Fine for parking in own space! CPM UK Ltd.

Investor88

Hi guys -

I have my own car parking space for which I need a permit. I have owned my apartment since 2003, and CPM have been recruited my the management company to issue fines for cars which outstay their welcome. Since i own my own car space, I object to having to pay to park in my own space so I have not bought a permit since moving back into my flat. I have had three parking fines in as many days! I have drafted a letter - would someone have a look and let me know if the wording is ok?

Very grateful in advance for your help:

To whom it may concern,
This letter is a formal challenge to the issue of your Parking Charge Notice. I am appealing on the basis that the penalty charge notice is invalid as it requests payment for failing to display a PCM UK valid permit. I would like to inform you that I have no obligation to park with a permit as per the following:
1) Own parking space: On the days that the parking charges occurred, the keeper of the vehicle was the owner of 45 ##'' Road. The deeds to the property of which the keeper owns mention nothing about needing to display any sort of permit, and as such, override any agreement that is currently in place with the management company.
2) Freeholder of the land: As a legal shareholder of the freehold, the keeper of the vehicle is entitled to enjoy their own parking space on my own land as they wish.
3) Genuine Estimate of Loss: The parking charge you are imposing is punitive and therefore void (i.e. unenforceable). The £100 parking charge is arbitrary and disproportionate to any alleged breach of contract or trespass. If it is your case that a trespass was committed or that a contract was breached such that your claim is one for damages, please give me a full breakdown of the actual loss you say was suffered by your business.
If you reject this appeal or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the contract held between yourselves and the land owner and the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.

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Thank you.

bod1467

Please edit your post to remove the address ... PPC scammers also peruse this forum.

Ditch point #3 ... it's not a winning point these days.

Depending whether CPM are in the BPA or IPC, use the relevant appeal from the NEWBIES thread then add your points 1 and 2.

Coupon-mad

Wow, if you own a share of the freehold, WHY has someone allowed this bunch near your cars? Get rid or tell the management company (as a group of freeholders) to get shot of them!

What/who made you think you need a permit to park, when you own that land as freeholder?

Half_way

I have my own car parking space for which I need a permit

do you? are you sure?
I have a toilet, but i dont need a permit to use it after 10pm, if someone told me i had to have a permit would i need one? would i be able to appeal to poopla?

check the terms of your lease, especially any bit relating to parking, and also look out for the so called catch all - something along the lines of the management company may take reasonable action to ensure the smooth running of the estate, a private business using your space/land for its own profit is anything but reasonable

dazster

Not clear to me exactly what the tenure is over this parking space. Do you own it or does your leasehold simply give you the right to use it? What's the exact wording in your leasehold?

What's this "legal shareholder of the freehold" all about? Are you saying the leaseholders have bought the freehold? Not that this necessarily helps much: as just one shareholder you could only change things (e.g. kick out the management company, or order them to fire the PPC) if you could get a majority to go along with you.

Investor88

Yes - its all a bit complicated and convoluted!

1) I own the parking space as part of my lease. The lease says nothing about a permit
2) I am one of five other leaseholders who bought the freehold, therefore I own the land
3) The management company was taken over by one of the leaseholders - this means cheaper service charge for us all. However, one of the directors of the management company took it upon herself to hire these idiots as she is very protective of the parking space (lots of people coming to park in the carpark).

This has caused me enough grief

Marktheshark

Dear parking firm, please explain why you are running your profit making business upon my land.
Then you can also explain why you think I owe you a fee for trespassing on my own land.

PS. I Would contact your company solicitor before replying, this might be about to get very expensive.

Yours the freeholder of the land.
Yes Freeholder.

System

one of the directors of the management company took it upon herself to hire these idiots as she is very protective of the parking space

Did she have the authority to bind the management company to a contract? What were the arrangements

Essentially you are not the freeholders but shareholders of a company that owns the freehold. If you have allowed that director to enter into contractual arrangements you may find it expensive to get out of it.

Get a copy of the contract from her and post it up here. She can't refuse to give you one.

ampersand

Continue the lunacy by seeking your share of the profits of this [potentially self-funding, in part] scam.

dazster

Wow, you are in a bit of a bind! Normally we would advise going for the jugular of the management company, but in this case it seems that 20% of whatever costs you succeeded in causing to the management company would come out of your own pocket!

So best go with the suggestion of writing to the parking company only telling it:

(i) you are the leasehold owner of the parking space i.e. you are the landowner, and they do not have your authority to operate in your parking space; accordingly they are acting without landowner authority and their invoice is void and unenforceable;

(ii) to cease and desist trespassing on your property and warning them that they leave themselves open to a claim in trespass and an injunction.

Separately, as advised above, you need to get hold of a copy of the contract with the PPC and see what it will take to get rid of them (or at least have your parking space excluded). As a 20% shareholder and presumably a director of the company you should be able to get this on demand!

Once you know how the land lies contractually you can decide what to do, which might involve getting two of the other shareholders/directors to join you in overruling this woman.

dazster

ampersand wrote: »

Continue the lunacy by seeking your share of the profits of this [potentially self-funding, in part] scam.

Great idea!