CPM Penalty Ticket Assistance Required

twhitehousescat · 18 January 2017 at 9:09PM

hairray wrote: »

OK, I have wrote an email to the guy representing the land owner asking him to clarify a few things for me, more to highlight the stupidity of being charged to park in your own space more than anything.

I will request for my car to be whitelisted to avoid any interaction with the wonderful CPM.

Is it OK to contact you again once Ive taken look at the lease?

post back the snivelling reply from the land owner as soon as you get it ,

no:jt much to laugh at over a weekend :j

safarmuk · 18 January 2017 at 9:56PM

I have been dealing with CPM on another residential site.

As mentioned above, check your lease. You are looking for any clause which refers to parking and access. Such as "... the right on a first come first serve basis to use the Visitors Bays ..." or "... exclusive access off the [allocated] Parking space ..." or "... pass and re-pass at all times and for all purposes of access to and egress from the Premises ..."

Then you need to find out who actually instructed CPM, was it your Management Agent or the Freeholder (you mention a guy representing the landowner so this could be the MA). Speak to them first and ask that they get your ticket cancelled, its likely if it is the MA that they will say they want nothing to do with it so then you go to back to the Freeholder and start quoting your lease if necessary. Unless someone has a really dire contract with the PPC then they should be able to get it cancelled.

Often the Freeholder won't even know much about or understand this scheme and the MA won't understand what they have implemented (they will have seen a friendly brochure that all seems quite reasonable). Sometimes the MA just wont care, so you need to make them care.

Let us know what you find out and we can go from there.

hairray · 19 January 2017 at 2:02PM

Hey thank you for your time and giving such a detailed response.

I've struggled to find anything about the parking space on the lease.

Here's what I did find:

"Not to apply to the local authority for a residents parking permit in respect of a Controlled Parking Zone that is not within the Estate PROVIDED THAT this clause shall not apply to any owner or occupier of a dwelling who is a Blue Badge holder or who is eligible and has applied
for the same but to whom a Blue Badge has not yet been issued"

And

"Use of Parking Accommodation (if any)

Not to use the Parking Accommodation except for parking a roadworthy private motor car or motorcycle

Not to carry out or permit to be carried out any repairs to any motor vehicle for the time being parked on the Parking Accommodation or on a Visitors Parking Space (if any) other than minor repairs which can be carried out without causing any noise or nuisance

Not to store on or in the Parking Accommodation or on any Visitor's Parking Space or in any vehicle for the time being thereon any petrol oil or other inflammable material except for petrol and oil in the tanks of such vehicle"

And

In the definitions:

the parking space edged blue and numbered 300 on the Plan and described in part I of the First Schedule

In the first schedule it says: The Parking Space shall include for the purpose of grant only the final wearing surface thereof and any parking post or similar fixture now or at any time hereafter fixed thereon but shall not include the land below the same

The lease then shows my designated space.

What would be your suggestion as to my next move?

safarmuk · 19 January 2017 at 5:29PM

All your clauses look pretty standard except:

"Not to apply to the local authority for a residents parking permit in respect of a Controlled Parking Zone that is not within the Estate PROVIDED THAT this clause shall not apply to any owner or occupier of a dwelling who is a Blue Badge holder or who is eligible and has applied
for the same but to whom a Blue Badge has not yet been issued"

Which I have no context about.

Given your lease appears to give you the right to use the designated space

edged blue and numbered 300

And it doesn't say with a permit ...

I would argue that you have a right to park there.

Do you have a Management Agent?
When you spoke to the LandOwner - did they say they instructed CPM?

The key here is to find out who instructed CPM (e.g. who is CPM's client) and then speak to them again, this time a touch more forcefully if necessary.

If you can answer the questions above we can probably help a bit more on the MA/Landowner angle with a view to getting the ticket cancelled.

Coupon-mad · 20 January 2017 at 2:35PM

Same as these cases:

http://forums.moneysavingexpert.com/showthread.php?t=5579829

http://forums.moneysavingexpert.com/showthread.php?t=5583542

http://forums.moneysavingexpert.com/showthread.php?t=5581869

http://forums.moneysavingexpert.com/showthread.php?t=5579829

Here is someone with a court date soon:

http://forums.moneysavingexpert.com/showthread.php?t=5583580

We have loads of residential PCNs on here and they are a ticking time bomb for PPCs because it gives people with primacy of contract (i.e. who already enjoy a right to park as part of their grant under a lease or tenancy) a reason to sue the parking firm for a 3 figure sum for DPA data misuse, as discussed in more depth here:

http://forums.moneysavingexpert.com/showthread.php?p=71958714#post71958714

HTH

hairray · 22 January 2017 at 11:50AM

Hey Coupon Mad,

Thanks for replying back to me.

The representative from the builders has not responded to my enquiries as to who has instructed CPM, them or the Management Agency.

It was great reading through some of your comments in the threads you have been kind enough to share.

In all honesty my voice was completely worthless to the IAS, my builder and CPM. It kind of makes you want to ignore them as they are not listening.

Do you have a suggestion as what I should write to the builder, I believe they are the party responsible for instructing CPM as it's a big site and they continue to develop on the site.

Appreciate your time!

Raymond

hairray · 22 January 2017 at 11:51AM

Hey Safarm,

No word from the builders representative, he's ignored two of my emails now.

Regards

R

The_Deep · 22 January 2017 at 12:14PM

Quentin wrote: »

Now both appeals have failed you are in the debt collectors stage. You can ignore everything from a debt collector.

But if the ppc moves to Court action then come back for current advice on your defence at the time.

Don't engage with the ppc regarding who was driving!!

Poor advice Quentin, this is an "own space" ticket. OP may have superior leasehold rights. leasehold/AST rights to quiet enjoyment may have been compromised, PPC may be trespassing on his/her land, OP may have a case for suing for unauthorised access to personal data, may have breached KADOE.

As for not naming the driver, it is an "own space" ticket, what does it matter?

Half_way · 22 January 2017 at 12:55PM

Who issued the permits?
Just to protect yourself you need to tell them that your lease states you have no requirement to display a permit to park in your own space, and this lease take primacy over any made up rules, plus you have only been displaying a permit at your own discretion and/or as a courtesy which you no longer wish to do - should they want the permit back then you are happy to arrange a collection time your own convenience you require a stamped addressed envelope, or instructions on the destruction or disposal of the unwanted permit.

You should also focus on whatever entity took on the parking company, if this entity is anything other than a one man band/business then you need to go for them, as they are jointly and severely liable for the actions of their agents any claim for a breach of the DPA should be aimed at them.

You

safarmuk · 22 January 2017 at 1:08PM

You should also focus on whatever entity took on the parking company, if this entity is anything other than a one man band/business then you need to go for them, as they are jointly and severely liable for the actions of their agents any claim for a breach of the DPA should be aimed at them.

Completely correct and the way to deduce this is to establish who you are paying any of "Ground Rent" or "Maintenance" to.
- The former is to the Landowner (or their representative / collection company) and is paid if you are Leasehold and;
- The latter is to the Management Agent who look after communual areas etc.

Once you know this you phone both up and find out and then post back here.

CPM Penalty Ticket Assistance Required

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