Parking ticket charges on the residential area where we leave.

BEA76

We were wondering whether anyone could help on our case as below:
We are the tenants occupying the flat in the residential area on privately owned land. We moved into the property shortly after it was built as part of the affordable housing scheme in April 2014. We were offered our flat by BPHA in replacement to the other one bedroom accommodation which we were at the time occupying. We signed a contract with BPHA as we urgently required another bedroom for our almost 6 years old growing son and the rent was reasonably priced as well. We were not given an allocated parking space but were explained by BPHA that there
would be a small number of "visitors" parking which we would be able to use. When we were moving in the parking arrangements were still in process (such as numbering of the spaces) and we did not realize at the time that parking was going to become a serious issue for us. The "visitors" parking spaces were never created (we got to know that there were at the end sold to the owners of the other flats at this area), the non restricted parking along the nearby Road is usually taken by the residents who live at that Road (or their visitors), the road is also interrupted with a lot of residential driveways which cannot be obstructed. The parking on that Road is very limited and never guaranteed and the closest available spaces which can be usually found by us are approximately 0.2-0.3 miles away from where we live.
In year 2014 I became pregnant and in February 2015 our next child was born. The access to the property became even a bigger problem. It became absolutely impracticable to park far away from our flat trying to carry weekly shopping while pregnant and later on with the baby itself and its equipment. It is also worth to add that we live on the second floor without a lift where everything needs to be carried manually via the staircase.
We are not the only family living here with this problem, most of the tenants here are parents with at least one or two small children (around 24 families in total) of which some are yet unable to walk on their own.
We find it hard to understand why such basic facility as parking space was not provided for residents here, especially in the current times where statistically the average household owns
approximately two cars. Based on our observations there are always around 20-30 free/ unused parking spaces at our areano matter day of the week or time of the day/ night and we cannot
comprehend why they were not made available to all of the residents equally?
Even in decent populated city centre of each town everyone has a possibility to park or at least to
purchase a yearly parking ticket (which may cost between £150 - £250) enabling them to affordably park in the area they live, unfortunately we were not given that option...
When we were moving into the property we weren't informed about any applicable parking charges, neither there is any information about it in our tenancy contract which we signed at the time of moving in. The CPM Uk car Park information tables on the outside building walls were only hang last year and we do not consider ourselves committed to the rules constrained on them, neither we consider the imposed on us now extremely expensive parking charges
reasonable.
We are genuine tenants and require a sensible and decent access to the place, instead we are being haunted by notorious "parking charges", "debt collection" "court action" or "investigation enforcement" letters which we keep receiving from the CPM Uk car Park Management or Debt Recovery Plus companies.
On several occasions we wrote to the CPM Uk car Park Management or Debt Recovery Plus companies with the appeal but have not received any constructive reply since apart from further letters with demands for payment. We have recently received two representations made through county court which we are trying to defend..
We are confident that our current situation we were left with is being well deployed by CPM in trial to make a flourishing business, we feel like we are being trapped in this situation and we do not know how to escape it. Please help!

safarmuk

First and foremost read the Newbies thread on this forum whilst you wait for an expert to come back to you on this thread. This will familiarise you with a whole host of terms, make them clearer to you and allow you to relate them to your situation.

Secondly make a second post confirming how many PCN's (Parking Charge Notices) you have and at what stage they are at (e.g. it is just received the PCN, getting debt recovery letters, is it letters from solicitors or is it real court action). You will then link this to the advice on the Newbies thread.
Where are you parked when you get your PCN?

Thirdly, this is not uncommon for Management Companies to implement these types of schemes. The key here is your lease/tenancy agreement. Do you have a copy of it and what does it say about parking and access? Specifically look for clauses such as "a right, on a first come first served basis to use unallocated or visitors spaces" or "rights to pass and re-pass at all times and for all purposes of access to and egress from the property"

Fruitcake

Suggested reading on how to deal with private parking charges is the Sticky thread for NEWBIES.

For your particular situation, have a look at the "Jopson" case blogged about by the Parking-Prankster on his website where a judge basically said what you are saying. A third party cannot add on any terms and conditions to an existing tenancy agreement.

Find the judges exact words and then use them in any correspondence with the parking company.

Only ever respond as keeper, not driver. The NEWBIES explains why, but it gives additional protection to the motorist by not revealing the driver's details. Never say, "I parked£ or anything like that.

twhitehousescat

you may well find that the planning permission / conversion was only granted on proviso that "x" number of parking spaces (off road) were provided , why not ask at the planning office , the housing assoc my have simply abandoned the buying of land stage at the end to save costs , whoa land is being looked after by CPM Uk

safarmuk

Knowing who the Management Agent and the Freeholder is would be useful information for you.
Worth speaking to both, from experience the former was not particularly helpful but the latter was very helpful and now the former is also being made to be helpful!

First things first, establish where you are in your PCN journey (i.e. not about to go to court) and then secondly tackle it using other options.

Half_way

We were not given an allocated parking space but were explained by BPHA that there
would be a small number of "visitors" parking which we would be able to use.

do you have this in writing or as an email or was it verbal?

The_Deep

Some reading

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

http://parking-prankster.blogspot.co.uk/2016/12/link-parking-and-overstone-court.html

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

http://parking-prankster.blogspot.co.uk/2016/11/link-parking-lose-in-wrexham-flat-owner_2.html

http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html

BEA76

"We were not given an allocated parking space but were explained by BPHA that there
would be a small number of "visitors" parking which we would be able to use".
” do you have this in writing or as an email or was it verbal?"

I do not have that in writing but several tenants can confirm that they were told the same.

BEA76

"The key here is your lease/tenancy agreement. Do you have a copy of it and what does it say about parking and access? Specifically look for clauses such as "a right, on a first come first served basis to use unallocated or visitors spaces" or "rights to pass and re-pass at all times and for all purposes of access to and egress from the property"

I found two bullet points that might refer to us (regarding parking):
- You must not...park on land owned by us, except where it is designated for parking
- You may park a car :
- at your home if you have a parking space or garage
- in an authorised, marked parking space or garage

The above are extracts from a standard Tenancy Agreement booklet we received, it does not however mention about any charges which will apply in case of parking or "holding up" to offload.

On the other note the booklet also informs about "varying the terms of the agreement":
"With the exception of any changes in rent or service charges, or as a result of government legislation, the agreement may only be changed by:
Agreement between us and you; or
Providing you with written details of the proposed changes and a statement explaining their effect. We will ask for your comments and give you a reasonable time to reply..."

I suppose we could argue that the implementing the parking charges was a variation of terms of the agreement (as it was implemented about a year after we moved in) which in reality was not agreed between two parties?

twhitehousescat

I suppose we could argue that the implementing the parking charges was a variation of terms of the agreement (as it was implemented about a year after we moved in) which in reality was not agreed between two parties?

yes , you would need to be issued with a new lease , with the new terms written in it

safarmuk

Ok, so you need to find out who engaged CPM - e.g. who is CPM's Client. Then you need to speak to them about what they have implemented and why. Start by contacting the people you have the Tenancy Agreement with.

Where did you get your PCN(s), in a bay, on the street and what was the reason they gave for giving the ticket?

Be warned however (from experience) some people who engage CPM will care and others won't give a damn. So this might not be a simple process but one definitely worth trying.