UK-CPM / Resident's Bay / Permit & Markings

Good_Grief

Hello all,
I've read the 'Newbies' thread with interest - things have changed since the handful of parking tickets I fought (and won, happily) some years back. I'd be grateful for your advice on my first "Parking Charge Notice" in years.

First things first - this was a hire car, so the advice is to appeal early. There was only one driver registered with the hire firm to drive the car. Do I appeal as a "temporary keeper", or admitting to being the driver?

Parking location - in 'my' parking bay; off-road parking on private land attached to a block of privately-owned flats. I am the tenant of one flat, which came with an allocated parking space.

Ticketing firm: CPM / UK Car Park Management
(who are IPC / IAS, not POPLA)

Ticket (sorry, invoice!) reasons:
(1) Not displaying a permit
(true, I've never had or been given a permit to display, nor does my tenancy agreement reference any such. I was given the key to a lockable bollard / post in the front of the relevant parking space on moving in to the property. I have had a motorbike parked in the space for months without issue)
(2) Parked outside of a marked bay
(it's true, my wheels were not within the bay markings, precisely. But not in any way which would hinder the parking of any other vehicle.)

Signage - there is one UK CPM sign, which is attached to a low wall at knee-height, in an adjacent parking space. A Nissan Micra was parked in that space when I drove my hire car in, blocking the only sign.


Since one cannot pay to park in that bay, there is no loss incurred by the parking firm, I think? And since it is 'my' space to enjoy the use of, I didn't deprive any other resident of their enjoyment or use of the space (nor did parking outside the markings make it any more or less difficult for any other resident to park).


I'm assuming I should write to UK-CPM, if only at this stage to bring them into correspondence with me rather than the hire firm; and I should also be in touch with the building management and with my landlord. I'd appreciate your thoughts, however - reading through threads across the board there often seem to be little things one should - or should not - say which are easily missed until too late, and I'd rather not fall in to a trap!
With thanks in advance!
GG.

Redx

you are/were the KEEPER of the car as your name is on the hire sheet , so appeal as KEEPER like the template tells you to

do so in order to stop any NTK going to the RK, the hire firm

you want the PPC to deal with you as hirer, not the RK

you need to check the tenancy agreement as far as the "right to park" and any compliance issues with the management company and the signage

dont be tempted to argue with the PPC, you would be appealing as KEEPER on legal grounds

ManxRed

What does your tenancy agreement say with regard to:

1. The requirement to display a parking permit
2. The assigned space
3. Your right to quiet enjoyment of the property

I'm wondering if the parking company has caused the landlord to be in breach of contract?

Good_Grief

Thank you both.

RedX - I'll follow the template as advised, as Keeper; thank you.

ManxRed, RedX - my Tenancy Agreement is (un)helpfully vague. It reads like a standard-form document from the letting agents. It makes one, and only one reference to parking, to say that I may not park a caravan or motorboat on the Premises.
I also have a "Regulations to be Observed by the Tenant" document, which obliges me to "procure that no motor car or vehicle... shall... Be parked or remain stationery expect temporarily in an approved parking space"; which I interpret to mean that parking in a parking space is fine, but not having a SORN'd or immobile rusting wreck resting there.

Not strongly documented, but the flat was let to me by an estate agent who said it "comes with a parking space"; and on moving in I was given a key to the bollard which blocks one particular space. I think it's a reasonable assumption that that space is ours.

No mention of permits in the tenancy agreement or tenant obligations.

Not much about enjoyment either (!) save for the Landlord's obligation"Not to interrupt or interfere with the Tenant’s lawful occupation, enjoyment or use of the premises other than in an emergency... (etc)"

nigelbb

The fact that only you have the key to the bollard that must be released to allow a vehicle to be parked in the space is a pretty good proof that it's you space to do with a you wish. As you have the only key so why would there be any need for a permit?

The obscured UK-CPM sign over the other space can be presumed to apply to that space only.

The_Slithy_Tove

Given what you have said, as Redx has said, don't argue with the PPC, just do the standard appeal.

You DO need to argue, however, with the management company who hired them. You need to TELL (not ask) them:
* That you do not recognise UK-CPM's "authority" to put their toilet paper on cars parked in your space
* That the MUST get the ticket cancelled (it's THEIR problem to handle, not yours)
* That there is no visible signage to indicate they are patrolling
* Even if there were, you have never contracted in any way to allow anyone to "police" your parking space which no-one could abuse anyway
* That THEY (the management company) will be jointly liable for any harrassment case or trespass on your property that you may bring should UK-CPM not be told to butt out immediately, and to never trespass again on the property to which you have an expectation of "peaceful enjoyment".

Mike172

e/

Justr read its CPM, not UKCPM.

ManxRed

Good_Grief wrote: »

T
No mention of permits in the tenancy agreement or tenant obligations.

Not much about enjoyment either (!) save for the Landlord's obligation"Not to interrupt or interfere with the Tenant’s lawful occupation, enjoyment or use of the premises other than in an emergency... (etc)"

So, you don't need to display a permit, and the PPC are causing the landlord to be in breach of that last clause.

Why not write to him/her and tell him that.

This agreement trumps any signs that any stupid parking company can nail to the wall.

Good_Grief

Thanks all.

One outstanding concern that occurs to me:
Permits aside, I was parked outside the bay markings (stalling the bay next door, the one where the UK-CPM notice is displayed).
I am confident that I did not restrict the 'enjoyment' of the other parking space, since there was another car parked there when I arrived, so I know we both fitted (I even said 'hello' to the folks getting stuff out of the other car. Mind, whether it was their space or not, I don't know).

But I was outside the lines of "my" bay...
and am mindful of the only real mention of parking in "Tenant Regs" as "vehicle shall be... in an approved parking space". Can that be "across two approved parking spaces", assuming "approved" is taken to mean "as delineated by the lines on the ground" rather than any other definition?!

No reply from the block management company as yet. I wondered if the tenants for the other space (if there are any) could have 'let' the space to UK-CPM privately!

Good_Grief

Mike172 wrote: »

e/

Justr read its CPM, not UKCPM.

Mike - is "UK Car Park Management" (or CPM) different from "UKCPM" then?! These PPCs don't half make it confusing for those new to the game. Saw one calling themselves "Ethical"!

ManxRed

Good_Grief wrote: »

Thanks all.

One outstanding concern that occurs to me:
Permits aside, I was parked outside the bay markings (stalling the bay next door, the one where the UK-CPM notice is displayed).
I am confident that I did not restrict the 'enjoyment' of the other parking space, since there was another car parked there when I arrived, so I know we both fitted (I even said 'hello' to the folks getting stuff out of the other car. Mind, whether it was their space or not, I don't know).

But I was outside the lines of "my" bay...
and am mindful of the only real mention of parking in "Tenant Regs" as "vehicle shall be... in an approved parking space". Can that be "across two approved parking spaces", assuming "approved" is taken to mean "as delineated by the lines on the ground" rather than any other definition?!

No reply from the block management company as yet. I wondered if the tenants for the other space (if there are any) could have 'let' the space to UK-CPM privately!

How far outside? Inches? Doesn't matter that much, and it would be the owner of the other bay that has any grievance, not some tinpot parking company.