UCKPS fined me for not having a permit in my own bay

tae117

Hi all,

Gonna preface this by saying I have read the noobies thread and the relevant threads I could find with cases similar to mine. In August 2016 I moved into this new flat that came with a parking space. The parking space was not mentioned in the lease and the only thing it says is "any disputes are between parking company and tenant blah blah". I only received a remote control to open the garage door to the parking area and my letting agency made no mention of any permit that I would need to park. I did notice the sign by UKCPS saying "residents parking only with a valid permit" a few weeks ago but I ignored it thinking it was just to scare people from using the place when they are not supposed to (forgive me but I'm new to this country and I never could have imagined this would be a thing...)

Anyways last night I got a PCN by them (which btw doesnt even have a tick in any of the boxes for the reason why I was fined). This is what I have done so far:

1. Called my letting agency and ask them how this has happened. The lady I usually call said that she wasn't aware of any permit system and I should apply for it. So I told her that she was the one who gave me the garage key and didn't mention anything about permits and she should find out for me how to apply for one so it doesn't happen again. They refuse to deal with the parking company saying that any dispute is between me and the parking company.

2. Called my building management company (RMG) and politely asked them to ask UKCPS to remove this charge as I am entitled to that parking space and I wasn't told about any permits. They refused to deal with me.

3. Called UKCPS. The nice lady hung up on me .

4. Checked out all the newbie thread etc


So...

What I wanna ask is what is the best action to take?

1. Should I complain to my letting agency and ask them to pay the fine or deal with RMG/UKCPS and get the ticket cancelled as its their fault for not giving me a permit? I know that they will try to weasel out of this one so can I threaten them with some independent trade body complaint? Would it be even correct to complain to the trade bodies regarding this?

2. Do the whole appeals process outlined in the newbie thread? The problem is that I'm away from the 14th of July to the 14th of August as I'm on holiday abroad so I'm not sure if ill be able to keep doing the letters back and forth business. I'm worried about missing key deadlines.

3. Ignore them and hopefully no court letter will arrive... I am moving to a new flat in August so I'm not sure if I'll be even able to collect the letters from this old flat.

Sorry for such a long post but I hope that you guys will be able to help me out here....

EDIT - Sorry just noticed the typo in the title.. UKCPS not UCKPS....

Coupon-mad

I did notice the sign by UKCPS saying "residents parking only with a valid permit" a few weeks ago but I ignored it thinking it was just to scare people from using the place when they are not supposed to (forgive me but I'm new to this country and I never could have imagined this would be a thing...)

Sadly, it is a thing! But we help people fight back and not pay.

Sorry to say you will hate living there because of these scumbags. It will happen again even when you have a permit.

There are no 'letters back & forth' in any appeal process to an IPC firm like UKCPS. There is one challenge template, merely to signal that you are not a pushover and are on a forum.

Is it definitely UKCPS, not UKPC?

The parking space was not mentioned in the lease and the only thing it says is "any disputes are between parking company and tenant blah blah".

You mean your tenancy agreement mentions the parking firm? And does it mention that their signs are incorporated into your parking/garage contract? And does that contract mention £100 cost and a clear obligation to display a permit?

The Managing Agent can cancel this for ten quid as long as they act within 2 weeks, usually. Tell them if they refuse to do so (and offer them the tenner and tell them you KNOW that's a point in the UKCPS contract that clients can cancel) you will hold them liable for any court claim you are dragged through, and will hold the letting agent jointly liable for not carrying out due diligence when assigning a garage to a tenant in a managed car park, not finding out about permits for you.

Read hairray's thread for strong letters to send.

tae117

Is it definitely UKCPS, not UKPC?

Yes and here is my PCN

As for the tenancy agreement here is the exact words:

"Where the property has an attached parking space, the parking arrangements remain the responsibility of the tenant, no liability will be held on the landlord or agent for not displaying any permits that are required, or using the correct allocated space"

My tenancy lease itself doesn't mention which bay I have been allocated or the fact that I have been allocated a bay. I merely got the door remote and the bay number I'm supposed to use on post it note attached to my welcome pack. I even called them again when I bought my car to confirm the bay number back in December cause I didn't wanna !!!! off anyone else by accidentally using their space.

Coupon-mad

Wow it's almost unreadable!

BUT REMOVE THAT LINK BECAUSE IT SHOWS THE REF AT THE TOP.

UKCPS read this forum.

I think you need to read hairray's thread. No link, use the forum search or members' list and click on his/her username to read his entire thread with the brilliant letters for the Managing Agents and parking firm.

tae117

Thanks for your messages coupon-mad!

It took me a while to find them but I have just skimmed through the letters to management company and landowner and wow they are sure quite something.

Do you suggest I should send a strongly worded email to both the letting agency and the building management company regarding this before I send a "letter before claim"? If you don't mind I'll post the content of the letters here when I type them up tonight for your blessing before I have them sent.

tae117

What do you think of the following email?


Subject: Re: Parking ticket issued by UKCPS on 19.07.17 (ref number xxxxx)

Dear Sir/Ma’am,

I am the tenant of Flat xx, xxx Street postcode xxx. I am writing to inform you that I have been unfairly issued a penalty charge notice by my building’s parking management company, UKCPS Ltd on 19th July 2017 at xxx hours (ref number xxxx). The penalty charge notice (attached with this email) does not have any indication for why it was issued as the person issuing it did not tick the necessary box. I believe this ticket has been issued unfairly as I am allowed to park my car in bay #xx as per one of the benefits advertised at the time of me having signed my tenancy agreement and having rented this flat from xxx Properties.

