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  • FIRST POST
    • hairray
    • By hairray 18th Jan 17, 7:14 PM
    • 63Posts
    • 34Thanks
    hairray
    CPM Penalty Ticket Assistance Required
    • #1
    • 18th Jan 17, 7:14 PM
    CPM Penalty Ticket Assistance Required 18th Jan 17 at 7:14 PM
    I would really appreciate the advice of members on MSE.

    I was recently issued with a ticket for parking in my parking space at our newly acquired property.

    I appealed the ticket on the basis that it is my designated parking space and CPM failed to provide me with a permit, I parked from the 13th September to 7th November with no issue.

    The appeal was rejected by both CPM and their appointed appeals company.

    Our property is a leasehold, I have contacted the land owner who has told me that because I have appealed it, they are unable to assist. They have tried.

    Having read through some of the other threads on MSE it appears to be a case of ignoring them, is this the right thing to do?

    The invoice started at £60 and is now £100, the most recent letter from CPM threatens a charge of £149.

    I am a little worried about it, I just cant seem to justify paying to park in my own space.

    They have given me an opportunity to clarify if I was the designated driver when the invoice was issued.

    I would be grateful for your opinion on the matter.
Page 4
    • Johnersh
    • By Johnersh 20th Apr 17, 6:55 PM
    • 650 Posts
    • 1,230 Thanks
    Johnersh
    Still comes back to the lease. If you are not required to display a lease a private contractor cannot compel you to. If the private contractor did not provide you with a permit and they should have done than they cannot ticket you.

    "The purpose of the parking strategy is to stop people that are not entitled to park in allocated spaces at Kings Park" (i.e. not to stop lawful users having enjoyment of the property) - the banal response wholly fails to address that you are entitled by the terms of the lease to park. Still at least you know what SHOULD have happened when you were shown the property by the agent and handed the keys...
    • hairray
    • By hairray 21st Apr 17, 10:01 AM
    • 63 Posts
    • 34 Thanks
    hairray
    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
    • By Coupon-mad 21st Apr 17, 7:20 PM
    • 51,504 Posts
    • 65,106 Thanks
    Coupon-mad
    - 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.
    Originally posted by hairray
    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?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • hairray
    • By hairray 26th Apr 17, 12:38 PM
    • 63 Posts
    • 34 Thanks
    hairray
    Another useless response
    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:

    [QUOTE][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
    • By hairray 27th Apr 17, 9:37 AM
    • 63 Posts
    • 34 Thanks
    hairray
    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
    • By hairray 2nd May 17, 2:08 PM
    • 63 Posts
    • 34 Thanks
    hairray
    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
    • By The Deep 2nd May 17, 2:51 PM
    • 7,376 Posts
    • 6,423 Thanks
    The Deep
    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.
    Last edited by The Deep; 02-05-2017 at 2:56 PM.
    You never know how far you can go until you go too far.
    • hairray
    • By hairray 5th May 17, 6:30 PM
    • 63 Posts
    • 34 Thanks
    hairray
    Response
    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
    • By hairray 8th May 17, 12:06 PM
    • 63 Posts
    • 34 Thanks
    hairray
    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
    • By hairray 8th May 17, 12:14 PM
    • 63 Posts
    • 34 Thanks
    hairray
    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
    • By safarmuk 8th May 17, 12:50 PM
    • 613 Posts
    • 1,122 Thanks
    safarmuk
    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.
    Last edited by safarmuk; 08-05-2017 at 12:54 PM.
    • hairray
    • By hairray 8th May 17, 1:07 PM
    • 63 Posts
    • 34 Thanks
    hairray
    Thank you for your input Safarm, looking over the lease I struggled to find anything that detailed parking invoices and charges and I believed the clause they mentioned wouldn't be relevant as IMO it's not reasonable for me to receive an invoice for parking in my own space.

    Thank you for sharing your advice with me.
    • hairray
    • By hairray 8th May 17, 1:12 PM
    • 63 Posts
    • 34 Thanks
    hairray
    Also I served CPM a section 10 to cease processing my data, they handed the info over the the debt collectors sell after this period. Would that make the landowner and CPM at fault (as CPM is landowners agent)?
    • safarmuk
    • By safarmuk 8th May 17, 1:39 PM
    • 613 Posts
    • 1,122 Thanks
    safarmuk
    What is demised to you in your lease and what demised rights do you have in your lease?
    • hairray
    • By hairray 9th May 17, 11:29 AM
    • 63 Posts
    • 34 Thanks
    hairray
    Hey Zafarm,

    Thank you for your continued advice, appreciate your time!

    The rights appear to be split across two leases. One for the property itself and one for parking.

