PCN in residents car park

Jhpt

Firstly, thank you all for reading this and I do apologise if some of this has indeed been covered before. I have spent a good period of time reviewing this forum and believe I have a very strong case to appeal my PCN.

As it stands;

Park in residents car park in space I'm entitled to as per my tenancy agreement. Display valid permit however upon closing the door I can only assume ticket has slipped on to seat. Arrive at my car next day to discover I have been the lucky recipient of a PCN from UK Car Park Management (CPM).

Naively I appealed as I assumed my tenancy agreement supersedes any contract with CPM and thought providing evidence of my residents permit would lead to this being cancelled - alas no!

I was wondering if I could ask your help in appealing this ticket based on a few factors;

1. Do they have agreement with the land owner (not the management company) to dish out tickets.
2. Does my tenancy agreement supersede their "contract"
3. The PCN claims they are members of both BPA and IPC however upon further investigation they are only registered with the IPC.
4. PCN issued on 8/1/17 states I have 28 days to pay 100 or receive a reduced rate of 60, appeal rejection letter 1 on 20/1/17 states I have 14 days to pay 60 or 100 until day 28, and appeal letter 2 (a decision has already been made) on 31/1/17 states I have a total amount due of 60 and if I do not pay in 21 days additional charged may be incurred. Clearly these multiple dates are confusing.
5. The signs are not clearly lit at night (when the car was parked)
6. Appeal rejection letter 2 was responded to by a different agent that the letter was addressed to
7. Are they storing my data according to data protection laws state.
8. This is clearly a penalty and does not equate to any loss of revenue to the land owner.

Are these all valid points? Have I missed anything out?

Thank you so much! :beer:

Redx

I think you get the gist of it there

put JOPSON into the forum search box and read all the similar cases on here regarding residents and their tenancy agreement beating any stupid riules by parking companies

like this one

https://forums.moneysavingexpert.com/discussion/5560729

and read the case where the reality star recently won against VCS too (OVER HER EX FLAT IN LIVERPOOL)

and this PP blog

http://parking-prankster.blogspot.co.uk/2017/01/ukpc-cancel-1500-of-residential-charges.html

and

http://parking-prankster.blogspot.co.uk/2017/01/resident-counterclaims-against-ukpc-for.html

plenty of others to read on the PP blogsite too

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

and OVERSTONE COURT

http://parking-prankster.blogspot.co.uk/2016/11/test-cases-scheduled-for-overstone.html

yes you can and should appeal it, but they wont back down , so dont expect it to be cancelled without a fight (there is no profit in cancelling)

they can be members (registered) of both trade bodies, but they pay the IPC for the IAS service , not the BPA for the POPLA service , so they only appear on the IPC AOS , doesnt mean they are not corporate members of both , many are corporate members of both trade bodies (so irrelevant)

ie:- I have say 2 bank accounts ( current accounts ) with 2 totally different and independent banks , one pays my bills the other doesnt , so what ?

take the MA to task over this , and the landholder or freeholder, have a real "go" at them and get the other residents on your side and fighting with you. its the best way to fight these sc@mmers who think they have a captive audience and think they can go into the henhouse by the open fox door and take nips out of the hapless "victims" because the MA has given the fox a key

Coupon-mad

Naively I appealed as I assumed my tenancy agreement supersedes any contract with CPM and thought providing evidence of my residents permit would lead to this being cancelled - alas no!

I was wondering if I could ask your help in appealing this ticket

You have it all right except for ONE thing. There is no further 'appeal' worth trying but the facts will be those you can use in defence, if they try a small claim.

Read the NEWBIES thread first.

Read other UKCPM threads after that. We answer the same questions every day and you will learn so much more (e.g. how often do UKCPM try small claims, does this affect credit rating - no, not if defended, even if lost) etc. by simply putting 'UKCPM' into the forum search and reading a dozens similar threads from 2017 alone.

Come back if a small claim arrives, or a solicitor's letter.

DO NOT PAY. Do NOT try the IAS; the reason for this is fully explained in the sticky thread.

safarmuk

take the MA to task over this , and the landholder or freeholder, have a real "go" at them and get the other residents on your side and fighting with you. its the best way to fight these sc@mmers who think they have a captive audience and think they can go into the henhouse by the open fox door and take nips out of the hapless "victims" because the MA has given the fox a key

It's like deja vu ... all of the above is completely correct.

As RedX says, get in touch with the Management Agent or get your Landlord to instead and ask them to get the ticket cancelled - as this is CPM I suspect they should be able to. Unless the lease your landlord has explicitly says it (and I doubt this very much) they have no right to ticket you in your allocated/reserved bay. If the MA faff about get your landlord to escalate to the freeholder.

I also agree with getting all the other residents involved (although this can prove difficult as people are lazy) and complaining. Your MA should put safe guards in to stop this sort of thing occurring. It's ludicrous.

Don't suppose this is in Hertfordshire is it?

Guys_Dad

If this goes further, then you will almost certainly need a copy of your landlord's lease itself to claim primacy.

Please confirm your tenancy agreement has no reference to any parking t&c and is as vanilla in its wording as your posts imply.