Parking charge in my own space by UK Car Park Management Ltd

Flash34

I have emailed this to my management company...eek

To whom it may concern,

With regards to the above I would like to request please that you contact UKCPM to cancel this charge. I have now been threatened with court action by the parking company and would like this matter resolved immediately.

I do not agree to a private company running a business on my land and in particular this company, as it is disreputable and does not provide an ADR complaint appeals service. This operations of this company is completely unreasonable and unacceptable, and as their agents, xx management company is responsible for the actions of UKCPM.

I expect you to instruct your agents to cancel this charge with immediate effect and should the parking company persist in trying to contact me in order to obtain money, I will have no other option than to consider charging xx management company for my time as I have wasted enough of my time in dealing with the management company's unreasonable actions in allowing a company such as this to operate on my land.

I never agreed to a permit scheme, I am not a part of it and I am only displaying a permit as a courtesy to the attendant. Also I am withdrawing any implied right of access to my property in respect of the issuing of parking charge notices. This company are interfering with my right to quiet, peaceful enjoyment of my property and any contract you have with this company that impose restrictions and regulations on my land will not take precedence over my rights as landowner.

Guys_Dad

That's not a very good email to the management company. I can almost write their reply. If you had flashed up a copy before sending it and incorporating some points made here - such as the Slithy Tove's point - you might have made them stop and think a bit further. I anticipate a reply on the lines of

Dear Flash34,

Thank you for your email. May I correct misconceptions that you have?

It is not your land - it is the landowner's land managed on their behalf by us. You have a lease that entitles you to have occupancy of this land subject to the terms and conditions of your lease. One of these conditions is that you must "comply with and observe any restrictions and regulations which the company may consistent with the provisions of this lease make to govern the use of the estate and any part thereof". It is on this basis that we engaged a Parking Company to reduce the number of unauthorised motor vehicles that were causing other leaseholders to demand that we took action to eradicate the problem.

You are incorrect in further stating that the parking company does not offer an ADR complaints procedure. Indeed, the parking company is a member of the IPC that has an independent appeals procedure with the only approved ADR company authorised by government to deal with parking disputes.

We regret that we are unable to help further,

Yours sincerely

Flash34

I had incorporated all points that I had been advised above. I did include Slithy Tove's point on peaceful enjoyment of my property (yes land was the wrong word) and that any other restrictions would not take precedence over this

So much conflicting opinion on what to do, and now I feel I have shot myself in the foot.

Guys_Dad

You have not shot yourself in the foot as such but you have not sent the best of emails. I appreciate you have incorporated some of the advice given, but you need to think out your own case.

For example - you didn't state that your lease was signed after a PPC had been in place and there was no mention of parking and PPCs in the lease. The catch all in the lease reads "comply with and observe any restrictions and regulations which the company may consistent with the provisions of this lease make to govern the use of the estate and any part thereof" clearly applies to future activities and if there had been any existing conditions re parking, then these should have been in the lease.

Also, as the parking space was leased to you, then the only person inconvenienced should unauthorised parking in that space have occurred would have been you as leaseholder and absolutely no loss or inconvenience could have arisen for the management company. You do not require the PPC services.

You believe that appointing a PPC that penalises a leaseholder for a simple omission when using a leased space in a peaceful and lease-complying manner seriously impinges on the terms of the lease that the landowner has granted you.

You should have asked when the next AGM of the management company is, a copy of their contract with the landowner and that it is your intention to canvass all other leaseholders with a view to taking over the management of the estate if the PPC is not instructed to cancel all tickets issued to genuine leaseholders.

Furthermore, you want to know the financial arrangements between the management company and the PPC. etc etc.

I could go on and add other things and obviously these points would need expanding and written in a non-aggressive way.

Coupon-mad

Flash34 wrote: »

I had incorporated all points that I had been advised above. I did include Slithy Tove's point on peaceful enjoyment of my property (yes land was the wrong word) and that any other restrictions would not take precedence over this

So much conflicting opinion on what to do, and now I feel I have shot myself in the foot.

Guy's Dad wasn't saying you were wrong to email it - he was telling you what they'll come back with! You are playing this as best anyone can where a stupid Management Company has foisted a 'fox into the chicken coop' for no good reason except maybe because they make money from it. Someone makes money from YOU and your visitors, delivery drivers, taxis and any vehicle that arrives and falls victim. Not on, is it?

