PCN for parking in own parking space

jonnyjonny

We own the lease to our parking space.
Our estate is managed be a managing agent and they have recently instructed CPM to manage the whole car park.
Our permit slipped out of view on our windscreen and we received a PCN ticket on our windscreen.
The idea of paying a parking ticket for parking in a parking space that I own makes my blood boil.
Should I go through the process as described in the sticky thread about appealing, or should I appeal straight away explaining that I own the parking space and there has been some kind of misunderstanding?
I appreciate any advice.
All the best
Jonny

Umkomaas

Please appeal this exactly as per the NEWBIES FAQ sticky.

Here are a number of very recent and very relevant cases involving residential parking. The tide has started to turn considerably in favour of the owner/leaseholder/tenant and away from the PPCs who have jumped in with both feet into private residential estates, seduced by the whiff of easy money.

Very important reading in your research work to rid yourself of the issue you now have.

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

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

http://parking-prankster.blogspot.co.uk/2016/12/new-generation-parking-management-youve.html

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

http://parking-prankster.blogspot.co.uk/2016/11/pace-pulverised-in-croyden.html

Read the final court case transcript on this list 'Jopson v Homeguard' (2016) - linked below.

http://www.parking-prankster.com/case-law.html

From regular PePiPoo poster 'Lynnzer':

http://www.thebridesmother.co.uk/Media/residential-parking.pdf

jonnyjonny

Thank you, thank you!

Coupon-mad

You need to read other UKCPM threads and be aware this will not go away on appeal, but the NEWBIES thread tells you how to robustly challenge it. You say you OWN the space and you were parked in that space?

The idea of paying a parking ticket for parking in a parking space that I own makes my blood boil.

Indeed, so stop implying the right of access to UKCPM to your land then...opt out of the stupid permit scheme foisted on you. This will always threaten residents and their visitors, that's what these firms do. This is not a scheme designed to stop trespassers, you know, it's a cash cow for UKCPM and they have pulled the wool over the Managing Agents' eyes.

Loads of threads like this.

jonnyjonny

So we haven't received a NTK yet.

It looks like UK CPM are members of the IPC so I understand I need to wait about a month for an NTK.

However, it says on the ticket that the charge will increase after 28 days which is approaching. (1) Should I worry about the charge increasing or wait to receive an NTK?

We own the parking space, but there is a managing agent for the whole estate. We are not aware of anything in the lease that allows them to operate this scheme and the managing agents haven't been able to confirm if this has been set up in conjunction with the lease. They also say there is nothing they can do from their end to cancel the charge - (2) Do you know if this is true?

Thirdly, I have actually lost the ticket which has the appeal instructions on. I have a photo of the front of the ticket but not the back where the instructions are. The companies website only explains how to appeal by post. (3) Does anyone know how I can obtain the information to appeal online or by email, or are the companies not obliged to provide this? Maybe this will come on the NTK.

Thanks for any advice.

Coupon-mad

However, it says on the ticket that the charge will increase after 28 days which is approaching. (1) Should I worry about the charge increasing or wait to receive an NTK?

Wait.

The bribe to 'pay less'(!) is nothing for you to consider. You are not paying these bullies.

YOU OWN the space! Did you read Link v Parkinson and PACE v Noor? The actual judgment from the Judges in those cases?

the managing agents haven't been able to confirm if this has been set up in conjunction with the lease. They also say there is nothing they can do from their end to cancel the charge - (2) Do you know if this is true?

It's not true. UKCPM are their agents and there is invariably a clause in that agreement allowing a managing agent to cancel a few per month if they ask within a week or two. Converesely, if there is no such clause, the MA has failed you in another way, by not protecting residents by having a cancellation clause for genuine residents...

Be more assertive, have another go at the MA. And don't call it an 'appeal' or ask nicely or look for excuses as to what happened. TELL them to cancel that stupid fake PCN and that as you own the space you have never agreed to vary your lease to allow such a charge. So, they are guilty of derogation from grant and if the MA doesn't understand the legal implications of that they should seek legal advice. BE PUSHY.

Thirdly, I have actually lost the ticket which has the appeal instructions on. I have a photo of the front of the ticket but not the back where the instructions are. The companies website only explains how to appeal by post. (3) Does anyone know how I can obtain the information to appeal online or by email, or are the companies not obliged to provide this? Maybe this will come on the NTK.

You don't need the 'PCN' because you are waiting for the NTK then you will go through the motions of a challenge, which UKCPM will refuse, then you ignore, etc.

But ultimately you will have to defend this in court unless the MA cancel it asap so speak to the top MA Manager and rant. REALLY ANGRY. And opt out of the entire scheme telling them in writing you never agreed to it and you own the space so their agent is trespassing.