    The property lease mentions various rights regarding the space.

    Relevant ones include:

    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 accordance with this Lease
    Rights and easements granted to the Tenant are granted also to those authorised by the Tenant but in common with the Landlord the Management Company and all others having the
    like or similar right Rights reserved to the Landlord and the Management Company
    The rights for the Tenant (in common with the Landlord the Management Company and all others authorised by the Landlord or the Management Company or entitled to the like right) at all times and for all purposes incidental to the occupation and enjoyment of the Property:-
    The right with or without vehicles for all reasonable purposes connected with the use of the Property to go pass and re-pass along the Estate Roads to gain access to and egress from the Property
    The right for the Tenant's visitors to park one roadworthy private motor car on a Visitors
    Parking Space for short term parking on a first come first served basis
    The right of passage and running of services from and to the remainder of the Block or any part thereof in through and along the Conduits in or upon the Property or any part thereof
    Forthwith to give notice to the Landlord of any notice or order or proposal for a notice or order served under any statute order regulation or bye-law on the Tenant or any underlessee of the Flat or Parking Accommodation and if so required by the Landlord to produce the same and where reasonably required by the Landlord make or join in making such applications or
    representations in respect thereof as are referred to in Paragraph 10.2 of the Fifth Schedule
    - not sure if this applies as it's legal jargon for me

    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
    Then I have a separate lease for the parking space alone, this lease details by illustration my demised space and outlines basic terms. I couldn't find anything surrounding a parking agents instruction. Ive listed this below:

    By a lease (hereinafter called "the Lease") dated [
    and made between (I)
    LANDOWNER Limited (hereinafter called "the Landlord") (2) the
    Management Company and
    ) (hereinafter called "the
    Original Tenant") the property now known as (HAIRRAYS PROPERTY) (hereinafter called "the Demised Premises") was demised by the Landlord tö the Original Tenant upon the terms and conditions there in contained
    The Lease contained requirements to the effect that upon an assignment thereof the assignee should enter into a direct covenant with the Management Company to observe and perform the covenants and conditions contained therein to the effect that the assignee and his successors in title would from the date of an assignment or transfer duly observe and perform all covenants restrictions and stipulations on the part of the Original Tenant therein
    contained
    By a transfer of even date herewith and made between the Original Tenant of the one part and the Transferees of the other part the Demised Premises is being transferred to the Transferees for the residue of the term created by the Lease
    NOW THIS DEED WITNESSETH (in pursuance of the provisions Of the Lease) that Transferees hereby covenant with the Management Company that they and their successors in title will at all times from the date hereof duly observe and perform the covenants restrictions and stipulations on the part of the Original Tenant contained in the Lease (whether running with the Lease or of a purely personal
    orcollateral nature) to the same extent as if they the Transferees were the Original Tenant
    IN WITNESS whereof the Transferees have hereunto executed this document as a deed the day and year first before written
    • Loadsofchildren123
    • By Loadsofchildren123 9th May 17, 3:07 PM
    • 1,589 Posts
    • 2,699 Thanks
    Loadsofchildren123
    You need to up the ante. Sararmuk's advice is correct.


    There is a risk that the clause you identify allows them to introduce the permit system. HOWEVER, the whole point is that you were not given a permit - they may well have posted it through your letterbox, but it looks to me like they knew your letterbox was leaking (you've made reference to an email telling you all the letterboxes were being replaced shortly) and it follows from this that post was being water damaged, or it may simply not have been sent (did all your neighbours get one?). Any changes which are justified under the terms of the lease must be communicated and adequate notice given - they have failed to do so.


    You haven't mentioned trespass. That space belongs to you. Nobody else has any right to enter onto it. The PPC has trespassed on your land by entering onto it to ticket and photograph your car. The MA/landowner has allowed that trespass/commissioned it by entering into the parking contract with the PPC allowing them to ticket cars. Or the PPC is acting as the MA/landowner's agent.


    I think you should up the ante by sending both the PPC and the MA/landowner a Letter Before Claim saying that you intend to issue proceedings against them for damages for trespass and for a breach of your rights under the DPA.


    A LBC has to contain sufficient detail, and include the basic documentation, to show what the claim is and how you will evidence it. So in relation to the trespass, you need to say what the trespass was (the PPC entering onto your space on the dates of the pcns) and why it was unlawful (it was without your authority and to the extent that the MA/landowner had given authority they did not have such authority to give) and you must demand that they never enter onto your space for ANY purpose whatsoever again. And you need to say what damages you are seeking (I'd suggest making it the same as the "parking charge" plus the extras they've added on).
    I'm afraid I'm not really gemmed up on DPA but your LBC likewise needs to say what rights have been breached, when and how.
    You need to include documents you will rely on.


