CPM Penalty Ticket Assistance Required

Quentin

The_Deep wrote: »

Poor advice Quentin, this is an "own space" ticket. OP may have superior leasehold rights. leasehold/AST rights to quiet enjoyment may have been compromised, PPC may be trespassing on his/her land, OP may have a case for suing for unauthorised access to personal data, may have breached KADOE.

As for not naming the driver, it is an "own space" ticket, what does it matter?

You misread (or never read) the op's questions that I replied to.

(He asked whether it was worth writing to the ppc and confirming he wasn't the driver, after he had told IAS he was, and I replied not to bother!)

The_Deep

Quentin wrote: »

You misread (or never read) the op's questions hat I replied to.

(He asked whether it was worth writing to the ppc and confirming he wasn't the driver, after he had told IAS he was, and I replied not to bother!)

I read it. I am satisfied that, (as usual), I am right, and you Good Sir are mistaken.

hairray

Thank you everyone for continued support.

Half_Way, should I write CPM and state I do not require to display a permit according to my lease?

I am currently trying to find out who instructed CPM, I suspect it's the builder based on the fact they are still developing on site and they attempted to have the ticket removed. In the builders representatives own words:

"Apologises for the late response.

I have spoken to CPM and unfortunately because you raised this to the IAS and they rejected the appeal, CPM can no longer cancel the ticket. Noting this I unfortunately cannot assist any further with your query."

Again, thank you to everyone who is lending a hand. Out of principal I find this invoice impossible to pay.

Coupon-mad

Be really robust about these letters, nothing weak. You can sue the two parties and you need them to know that and stop washing their hands of it (but make sure the second party is the one who contracted with UKCPM, which I also suspect is the builder as they replied with knowledge about the IAS which kind of gives the game away that they must have spoken to UKCPM!).

There is certainly something they must do. Cancel the PCN, stop harassing you and very possibly, pay you compensation!

Have a look at the two examples of letters linked in my reply in post #15 here:

https://forums.moneysavingexpert.com/discussion/5588399

If it were me I would be issuing LBCCCs this week, demanding £250 and the data deleted from their systems or a court claim to the Builders and UKCPM will follow. The builders might not realise it but they remain at all times, jointly and severally liable for the actions of their agent, including DPA data misuse by the data controller in obtaining DVLA keeper's data with no reasonable cause because:

it is my designated parking space and CPM failed to provide me with a permit,

...so you have that space demised to you and the parking firm failed in their duty to supply a permit and in any case, your leasehold title gives you primacy of contract so the builder also failed by virtue of 'derogation from grant'. All those terms are explained in the Prankster's Blog.

Be MUCH more assertive, a LBCCC to both parties in the style of the ones I showed that poster. Then if they do not respond within the date you set (28 days is more than fair) you can sue them. Ask for help with wording for a claim.

And by the way, stop agreeing to display a permit in a space if it is demised to you under your leasehold title. Stop giving them the excuse, opt out and tell them that any further encroaching into your demised bay is trespass and any demands for money are unwarranted harassment.

hairray

Thank you for your detailed response Coupon, I've taken a look at the posts you have suggested. I'll have a better look tomorrow and compose a letter to both CPM and builder.

hairray

Hey Coupon,

In reading the links you have kindly shared with me, I noticed the grounds for compensation appear to be breach of the DPA.

I believe that in trying to appeal the parking invoice to UKCPM and IAS that I have provided them with the information they required.

Should I avoid claiming compensation in relation to DPA, more so for the threats of bailiffs etc?

Thank you.

Coupon-mad

As you gave them your data, in order to have a claim later under the DPA you can use this exchange of letters to establish that you have told them the facts, and served a Section 10 Notice under the DPA telling them to cease processing your data. That way, if they do not let up, and/or start a claim, you can show the court in a counter-claim, that you issued a Section 10 notice at this point after months of hassle and established beyond doubt that their demands were causing significant distress so there could be no lawful excuse to continue harassing you.

Your case is a bit like this one where this poster is working on a similar letter where she gave them her data initially but is now stating they must stop processing it:

https://forums.moneysavingexpert.com/discussion/5588399

Best to say within the letter, why you object to the processing and the effect it is having on you to deal with this unwarranted demand. Here's a section from one written by another poster about this:

This communication is an objection to processing, also known as a “section 10 notice” under the Data protection Act (DPA).

You are hereby instructed, with immediate effect, to cease all processing of my personal data for any purpose whatsoever. You are further instructed that you may not make, or attempt to make, contact with me via telephone, email, text message, instant message, social media, post or any other method, electronic or otherwise.

I have no relationship with you, I have never sought to employ your service; I have never entered into any form of contract or formal agreement with you. I find your contact and demand for money due to a car being properly parked in my demised space (with full authority under the grant of the lease) unwelcome, intimidating, threatening and extremely upsetting. In fact I would say that the lies about being 'unable to cancel' a charge and the constant unwarranted demand letters are harassment and are causing me significant personal distress.

You also need to make it clear that the builder remains jointly and severally liable for the conduct and actions of their agent, including processing data outside the DPA Principles and harassing a resident who has primacy of contract and a demised space.

hairray

Coupon,

Thank you for replying, again with some great advice.

I'll get a letter to the builder and CPM, I will let the builder know that I have served the section 10 notice.

I have wrote in the letter to the builder that as they have two (reportedly) failed attempts that I expect them to pay for the charge, backed up but some of your other suggestions...primarily the need to pay for parking above my agreed service charge and ground rent.

Life can be challenging enough without companies like UKCPM taking advantage of people. You've put my mind at ease a little and I am beyond grateful for your care and attention on the matter.

R

hairray

Hey Coupon,

I sent letters to both CPM (Section 10) and the landowner (Jointly liable - sort it).

The land owner acknowledged the email and today is their deadline is today for their response - I gave them 14 days. They haven't responded.

As of yet CPM haven't responded to the section 10 notice, they've had this for about 6-7 days. I doubt I'm out of the woods yet with them!

May I ask what would you do regarding the land owners lack of response?

Regards,

Raymond

Coupon-mad

I would wait - and a Section 10 Notice has 21 days to respond.