CPM ticket while parked at the allocated parking

safarmuk

Regarding the landlords details (name and address) - aren't they on the AST itself? I thought they had to be.

Also an additional vote for contacting all your neighbors and finding out what they think of this parking scheme and who the Management Agent are - if they are owners they will know because they will pay them the service charge either annually or every six months.

[Deleted User]

This is all about chain of contracts. If you have a valid assured shorthand tenancy and the original lease (the head lease) confers absolute right to park there - ideally without a duty to display permit - that will trump any ticket.

The head lease can be easily obtained for less than £10. That cost can be reclaimed from the PPC if this goes to Court.

As others have noted the DRP ltd letters are fairly outrageous, unilaterally adding to the charge, asserting what arguments the PPC may make at court (guesswork at best and/or misleading) and stating that solicitor costs will be recoverable (they won't).

Do bear in mind that if you accept the £50 you will be unable to recover any further costs from them and it is not clear that you yet have a permit either!

Finally it remains possible that the PPC don't have the correct chain of contracts in place to bring court proceedings in the first place. As such, if you have time and commitment there are good arguments to challenge the ticket

raselmahbub

Thanks Johnersh.

The head lease can be easily obtained for less than £10

How do I do that?

And Safarmuk, what is AST?

DoaM

AST = Assured Shorthold Tenancy, what you must have signed when taking up the tenancy of the property.

The_Deep

The managing agent may have their letterhead on any notices on notice boards. They usually give a number to call in case of an emergency. You could ask a gardener, janitor, or cleaner who the MA is.

Managing agents manage buildings, letting agents find tenants for landlords. They sometimes manage the tenancy for the landlord, but not always.

I very much doubt that a letting agent could be held responsible for a failure to pass on a parking permit, or even to be aware that one was necessary unless the landlord mentioned it.

safarmuk

Sorry @raselmahbub, I should have clarified what AST meant, I wrote my post in a rush. Thanks to @DoaM for clarifying.

Agree with The Deep, finding out who your Management Agent (MA) are should not be difficult at all - in the ways he suggests - and the MA should then simply cancel the ticket ... although there is also a good chance that even though they should they will be belligerent about it and try to refuse to get involved.
Find out who they are, get in contact and let us know what they say, this could be the end of your issues but if not we can then advise further.

raselmahbub

Thanks guys, really appreciate your help.

I will definitely check if I can find anything on the managing agent as suggested by The Deep and then update you on this.

In the mean time, small update -
Yesterday, I replied to the letting agents email -

There were so many things you failed to provide at the time of hand over. I could not even move into the flat until a week after my tenancy started.
I am still waiting for the second key fob to be delivered.

What? you do your job based on assumptions? Well I am not going to pay for your wrong assumptions.

This is my third email requesting you to provide me with the details of the landlord and the managing agent of the car park. Also I am requesting you to provide me a copy of the original lease agreement of the land lord. I have the full right to access these information under the Landlord & Tenant Act 1985 and 1987.
In the mean time if you need my bank details to reimburse the amount:
MR xxxxx
Bank: xxx
Account xxxxx
SortCode: xxxx
I have also attached the DRP letter for your convenience.

And she replied today...

Thank you for your reply.

I cannot give out the landlord details unfortunately however please find below the car park management details:

UK CPM 08454635050

Could you confirm what you mean by the original landlord lease?

She gave me UK CPM's number..:rotfl:

And also refused to provide the landlords details. Seriously? Can she? I just did a google search and found this .... failure to provide the information ‘without reasonable excuse’ is a criminal offence punishable by a fine. http://www.landlordlawblog.co.uk/2014/05/29/a-tenants-right-to-know-his-landlords-address/

Thanks again everyone!

safarmuk

Do you have a copy of the AST (Assured Tenancy Agreement) you signed when you took to renting the property? If you do then the landlords details should be on that document (along with yours). Can you please let us know if you have a copy of the AST or not?

I suggest you knock on a few doors as well and find out about the MA and check the noticeboards for any notices, letters etc. that should give you some information on the MA that we can probably verify for you.

When you have done the two points above let us know what you found out and we can then advise further.

raselmahbub

Thanks safarmuk
I have checked the AST and yes, landlord details are there, but unfortunately the landlord is actually based in Dubai. No email or phone number.

I have also figured out the managing agent of the car park by looking at the notice board (thank you and The Deep)

Phoned them this morning and as you said, they are not going to ask CPM to cancel this as the charge is justified because I failed to display the permit. They said that I need to take this up with the letting agent. The guy on the phone also suggested me to pay the charges and then deal with the agent and get it reimbursed.

Umkomaas

The guy on the phone also suggested me to pay the charges and then deal with the agent and get it reimbursed.

About as likely as Leicester City winning the Premiership again!