CPM ticket while parked at the allocated parking

Coupon-mad

I have until 11 April to pay the fine.

It's not a fine and the deadline to pay the scam 'invoice' is made up.

So shall I fight with the letting agent to get it cancelled (which may pass the 11 April deadline) and if the refuse it then what happens?

You might get a solicitors' letter then a small claim to defend and win (because you were never issued with a permit and have rights to park).

Or shall I pay the fine and get the refund from the agent becuase the CPM guys are right in their saying that I failed to display the ticket?

It is not a ''fine'' it is a scam invoice - you will have NO CHANCE of a refund. NO, do not pay it.

Your letter would be fine if it was aimed at the Managing Agents (who contract this bunch and can cancel) not the letting agency, who can't.

raselmahbub

Thanks Coupon-mad!
I do not have any other contact in regards to my tenancy. The letting agency are the only people I know and I do not know whether they are the managing agent or not. I think they are not. But I am sending this email to the letting agent anyway because they are the only point of contact. And if required, they can contact with the Managing agent or whoever they think would be appropriate.

The_Deep

... So shall I fight with the letting agent to get it cancelled (which may pass the 11 April deadline) and if the refuse it then what happens?

As I said before, this is not a matter for a LETTING agent, it is for the MANAGING agent, preferably via your LANDLORD. Ask for his/her name and address, and ask him/her to put pressure on the MA.

Ignore the so called deadline, the PPC are trying to scam you. you do not owe them a penny. You have all the trump cards here, but you need to learn how to play the game before you use them. If you put in a bit of time and effort the final result could be them paying you money for their hubris.

Half_way

did you read the document I linked to previously?
your letter to the management agents seems
a little fluffy to me. you need to leave then in no doubt that you are not happy with the situation.

The_Deep

AIUI, the OP has not contacted the MA, he/she does not know who they are.

Guys_Dad

Your landlord has a lease with the landowner who has a managing agent.

When you took on the tenancy, whatever agreement you made with the letting agent is subordinate to the lease and arrangements that the leaseholder (your landlord) has with the landowner. For all any of us know at present, your landlord may have been in agreement with the introduction of a PPC or their lease may mention Parking conditions.

You need to advise your letting agent - and here I disagree with the Deep - that they failed to provide you with the necessary permit to park your car and that they will be held liable for their error/omission.

Most certainly, you can try to involve the managing agent as well, but they may not be prepared to help as you are a tenant.

Opting out. Only your landlord can opt out his leased property and parking space from the arrangement - if he is prepared ultimately to go to court to argue that his lease allows him to do this.

Quite a bit of ifs and buts there but the real issue is simple. You should have been given a permit and because you were not - or proper instructions about the scheme and what to do - the landlord and his letting agent should be put on notice that you will seek retribution from them if this is not cancelled.

Meanwhile, you should try your luck with the managing agent and put in your appeals.

raselmahbub

Thanks Guys Dad!
Since I do not know the Managing Agent or the Landlord, my only point of contact is the Letting Agency. And I have already sent an email (my last post) to the letting agency. Now reading your post it seems that the chance is very little that the agency will do anything.

In the mean time, today, I have received another warning letter from UKCPM to pay the £100 pound otherwise it will go up to £149 after the deadline is over which is 11 April.

Guys_Dad wrote: »

You should have been given a permit and because you were not - or proper instructions about the scheme and what to do - the landlord and his letting agent should be put on notice that you will seek retribution from them if this is not cancelled.

How do I do that?

Guys_Dad wrote: »

Meanwhile, you should try your luck with the managing agent and put in your appeals.

How do I appeal to the managing agent? a) I don't know who the managing agent is b)even if know them they did not impose any charges.

And lastly, do you think I need to send a response to the CPM just for the sake of having a proof that I am not ignoring them as Coupon-mad's signature says DON'T PAY BUT DO NOT IGNORE IT

Many thanks

Guys_Dad

Point 1. You simply put in writing to the letting agent (after checking what it says in your tenancy about parking) that you will be holding them liable and will be expecting that any costs incurred re this as a result of their failure to provide the permit or info about it to be reimbursed by them.

Point 2. You ask them to ask the landlord who the managing agents are and what his lease says re parking.

And the increase from £100. They can't claim more than the charge apart from any court costs, so don't be scared by escalating fake charges.

raselmahbub

Clauses in my tenancy agreement re parking:
15. Cars and Parking
15.1. To park a private vehicle only at the Property.
15.2. To park in the car parking space, garage or driveway allocated to the Property, if applicable.
15.3. To keep any garage, driveway, or parking space free of oil and to pay for the removal and
cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
15.4. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
15.5. Not to park any vehicle at the Property that is not in road worthy condition and fully taxed.

I have already sent an email to the letting agent. Will send another one tomorrow including your points.

And also wanted to clarify that even I am not paying anything to those parking people, do I not need to respond to their letter or shall just ignore them while I am sorting this out with the Managing/Letting agent and the Land owner?

Umkomaas

There's nothing more you can do directly with UKCPM. You've sent your initial appeal which was rejected.

The only way to kill this off is via a MA cancellation, or a judge telling UKCPM they have no case against you. Either of the above is feasible.

See how you get on with the MA, and come back if court papers are served against you. There's nothing more you can do - other than read some other threads about UKCPM court cases (they try a few each year, but they can't possibly take every non payer to court, as they lose money - their costs of doing so exceed what they can recover). Learn how others have fought them and won.