UK CPM Parking charge notice for parking in our own space with no permit displayed

Redx

knightrider14 wrote: »

Ok, I'll keep an eye out for it. Out of interest what's the reason for waiting for the notice to keeper to come through before appealing to UKCPM? Cheers

all FULLY EXPLAINED in the NEWBIES sticky thread at the top of the forum

Guys_Dad

When you make your appeal, be sure to make reference to the Lead adjudicator's section in his annual report last year.

Appeals have been received where the appellant’s case is that the bay in which their vehicle was parked at the time ‘belongs’ to them, or even that they ‘own’ it, for example under the terms of the lease of their apartment. Such motorists may submit that they can thus park there without any permit needing to be displayed.

Some appellants have even sent in copies of their lease.If the operator’s reason for issuing the parking charge notice is that resident has a
permit which contains conditions as to its display, provision for visitors and so forth, this will only be known to the Assessor if the operator explains it and produces such evidence as supports their case. This is equally the case if the car park is signed to this effect.

As with other types of situation, a mere assertion that ‘all residents should be aware of the requirements’, is not evidence. However, a copy of a letter or booklet containing the terms and conditions of parking at the location and sent with the permit to the named resident, may be.

Can they produce such a document??

knightrider14

Half way - I called up our maintenance company after being sent post regarding the private parking company being employed (about a year ago). I was told that they had done this because of complaints from other residents. (We do have parking problems) even though I said I wasn't happy with some of the terms of the permits (visitors parking is a max of 6 hours with no return within 12 hours which is useless when inlaws come to stay w/e) but was told because the apartment block had not been filled (there were a few empty flats it's a new build) that I would have to wait till it had been fully occupied before a committee could be set up and power transferred. I know a joke right but I didn't pursue further because I'd ran out of patience & I did want the parking issues to be dealt with someway. Anyway I digress I have never therefore agreed in my knowledge (written or verbally)to allow a private parking company onto my land unless by not raising this as an issue initially means by default I have agreed.

I also don't approve of parking companies actions on my land either.

knightrider14

Red X - Apologies I have read the newbies sticker I must've missed this..

knightrider14

Guys dad - they did send a letter with the permit. Not sure if I still have this. It mentioned when the parking restrictions would be coming into force & possibly T&C's. But I never signed or agreed anything or returned anything back.

Half way - yes I've read that already (but it's so good it's worth reading twice thanks though!

Thanks again all for the responses it's nice to have re-assurance that companies can't get away with stuff like this. It's outrageous that a company thinks they can ticket me in my own space.

Coupon-mad

While you are awaiting your first letter to appeal against, can we see a picture of the signage wording please as it can be important in a UKCPM case. One person lost at POPLA because the Assessor was fooled by the UKCPM signs at a resident's car park (the case has been referred to the Lead Adjudicator as a complaint as the decision erred and didn't consider the appeal wording properly nor the signage wording properly).

As a newbie you'll have to remove the http from the URL so it's not a working link when you post it.

knightrider14

Of course please see below:-

.flickr.com/photos/43854660@N06/14301577961/[/url]

bazster

http://www.flickr.com/photos/43854660@N06/14301577961

Another pathetic attempt to dress up damages as a fee.

Apparently paying £100 gets you permission to park without permission! Not that you need permission to park without permission, because you already have permission on account of it being your space!

If you have permission to park (as you do) but you simply don't display a permit, or you have permission to park but you park outside a designated area/parking bay, that's absolutely fine because there's no charge specified for those "offences"!

What a total bunch of muppets.

In what sense do you "own" the parking space? Do you have a leasehold over it? I don't mean a leasehold over your flat which includes permission to use the parking space, I mean a leasehold specific to the parking space.

If you are indeed the leaseholder then you can write to the management company telling them that you withdraw all implied rights of access to your property by them or their agents, that they and their agents must cease forthwith trespassing on your property, and any further trespass will see you issue a court claim for damages against both the management company and their agent, and an application for an injunction to prevent any repetition.

knightrider14

We have a leasehold over the apartment and I always assumed this meant we also had a leasehold over the space and when we bought the lease to the apartment they said we would own the space.

However on checking the lease it obviously states the apartment but apart from having the same plot no labelled on the parking space as the apartment plot no it doesn't specifically state that we have a lease for the parking space... so long story short I'm not sure and will have to contact the builder to ascertain this for certain before telling the management company to inform their agents to jog on and stop trespassing...

bazster

Everything will be registered at the Land Registry, you can get copies of all leases via their website.

Doesn't really matter if you are not the leaseholder though, because as I pointed out above the signage utterly fails to create a charge for not displaying a permit (as well as all the usual reasons why these charges are unenforceable).