    You tell the MA/landowner that either separate proceedings will be issued, or that they will be joined as a party to any proceedings brought by the PPC and you tell the PPC that there will be a counterclaim made if they issue proceedings, alternatively you will issue a claim immediately and without further notice if there is any further incidence of trespass.


    You can take extracts from C-M's original suggested letter, which you used, and include it in the LBC. Include the on-point case law. have you read this case? Saeed v Plustrade Limited [2001] EWCA Civ 2011 - in which it was held that parking restrictions and parking charges which caused detriment to tenants and their visitors was in breach of the principle that “a grantor shall not derogate from his grant”. Refer to that case in your LBCs.


    You will need to be quite technical and refer to your lease, and deal with what the building company (landowner?) has said in its last couple of emails to you about what rights it has.


    It is allowed to exercise the right to change things to your benefit, not your detriment ("use and enjoyment") - while the clause may not specifically state that it is clearly an implied term that changes are to be for the benefit of the leaseholders, not their detriment.


    The landowner cannot be allowed to pass the buck any more. This really makes my blood boil.


    If the PPC issues proceedings, the reality is that it costs £255 for you to apply to join the landowner/MA as a party, and this is what puts most people off. The alternative is to issue separate proceedings against them, which only costs you £25. You could then suggest to the court that it joins your proceedings to the PPC's claim for administrative convenience (thereby getting around the £255 issue fee for joining them as a party.....) - this may not work and you may be stuck with 2 sets of proceedings. But I doubt it will see the light of day as the landowner/MA will not want to get embroiled in this.


    What utter nonsense that it can't be cancelled because it's gone through the IAS.
    • hairray
    • By hairray 9th May 17, 4:22 PM
    • 63 Posts
    • 34 Thanks
    hairray
    Hey LoadsOfChildren,

    Thank you for such a detailed response.

    You're right, the landowner keeps passing the buck, this is typical of them. We moved into a new build property and one of their contractors said the builder is constantly trying to dismiss their faults and pass it to the companies they use for works.

    Im going to do a little more research on the presentation of an LBC before drafting it.

    Thank you for your time!

    Kindest Regards,
    • Loadsofchildren123
    • By Loadsofchildren123 9th May 17, 8:04 PM
    • 1,589 Posts
    • 2,699 Thanks
    Loadsofchildren123
    I sent a LBC to an employer in relation to PCNs issued to a permit holder in a staff car park. Worked a treat.
    Read the Practice Direction - Pre-Action Conduct which tells you what a LBC should contain. Have a look on my last thread for the ones I sent (issues different but layout/organisation will be an example and should help you).
    • hairray
    • By hairray 10th May 17, 3:01 PM
    • 63 Posts
    • 34 Thanks
    hairray
    Thanks, Im going to check it out today!
    • hairray
    • By hairray 10th May 17, 4:08 PM
    • 63 Posts
    • 34 Thanks
    hairray
    Wow your letter was great LoadsOfChildren. Can I be cheeky and ask you to scan over my letter. I based it on issuing a claim against them,

    Thank you so much!

    I am writing to ask for your assistance, and to put you on notice that I intend to add you as a party for a claim against your agent UKCPM. This claim with include damages arising out of a breach of contract,

    The will claims relate to a parking charge notice (“PCNs”) issued to my car on 7 November 2017 (PCN reference 2005290). In total the amount of £145.00 is being requested from me.

    The basis of the claim

    - I have been a lease holder from the 13th September, we entered into a contract which you granted me the right to park in a designated bay and I agreed to pay the yearly ground rent, which was paid at completion, by my appointed solicitor.

    - Once this contract had been entered into, your provided me with no permit to park, nor did the car park display any signage on the 13th September 2016

    - UKCPM failed to provide me with permits or any notification of their intention to control parking in my bay.

    - Our home tour was supposed to include an introduction to parking requirements, it did not.

    - My post box currently let’s water in, this was reported to Mitchell Perrey on the 14th November 2016. To date this still hasn’t been resolved. During heavy rain, my post becomes unreadable and I provided this as a theory as to why I may have not received my permits.

    - Once the PCN was issued, I requested permits on the 8th November, they failed to deliver them within two weeks and a second request had to be made.

    - In order to avoid appeal to the IAS I contacted Mitchell Perrey on the 25 November 2017. He failed to give this information to Liam Baird, who didn’t respond to me until the 12 December 2016. I tried to avoid having to appeal to the IAS but felt I couldn’t ignore UKCPM, their letters are extremey threatening and caused me distress.

