PCN from CPM in a resident parking area

johnfizz

Hi there,

I am renting a property which comes with an allocated parking space. In addition there are 'visitor' parking bays assigned to each flat meaning that effectively each flat has TWO parking bays. In reality there are more cars parked in the resident car park than there are flats, and therefore CPM haven apparently been contracted to monitor the premises and recently I've been issued a Parking Charge Notice for not displaying a so-called 'permit'. I did call them up straight away saying that I have the right to park there, as I am a resident anyway, and they should cancel the PCN. The lady said 'OK'. This was over a month ago and I already had forgotten about this thinking that the issue has been resolved, but today I've received a FORMAL DEMAND to pay £100 with 28 days, along with the pictures of my car. Obviously, I do not want to pay it, because I think it's CPM's responsibility to make sure they do fine only visitors, not the residents. The parking permit is purely for convenience of their 'officers' and not displaying it SHOULD NOT deprive me of my right to use the space - ie. I pay rent each month, therefore I am entitled to park in the resident parking. Unfortunately, I am in doubt if I have any chances of winning an appeal, because:

- on that day I couldn't park in my designated parking bay, because it was occupied by someone else; therefore I was forced to park in the visitor's parking bay
- I forgot to display the parking permit, because I was nervous as I have just picked up my daughter from a hospital - clearly you can't expect someone to think about something as trivial as parking permits in such situation
- I just checked, and my tenancy agreement does not mention anything about the parking space. It only states that I can exercise the right to use any communal drives, but according to the parking plan hanging in the building my flat has a clearly-marked parking bay assigned to it

What are my options? I do not want to pay the scammers, but I do not want to take them to court either. I acknowledge that I should have displayed the parking permit and have parked in my designated parking bay to avoid this whole situation, but at the same time given the circumstances I feel that I DO NOT NEED to show any permits at all. Ideally, I would like to challenge the PCN and have it cancelled AND would like to park in the residents car park WITHOUT having to display any permits to avoid getting any further PCNs. Can you please advise what can I do?

Many thanks,
John

The_Deep

There are hundreds of similar cases on here. I for one am fed up with repeating the same stuff, time after time so I suggest that you read the stickies, search the for a under "own space", and google "fined for parking in own space". Also read this

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

johnfizz

Hi The Deep. Perhaps you did not read my entire post. On that particular day I DID NOT park in my own parking bay. Also, I have read through other topics and I haven't found any with same circumstances as mine.

Coupon-mad

Makes no difference. Read the Newbies thread, all cases are the same pretty much, send the usual template and don't change it.

Guys_Dad

It strikes me that you should inform them that they had failed in their duty of managing the car parking spaces as a vehicle was in your paid-for space and was not ticketed, thereby forcing you , through the PPC mis-management, to park elsewhere.

Given that, if they choose to pursue you for this charge, you will have no alternative but to counter claim for the amount they are demanding plus a substantial sum for the hassle you have faced and the fact that they failed to protect your parking space.

Also, can the management company not be persuaded to intervene?

johnfizz

Hi guys. So I've decided I won't pay, and I've written a short letter which I intend to send to the CPM, but I need your help, because English is not my first language, and I would like to kindly ask you to correct any grammar / spelling errors in the document I've written.

Here's what I've got:

Dear Sir / Madam,

I am writing to you regarding the Parking Charge Notice #XXXXXX you have issued in my name on the 31st of March 2015. I am the registered keeper of the vehicle and I would like to kindly let you know that I have never entered knowingly into any agreements with you, neither in person, verbally nor in writing, therefore I refuse to pay the invoice you’ve sent me. Furthermore, I deny you the right to trespass on my property and interfere with my vehicle (silver Ford Focus, reg. no. XXX XXX). You must not touch it, photograph it or interfere with it in any other way without my written consent. I would also like to advise you, that any violation of these rules will incur Penalty Charges as follows:

1) for trespassing on my property - £500
2) for any interference with my vehicle - £250

In addition to this, please be aware that any unsolicited contact from you will incur a Penalty Charge of £100. If any Penalty Charges shall be issued against you, you will have to pay them within 14 days of the date of issue, otherwise you will be liable to pay late fees - £10 per day.

By sending me any further correspondence you acknowledge that you have read and fully agree to the terms and conditions described in this document.

Yours sincerely

Also, do you think this is enough? Will this document be legally binding to them after they receive it? Am I not breaking any law by this?

Thanks,
John

Umkomaas

Have you written as advised in post #4? Because that need doing pronto.

If you send your letter drafted above, how do you intend to enforce it? Do you know what you are doing in trying to enforce that?

johnfizz

I've had a look at what's in the newbie thread and the template provided there doesn't match my case.

How do I intend to enforce it? Just like they do. I will be sending them invoices. Isn't that enough?

Umkomaas

You need to send that initial appeal off. We can only advise you to follow a tried and tested route; no one is going to try to force you. You can adapt it at the margins if you feel the need, provided you don't declare (even inadvertently) who the driver might have been. You decide if you feel you know the better way to deal with this.

In terms of enforcement - you need to have something further up your sleeve than just invoices.

fisherjim

They will laugh at your letter, a private individual/company cannot issue "penalty charges"!

johnfizz

@fisherjim: and who are they to issue penalty charges, hm? they are a private company.

@umkomaas: do you have any statistics on whats the success rate based on that appeal template?