated space and have received a penalty charge for doing so. Where is that right?

I have since submitted a complaint to the ICO regarding the mishandling of my data. You should be aware that Countryside is also liable for this breach in data protection.

Before I take this further, please outline the terms within the lease that state:

- I am to display a permit when parking in my demised space

- When failing to display a permit, I will be invoiced £100 for parking.

If like me, you can't find these terms within the lease, I advise you contact CPM and have the penalty charge removed. I will no longer tolerate the lack response and accountbility from Countryside.

I am also willing to accept that the invoice and further charges from CPM and their debt collection agency form part of my yearly ground rent, as I can see no other reason for CPM to charge me as per the terms of the lease. Am I to pay them, and receive an adjustment to my ground rent in 2016?

I await your response.

Kindest Regards

hairray · 27 April 2017 at 9:37AM

Also received my second letter from DRP - notice of intended court action. If I haven't made payments they'll pass the file back to CPM with recommendation to take court action. Various other threats listed.

Do I respond to them at this stage?

hairray · 2 May 2017 at 2:08PM

Hey everyone,

Update this week, I sent the email I proposed sending above to the landowner. They've said they're taking it to their legal department.

I've really appreciated the support of you guys, although didn't hear since the last time. Is it ok if I update you? Coupon you've been a great advisor and have put my mind at rest a few times.

Just hope I don't have to pay for parking in my own space

.

The_Deep · 2 May 2017 at 2:51PM

Just hope I don't have to pay for parking in my own space .

The only person who could require that is a judge, and given the circumstances, that seems very unlikely. You are in a position here to cause the PPC a great deal of inconvenience, bu you need to be robust, you need to built up a fund of righteous indignation, which I have not, so far, detected in this thread.

hairray · 5 May 2017 at 6:30PM

Hi everyone,

Id appreciate some more advice. I received this response today:

I am sorry you are still experiencing issues here. I take it you now hold a valid permit?

On the subject of using your data, the agent advises that the relevant information was legitimately collected by the Debt Recovery Team through the DVLA. No information was passed from the land owner.

As to the action taken by the agent, clause 2.9 of your lease provides that the Landlord and the Management Company shall have the right to impose and amend reasonable regulations regarding the use and enjoyment of properties in the Block or on the Estate and/or the Amenity Areas from time to time. In order to regulate parking at this development by third parties (in view of its proximity to the railway station), it was thought to be in the interests of all residents that we issue parking permits to residents and instruct agents to patrol parking areas.

I understand signs have been installed in the car park areas, setting out the rules to be complied with when parking a car on the development.

I trust this clarifies the situation and hope that you get some resolution from CPM.

I believe this response was from Countrysides legal department, this representative knew that I now have a permit after having to request one twice.

I have no idea what to respond, I have a feeling a invoice for parking in my space is not a reasonable charge and the thing that's meant to protect me against people using my space has been used against me.

As previous contributors to this thread know, I served a section 10 notice for CPM to cease processing my data. To which they ignored, 21 days passed and they shared my data to a debt collection agency.

I'd really appreciate if someone could help me compose a response, as I said this is from the builders legal team and I am concerned I'm going to write the wrong thing and miss my chance to get rid of this ticket.

Thank you in advance to anyone able to help.

hairray · 8 May 2017 at 12:06PM

Is anyone able to advise whether the fact the clause they have stated above is reasonable or if it affects my position in disputing the invoice?

hairray · 8 May 2017 at 12:14PM

Hey coupon,

I've received an email from the landowner to which I am struggling to compose a response.

The landowner has now used a legal team to respond, they just seem to want to dismiss it and I believe the information they provided is not actually true, such as, CPM obtaining my details legally. I've placed the response in the thread.

I would appreciate your time.

Kindest Regards.

safarmuk · 8 May 2017 at 12:50PM

On the subject of using your data, the agent advises that the relevant information was legitimately collected by the Debt Recovery Team through the DVLA. No information was passed from the land owner.

The landowner is saying that DRP requested your data from the DVLA. Others will confirm this but that seems highly dubious, only CPM should have got your RK data from the DVLA and passed it on to DRP to chase you for the "debt". To me that response does not look like it is from a legal team. The landowner has likely spoken to CPM and has been incorrectly advised or misunderstood what CPM told them.

As to the action taken by the agent, clause 2.9 of your lease provides that the Landlord and the Management Company shall have the right to impose and amend reasonable regulations regarding the use and enjoyment of properties in the Block or on the Estate and/or the Amenity Areas from time to time. In order to regulate parking at this development by third parties (in view of its proximity to the railway station), it was thought to be in the interests of all residents that we issue parking permits to residents and instruct agents to patrol parking areas.

This is the usual bumpf put in leases around "Estate Regulations" that MAs and Landowners hide behind. What they can and cannot change really depends on what the entirety of the lease says and what has been demised to you in that lease.
Also note the bolded terms, a "Regulation" needs to be reasonable and enhance your use and enjoyment of the amenities. This does not, it puts you at risk of a receiving a financial penalty from a 3rd Party.
What next? £5 to actually enter the estate by car and £2 on foot/bicycle?

I understand signs have been installed in the car park areas, setting out the rules to be complied with when parking a car on the development.

And these signs, their T&Cs and associated restrictions are NOT mentioned in your lease.

To be honest this silliness could be sorted out if the MA and Landowner simply put in place a resident cancellation scheme ... but they won't because I suspect CPM tell them to stay out of the process.

I think you need to study the lease in its entirety and find points to rebut that email above. Questions I would have are what is demised to you, what demised rights do you have, what are the definitions of "Regulations" etc. etc.

CPM Penalty Ticket Assistance Required

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