    - Your breach of your contractual obligations will cause me to suffer financial loss and a considerable amount of time and stress in respect of defending the PCN. I intend to apply to join you as a party to those proceedings and to issue a claim against you for damages arising out of your breach of contract.

    - A section 10 notice was issued to UKCPM to cease processing my data, they signed for this letter. They continued to breach the data protection act by sharing my data to the debt collection agency DRP 21 days after the section 10 was issued and not responded to.



    ¥ Summary of the facts

    - I was not provided with a permit.

    - You failed to tell me of the need to display a permit during my home tour.

    - I parked between the 13 September2016 and the 6th November with no PCN issued, I received no communication from UKCPM or Countryside that I would need to display a permit.

    - My letter box leaks which significantly damages my post, you have acknowledged this.

    - The parking space is my demised space to which I am entitled to quite enjoyment.

    - If I was provided with a permit at completion, I would have happily displayed one.

    - Your instructed agent has trespassed on my property to issue me the PCN. That space belongs to me. Nobody else has any right to enter onto it. UKCPM has trespassed on my land by entering onto it to ticket and photograph your car. You have allowed that trespass and commissioned it by entering into the parking contract with UKCPM allowing them to ticket cars. Or UKCPM is acting as the MA/landowner's agent.

    - Parking for the first month in my space was impossible as other residents had not been correctly informed of which space was theirs.

    - Any changes which are justified under the terms of the lease must be communicated and adequate notice given – you have failed to do so.


    I applied for a parking permit as soon as I was aware I needed to display one (upon receiving the PCN) and shortly afterwards was offered, and accepted, a space. At no stage before receiving the PCN was my attention drawn to new regulations for parking or to the signage – from a cursory reading of the signage it was obvious that it was aimed at non-permit holders and was designed to discourage them from using the car park.

    I cannot have entered into any new contract with UKCPM, because the right to park had already been granted to me in my lease.

    Whatever arrangements exist between you and UKCPM they cannot interfere with, nor alter, the terms of the original lease. Furthermore, whatever agreement exists between you and UKCPM to manage the car park, its intention was clearly that it should be for the intended benefit of the permit holders – it would go wholly against the intention of that lease for it to empower UKCPM to sue permit holders.

    It is of course the case that I have the permission to park and retained a record of my entitlement to park in my space so it would have been easy for you (or UKCPM) to check these records to establish that I was a permit holder. I emailed the relevant person (Mitchell Perry and then Liam Baird) to ask that these tickets be cancelled. I was given hope it could be dealt with, but was in the hands of UKCPM. This cannot be the case because UKCPM has a contractual obligation towards me. I simply cannot believe that there is no process by which Countryside Properties can instruct UKCPM to cancel a PCN issued to a genuine permit holder.

    The relief claimed

    There seem to me to be two options open to you in order to avoid being joined as a party to the proceedings:

    ¥ To intervene with UKCPM and arrange the cancellation of the PCN.

    ¥ To pay a sum of money to me so that I can settle the claims and to compensate me for your breach of contract. £145 is required to settle the PCN and I ask for a further £150 to compensate me for your breach of contract (a total of £295.00).

    If you will not do either, then I intend to apply to join you as a party to the proceedings and to issue a claim against you for damages arising out of breach of contract in the sum of £295.00, together with the court fees and legal costs incurred in applying to join you as a party and for issuing the counterclaim (together £280), and a sum of £150 for inconvenience and stress. I will also include any fees added to the PCN by UKCPM or their debt collectors.

    Documents upon which I will rely

    I enclose a copy of the section 10 notice sent to UKCPM and the original PCN left on my dash board.

    Next steps

    I refer you to the Practice Direction - Pre-Action Conduct, part of the Civil Procedure Rules governing civil litigation, which can be found on the internet in the following link:

    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

    The Practice Direction sets out the steps that each party to a dispute of this nature is expected to follow before resorting to court proceedings. I refer you to paragraphs 13-16 of the Practice Direction, which sets out the costs consequences of any failure to comply with it. I also refer you to paragraph 6, in particular 6(c) which obliges you to produce the documents upon which you will rely if this matter proceeds.

    In accordance with paragraph 6(c) when you reply to this letter please send me the following documents:
    ¥ Any contract between Admiral and Excel or VCS setting out the terms on which they manage the parking in the Admiral staff car park in Swansea
    ¥ A copy of the agreement I signed and which I returned to your HR department in which you granted me the right to park in the staff car park.

    In accordance with the Practice Direction, I will wait for 10 days before taking any further action. You will appreciate that I am bound by a timetable because UKCPM continues to threaten proceedings against me. If I have not heard from you within this time, then I will proceed to issue a claim and an application to join you as a party without further notice.
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