I wish to inform you that I have no intention of paying this charge to UKCPS and if this matter is brought to the courts I will be involving both yourself the letting agency, xxx Properties and the building management company, Residential Management Group (RMG) for lack of due diligence when assigning a bay in a managed car park.

I believe this penalty charge notice issued to me is in violation of the right to quiet enjoyment of the property as this has given me significant distress and I have used a lot of time trying to chase up on this matter and getting it resolved. I consider this behaviour from UKCPS in issuing me a penalty charge notice as plain harassment for monetary gain.

I am aware that UKCPS’s contract with Residential Management Group allows RMG to ask UKCPS to cancel any penalty charge notices for a fee of £10.00. I hope that RMG are kind enough to offer to have this cancelled for me and if requested, I am willing to pay this charge of £10.00.

The following is a summary of why I believe xxx Properties and Residential Management Group would be responsible:

1. I was not informed by xx Properties during my key collection on September 2016 that I must fulfill any other obligations to use the bay #xx allocated to me (including the display of a permit on the dashboard of my car). All I was informed of was the authorization to use bay #xx to park my car.

2. During the period of September 2016 to December 2016, as I was trying to retrieve my garage remote from xxx Properties, it was nowhere mentioned in the numerous emails between myself and the property manager, Jane Doe, that I would need to fulfil any other obligations to use the bay #xx to park my car.

3. xxx Properties repeatedly failed to inform me about any obligations (such as the need to display a parking permit) whilst in use of bay #xx even after an email was sent to xxx Properties on 19th June 2017 informing them of the penalty charge notice being issued.

4. I, along with other tenants received letters from RMG on more than one occasion informing them not to park in other tenants’ bays if such a thing had been done. But not once did I receive a letter, either from RMG, UKCPS or xxx Properties stating that I was doing anything incorrectly that would lead me to incur a penalty charge notice from UKCPS.

5. By failing to inform me of any obligations when parking my car in my allocated bay, this penalty charge notice issued to me is in violation of the right to quiet enjoyment of the property as this has given me significant distress and I have used a lot of time trying to chase up on this matter and getting it resolved.

As such I believe that xxx Properties and Residential Management Group are responsible for this penalty charge being issued against my vehicle and should request UKCPS to have this charge cancelled. I wish to reiterate my willingness to pay the £10.00 fees charged by UKCPS to RMG in the cancellation of this penalty charge notice.

If xxx Properties refuses to get involved in contacting UKCPS to get this penalty charge notice cancelled, I will be forced to make a formal complaint the Association of Renting and Letting Agents. Following that I will be taking my claim to a small claims court to retrieve the monetary losses I would have faced as a result of having to pay UKCPS for this penalty charge notice.

Similarly, if Residential Management Group refuses to get involved I would be taking my case to a small claims court and will contact the relevant legal bodies regarding this.

I also wish to inform you that I would also be taking this matter to social media and also informing Manchester Evening News of this attempt to harass a tenant for monetary gain.

Sincerely,
XX XX

Coupon-mad

on 19th July 2017

June.


I would start it more like this:

I am the tenant of Flat xx, xxx Street postcode xxx. This is not an appeal and is NOT to be passed on to your parking firm (considered a rogue firm of ex-clampers who were recently banned by the DVLA). If you do so, or discuss this letter with them except to cancel the charge, you will be in breach of the data principles under the DPA 1998.

This is a formal complaint and as I am sure you are aware, you are jointly and severally liable for the actions of your agent, UKCPS. Should you fail to resolve your involvement in this matter within 14 days, you will receive a Letter before Claim, and will later be named as Defendants in a claim, or counter-claim.

I would include a cheque or crossed Postal Order (from any PO Counter) for ten quid, with your letter, and explain why.

...and at the end I would remove this as it shows you do not know what's involved in filing a small claim, because you don't contact 'legal bodies ' (or even a solicitor) to do so:

[STRIKE]Similarly, if Residential Management Group refuses to get involved I would be taking my case to a small claims court and will contact the relevant legal bodies regarding this.[/STRIKE]

tae117

Oh sorry I was so tired I forgot what month it is.

Yes unfortunately I have never had to file a small claims against anyone so I don't exactly know the process but I'm just glad there are people like you on the internet willing to help people like me out!

Thank you so much. I will incorporate your edits in this email now and send it off. Will let you know how they respond.

tae117

I would include a cheque or crossed Postal Order (from any PO Counter) for ten quid, with your letter, and explain why.

Uh what if they don't listen in the first instance? Is it ok to wait before I send them any money?

Coupon-mad

No, because they only have 14 days to cancel and pay a tenner, in most UKCPS contracts I have seen, and if you wait, you miss that chance. You are sending the cheque or Postal Order to the MA, not to UKCPS, and can state on the back that it is 'full and final settlement' to cancel UKCPS charge xxxxxxxx.

You can trust the MA with a cheque or Postal Order, but don't send it to UKCPS.

tae117

OK I'll trust you with this one. I will include a 10 pound PO in my physical copy of this letter to RMG. I am also sending the same letter to my letting agency (although obviously without the tenner).