CPM - over 28 days since windscreen ticket in my own residental space - appeal to PPC

BeanKLR

Good evening,

On 19/09/15 I received a parking charge notice on my windscreen whilst I was parked in my own residential space that is allocated to me. :mad:

When I bought the flat I acquired a parking permit but this was not visible in the windscreen at the time, and hence I have been issued a PCN for Contravention 1: Not Displaying a Valid Permit.

Unfortunately my car is still registered to my parents house and not the flat which I now own and live in and on 21st October I received an NTK letter through the post to my parents address.
It was titled "Formal Demand DO NOT IGNORE THIS NOTICE"

I have read the newbies thread and it mentions that you should appeal to the PPC at day 21.
As I have passed this date and having not yet received a POPLA code should I still appeal to CPM (UK Car Park Management). As yet I have not taken any action and have just ignored the notice.

I can provide the an image of the permit as well as the lease indicating I own the parking space.

The images they took are not very clear and it is quite dark and difficult to determine from the pictures whether the permit was visible or not.

I am a little confused as the orginal windscrene ticket indicates CPM is a member of BPA but the NTK only mentioned IPC, not the BPA. Does this mean CPM are members of both? In which case what would be the next step?

Any help from the experts on this would be much appreciated. :T

Best Regards,
K

Umkomaas

UKCPM transferred to the IPC on 1/10/15, so any ticket issued before that date should have access to POPLA. You won't get a POPLA code unless you first appeal to the PPC - it should come with their (almost guaranteed) rejection of your appeal.

You need to very carefully check your deeds to determine what, if any, parking restrictions are placed on you. If you have the paperwork, please transcribe exactly, word for word, the relevant paragraphs.

Marktheshark

The lease is the top weapon at present, if you own lease to the space and it makes no mention of permits I would simply ignore anything other than stamped court papers and then hit them back hard for harassment and trespass to lease .

Fruitcake

Read the Sticky thread for NEWBIES then appeal the NTK using the template appeal from said NEWBIES thread. If your lease doesn't mention parking permits, add that as an additional point but please make sure you don't reveal who was driving.

BeanKLR

Cheers for the quick reply guys.

Here is the lease wording:

1.3 Allocated Parking Accommodation:
The parking space in the multi-storey car park numbered XX or such alternative space/garage as shall be notified by the tenant

Subject to observance by the Tenant with such reasonable rules and regulations for the common enjoyment of the Management Areas as the Company may from time to time properly prescribe

3. Parking:
The exclusive right to park (a) a private motor vehicle (such term in this Lease shall be deemed to exclude a commercial vehicle) on any Allocated Parking Accommodation.

No mention of permits..

I was just going to ignore but the signature of Umkomaas is worrying me, that ignore is no longer the thing to do..

Marktheshark

With that I would want to know !!!!!! they think they are doing operating a profit making enterprise on your leasehold land without your permision.

Marktheshark

I would send this instead :
DEAR UK CPM
The invoice you sent me was for parking my own car on my own leasehold.
I shall put it simply : !!!!!! are you doing trespassing on my land and trying to charge me money for parking on my own land ?
Do not trespass on my leasehold land again without my permission and certainly do not use my leasehold land to operate your business on again.
I suggest as gesture of goodwill that you accept my kind offer for you to apologise for your trespass and apologise for your mistake of thinking some trumped up contract you may think you have with the agent I employ to manage the property can override my lease document.

This is not an appeal, it is a warning to not trespass on my land again.
Any further correspondence regrading your mistaken invoice will be charged at litigant in person rates of £18 per hour.
I await your apology.

Umkomaas

BeanKLR wrote: »

Cheers for the quick reply guys.

Here is the lease wording:

1.3 Allocated Parking Accommodation:
The parking space in the multi-storey car park numbered XX or such alternative space/garage as shall be notified by the tenant

Subject to observance by the Tenant with such reasonable rules and regulations for the common enjoyment of the Management Areas as the Company may from time to time properly prescribe

3. Parking:
The exclusive right to park (a) a private motor vehicle (such term in this Lease shall be deemed to exclude a commercial vehicle) on any Allocated Parking Accommodation.

No mention of permits..

I was just going to ignore but the signature of Umkomaas is worrying me, that ignore is no longer the thing to do..

Ignoring a private PCN is an option - as long as you know what you're doing, and the risks you take.

The vast majority of newbies are desperate to ignore their PCN (ostrich head in the sand - backside exposed) then it's 'help, help, Yelp' when debt collector letters turn up, or LBCCC or court papers, or if they continue to ignore a CCJ and a life-ruining credit rating endorsement hits them.

Alternatively, and fortunately for you, given UKCPM's defection to the IPC, you can still kill this off at POPLA - stone dead! Otherwise it's 6 years of uncertainty - especially if you move home in that time (the stage at which many get the CCJ and credit rating endorsement as all paperwork is delivered to the original address).

If you wait for court - as suggested by Markts - are you confident you could put together a proper and robust defence and be able to possibly handle an adversarial lawyer highly skilled in performing at court level?

None of this may happen, but it may do, any time in the next 6 years. Killing it at POPLA will ensure it most certainly won't.

BeanKLR

Thanks..
So even though I have the NTK letter and it has been more than 30 days can I still get a POPLA code from CPM?

Umkomaas

BeanKLR wrote: »

Thanks..
So even though I have the NTK letter and it has been more than 30 days can I still get a POPLA code from CPM?

You can try, but they won't roll over easily. Press them and see where that takes you.

Coupon-mad

BeanKLR wrote: »

Thanks..
So even though I have the NTK letter and it has been more than 30 days can I still get a POPLA code from CPM?

Won't happen, no chance from UKCPM. This is no big deal though, see the NEWBIES thread post #4 about 'ignore the debt collector letter chain' stage. Because that's where you will be and people have ignored those letters for years. Google 'Parking Cowboys debt collectors'.

Come back there to the forum tomorrow afternoon, to see if anything useful comes out of the Beavis v ParkingEye case decision in the Supreme Court.