CPM ticket while parked at the allocated parking

raselmahbub

I have emailed them as GD suggested about the Small Claims Court.

As I have already mentioned in my previous emails and you also agreed to the fact that as a letting agent it was solely your responsibility to provide me with the permit before I moved into this apartment. Without the permit I violated the rule the very first day I moved in and parked my car at the garage.

And again, even though there are signs everywhere, I had no reason to read those signs because
a) no where it is mentioned in my tenancy agreement that I need a permit,
b) I was told that the flat comes with an allocated parking space by your letting negotiator and I signed a legal contract with you and for that reason, I did not think I was violating any rule by parking in the allocated space which is also marked with my flat number and
c) the parking space is inside a privately gated parking complex which requires a key to access. You have provided me with the key to access to that garage, if it was required, I should have had it at the same time.

I am really disappointed with the unprofessional approach in dealing with this matter by you and your company.
In all your emails you admitted that it was your fault not to provide me with the permit and promised to get this resolved either by cancelling this or reimbursing the amount; and now you are turning this to me.

If necessary, I will seek to recover the amount and all other expenses that may incur, from you and the landlord through the Small Claims Court.

In my last email, I requested you to provide me with the contact details of the landlord and the managing agent of the parking space. I am still waiting for that.

Received a response today ....they offered me £50 :j

Generally our inventory clerks leave the permits in the property for the tenant and it was not reported to me by yourself that you were missing one otherwise I would have organised this straight away as I did so when you told me about the ticket so I assumed up until this point that you had in fact got the permit.

I have spoken to my team leader this afternoon, to settle this matter Prospect will be prepared to contribute £50 towards the parking fine.

If you could please confirm the bank details in which to send this money to.

Any Suggestions?

Guys_Dad

I would take the money and fight the PPC based onthe primacy of the lease, not the tenancy agreement.

The way you do that is to ask any neighbours if they would be kind enough to look at their lease and to let you know if there is anything about parking. If one of them is friendly enough to give you a copy of the relevant paragraphs, brilliant.

Then you go on the primacy point, but you can't really fight primacy on the tenancy agreement.

As an alternative, you could hardnose it with the tenancy agents and try to hold them 100% liable. Might affect renewal of your tenancy agreement though.

raselmahbub

Thanks GD.

Just wondering why everyone else is so quiet.

Based on everyone's response here I decided to fight this and now it seems only GD is responding to my posts.

Ok GD, since I am completely new in this block, I think its not going to be possible go get a copy of the lease. I will try. What do I do now? take the money, pay the £149 to the DRP guys and get over with it?

Thanks

Guys_Dad

Never pay a debt collector. Only the PPC can take you to court and only claim the £100.

I would make friends with neighbours!!!

Marktheshark

Ask any owners if they have a copy of a lease, they will be the same.
You generally find they dont mention permits, these scam artists are brought in by management agents who get too big for their boots and forget who employs them .

Coupon-mad

Just wondering why everyone else is so quiet.

Because your thread is ticking along nicely with good advice from Guy's Dad and the forum is sooooo busy this thread is on page 3 now, so only a few of us look back that far each evening! Me and Marktheshark only tonight, no others will have seen this on page 3 as it was too far down, until we bumped it.

I agree with GD. Take the money and run. The only thing I disagree about is, based on other cases we've seen with tenants, I say you can certainly fight primacy of contract on the basis of your tenancy agreement and provision of a space and key for the gated complex, though. You were granted a right to park there and the signs were not part of the terms.

raselmahbub

Sorry to bother you again GD...just to clarify the point you made. Do I wait till it gets to court? and if it gets to court wouldn't there be any other cost involved?

Coupon-mad

No.

If a case is lost at small claims it typically costs about £150 - £175. No big deal and we win 99% of claims we assist with here.

Come back if you get court papers.

raselmahbub

Thanks CM. Nice to have some different views on the topic.

So, if I get your point right, all I need to do now is take the money from the agent, and wait till the CPM guys take it to the court and I get the court paper.
Provided that I am not able to collect the original lease paper between the landlord and the managing agent, I still have a strong chance of winning the case based on my tenancy agreement and other points i.e. key to the garage etc.

Coupon-mad

Yes you have a strong case and will be £50 up, so even a loss at a hearing wouldn't be terrible! But most win.