You can ask about the next AGM when they respond to you shortly (if they do not cancel the PCN) and tell the Management company that you will be raising this scam and will be asking at that public meeting, whether UKCPM are paying the Management firm a commission for each 'fake PCN' that is inflicted on residents. State that it beggars belief that this bunch of ex clampers are running riot among residents' cars for profit and it doesn't take a genius to realise that this is a money-making scheme and no service is being provided. A residential car park is better without a scammer.

Flash34

Thanks CM and Guys Dad (and everyone else) you have been very helpful to me

As a follow up below is the email i received back from the management company, which has riled me but i am going to try not to bite back as they are 'helping' me. When the charge is (hopefully) cancelled, I will be taking this back up with them.

Dear xx

Thank you for your e-mails in respect of the parking ticket you received.

The decision to have a parking management company at xxxx was made by the Board of Directors, who were duly elected to act on behalf of xxx Management Company Ltd. This scheme is implemented at no cost to the Service Charge and has proven very efficient in preventing people from parking in spaces not belonging to them. I, therefore, believe that it could, under different circumstances, also prove to be beneficial to you, should you find another car parked in your space.

I will follow up on the appeals procedure of UKPCM on my return next week, and in the interim, I will, as a once off, request UKPCM to look favourable on an appeal from you and remove the charge. As a gesture of goodwill, given that you state that you have parked in your rightful space, and with your undertaking to make sure that you will display a valid permit at all times to avoid further charges, I will forward your e-mail below to UKPCM and will feed back to you next week on my return, with more information on the questions you have raised as well as the terms of the Lease.

Guys_Dad

Well that is a result - of sorts. Requesting that a ticket being cancelled is the 2nd best the management company can do - demanding it is the best!.

When the dust has settled on this one, you might write to the management company thanking them but asking for a review of how the scheme is working and asking for an agenda item on the next AGM or Board Meeting to canvass all residents about the continuation of the scheme in the light of current experiences of how it is working.

If it has been in force for some years, then that is an even more reasonable thing to ask for. It would help if a few neighbours signed as well. You might draw a parallel to the forthcoming referendum on EU membership.

Let us know if the ticket gets cancelled.

Quentin

Flash34 wrote: »

Thanks CM and Guys Dad (and everyone else) you have been very helpful to me

As a follow up below is the email i received back from the management company, which has riled me but i am going to try not to bite back as they are 'helping' me. When the charge is (hopefully) cancelled, I will be taking this back up with them.

Dear xx

Thank you for your e-mails in respect of the parking ticket you received.

The decision to have a parking management company at xxxx was made by the Board of Directors, who were duly elected to act on behalf of xxx Management Company Ltd. This scheme is implemented at no cost to the Service Charge and has proven very efficient in preventing people from parking in spaces not belonging to them. I, therefore, believe that it could, under different circumstances, also prove to be beneficial to you, should you find another car parked in your space.

I will follow up on the appeals procedure of UKPCM on my return next week, and in the interim, I will, as a once off, request UKPCM to look favourable on an appeal from you and remove the charge. As a gesture of goodwill, given that you state that you have parked in your rightful space, and with your undertaking to make sure that you will display a valid permit at all times to avoid further charges, I will forward your e-mail below to UKPCM and will feed back to you next week on my return, with more information on the questions you have raised as well as the terms of the Lease.

Whilst this is looking promising, you do need to keep this uppermost - you do need to get confirmation from UKPCM themselves before this can be filed away.


So should you get any escalation by UKPCM in the form of a court claim, then you will need to deal with it (by entering a defence if a claim ensues) whilst keeping on at the management company to get the cancellation confirmed to you by UKPCM.

Flash34

Thank you, good advice

I do hope that the Management company do manage to sort this out. I will follow up with them on Monday to see that this has been actioned.

Half_way

What was this undertaking they say you took to display a permit? You should have given no such undertaking and only told them you may display it voluntarily as a courtesy at your own discretion.
If you haven't made any such undertaking then you need to clarify this as soon as possible, this could possibly cause you issues further down the line as it could be read that you agree to pay the ppc should you have any further permit issues and are perfectly happy with this.