UK Car Park Management Ticket

DennisLawrence

Dear all, would be grateful for your advice.

I was issued a ticket parked outside my house a couple of weeks ago by UKCPM. They claim that a permit was not displayed in my windscreen when in actual fact it was.

I have written to them with my own photographic evidence but my appeal has been denied. I feel particularly aggrieved about this as I always park in the same space with my permit on the dashboard. The parking company took a photo at midnight (in the dark!) of the front on my car to prove in their eyes there was no permit. However it is clearly on the dashboard.

They are a member of the IAS and my next action was going to be to lodge an appeal through them. I would really appreciate some advice of how to win this appeal and if it is worth going through the IAS.

Apologies if some of this is already answered, I have looked through a fair amount of threads and can't seem to make sense of it all!

Thanks!

Redx

no need to read other threads

just read the NEWBIES sticky thread at the top of this forum , all the answers are in there and yes it is up to date and is regularly updated, so no need to ask that question

its the best advice you will receive on the net , its also free , its also up to date

it is up to you if you accept that advice in there, or try an IAS appeal , that is your choice , but almost everyone here say dont bother

safarmuk

Another Residential Parking incident with UK CPM involved.

After you read the Newbies thread you can also look for other UK CPM threads related to Residential Parking that will highlight all the good advice relevant to this kind of situation. Such as:

1) Check your lease / AST (Assured Shorthold Tenancy) for what it says about parking
2) Contact your Management Agent / Landlord, complain and ask them to get the PCN cancelled
3) Once you know who contracted the PPC, ask to opt your bay out of the scheme and secure your bay with a fold down parking bollard instead (no further problems as only you or someone you give the key or padlock code to can access the space)
4) Speak to fellow residents and establish if any of them have had similar issues of getting ticketed and what they did (hopefully they didn't pay). If there are many who are annoyed at this scheme band them together and talk to the MA or Freeholder who contracted UK CPM. (A reasonable MA or Freeholder should have had a cancellation policy for real residents and visitors when they contracted them but most stupidly don't as they don't want to get involved or are told not to by the PPC).

You say "house" above, is your house freehold or leasehold?

DennisLawrence

Hi, thanks all for the advice,
House is a freehold on an estate, all residents pay a service charge for a management company every month. Part of this is the regulation of parking but seems that they have got some cowboys to do that. I am really not sure what to do now, seems like IAS is a waste of time reading the boards. I have already contacted the said management company who advised they can not intervene with parking fines and that I need to go to an industry watchdog!! I am now contacting those higher up within the management company regarding this but not too hopeful. Seems like they are all in on it and don't really care.
What is the next best step, I am really angry and do not want to pay out of principal. Should I just ignore everything that they send?

TIA

Loadsofchildren123

Residential parking is a huge issue.
The PPC is acting on behalf of/at the behest of the MA. So they are responsible. And the key to this is making them face up to that. They are responsible for the sharp practises of an organisation that THEY brought in. The PPC must be in breach of their contract with the MA by ticketing authorised permit holders who are displaying their permit. so it is of course within the power of the MA to get it cancelled and to reprimand the PPC or end its contract.

Can we have some more information -


1. were you ticketed in your own designated space that came with your freehold? Do you own that space? If you don't own it, what rights do you have to it? What document is there which sets this out?
2. If you own the space, and are entitled to park there then they have committed a trespass for which not only the PPC but also the MA is liable (unless the terms of your freehold provide for the PPC, in which case I still think it's a trespass but it is a bit less clear and we'd have to have a look at the documents).
3. You must have a right to quiet enjoyment of your property which has also been unreasonably interfered with - again something for which the MA is equally liable.
4. What document sets out the obligations/rights in respect of the service charge and the use of the common areas and roads which, presumably, are owned by a freeholder and are not adopted by the Highways Dept of the LA?
5. What covenants did you give/bind your property? These will be in the Transfer Deed which you need to obtain from your solicitor who did the conveyancing (you can get it from Land Reg but you'd have to pay a small fee).
6. What document gives the MA rights/powers/duties and binds you to comply with their decisions? Is it just a simple covenant in the Transfer Deed, or is there another document?
7. Could you post these documents here for us to look at? They are important in advising how you can/should involve the MA to get this ticket cancelled.

safarmuk

I have already contacted the said management company who advised they can not intervene with parking fines and that I need to go to an industry watchdog!! I am now contacting those higher up within the management company regarding this but not too hopeful. Seems like they are all in on it and don't really care.

If the MA contracted the PPC then unfortunately for the MA they are responsible for the PPC's behaviour as per the law of Agency. You need to make this quite clear to them (although this will likely be difficult and they will likely not understand it). Apparently - I now understand - a lot of PPCs explicitly tell MAs to "stay out of the appeals process as you will thank us for that later" and the MA seems to accept this as good advice.

1. were you ticketed in your own designated space that came with your freehold? Do you own that space? If you don't own it, what rights do you have to it? What document is there which sets this out?
2. If you own the space, and are entitled to park there then they have committed a trespass for which not only the PPC but also the MA is liable (unless the terms of your freehold provide for the PPC, in which case I still think it's a trespass but it is a bit less clear and we'd have to have a look at the documents).

This really is the million dollar question. If you have a freehold property on an estate that also involves leaseholders (flats) - IMO probably the worst situation you can be in currently as the freeholders will have less rights than the leaseholders (as a lot of freeholders on an estate I am aware of have now found out) - BUT the parking space you were ticketed in is part of the freehold (this is the key point) then the PPC absolutely has no rights to ticket you there no matter what the MA thinks (or doesn't think). It is absolutely trespass. The PPC will, however ignore this fact because they are either belligerent and think they can get away with it or are just not that bright.

I think if you answer LOC123's questions above we can point you in the direction of the correct advice.