Should we appeal as advised by CPM?

CM54

Hi there.
I am hoping the forum can advise me on what to do. I have looked at other threads but have specific questions to ask. Grateful for all help.
Until July this year my son lived in a rented flat which included a parking area. He paid for a parking permit but failed to display it on two occasions and is now being threatened with court action by CPM's factors DRP.
I called CPM this week on behalf of my son. They told me he has to appeal via the Independent Appeal Service.
Is this his best course of action?
In his assured shorthold tenancy agreement between himself and the owner of the flat there is no reference to parking, only a paragraph saying the tenancy agreement “shall include the right to use, in common with others, any shared rights of access, stairways, communal parts, pathways and drives.”
The letter which contained the parking permit from CPM says CPM “has been instructed by the managing agent to operate a car parking management and enforcement service incorporating the above address (my son’s address). This service will be operating on a 24 hour, 7 day a week basis to ensure only genuine licence holders are present. As of 19 September 2016 you will be required to display a parking permit in the windscreen of your vehicle at all times – failure to display a valid permit or parking outside of a designated area may result in your vehicle being issued with a parking charge notice."
What is our best course of action?
If the forum advice is to appeal, is there a standard letter we should send? The ones I have found on the forum don't seem to apply to our specific case.
How binding is the IAS decision? I understand 80% of cases find in favour of the parking fine company. If our appeal fails what then?
Many thanks in advance for all advice.

Redx

read the NEWBIES sticky thread , especially two parts, one about the IPC and the kangaroo court (the IAS) , THE OTHER IS POST #4 about ignoring DRP (and any other DCA)

and NEVER , NEVER , NEVER phone these sc@mmers up

once you have read that , you should know what to do (and more importantly , WHAT NOT TO DO)

then come back if there is anything else you need to know that IS NOT COVERED in that NEWBIES sticky thread

The IAS decision is NOT binding , but the likelihood is that it will fail and you dont want that failure to add to the woes

the AST has primacy of contract going for it , but only a judge can decide , look up the JOPSON case and read parking pranksters blogs about similar tenancy cases too

Coupon-mad

I called CPM this week on behalf of my son. They told me he has to appeal via the Independent Appeal Service.
Is this his best course of action?

Nope, stop ringing and speaking to thug ex-clampers as if they are a normal company.

Stop thinking the IAS is an option, it is not.

Try reading other threads exactly like this one on page one right now - e.g. infernouk's case, going to a proper hearing soon, is very similar.

fisherjim

"....and is now being threatened with court action by CPM's factors DRP"

It tells you all over this forum that DRP cannot take court action.

CM54

Hi there.
Many thanks for your help
You say....
"the AST has primacy of contract going for it , but only a judge can decide , look up the JOPSON case and read parking pranksters blogs about similar tenancy cases too."

What is the AST?
Cheers
CM54

Coupon-mad

Google AST tenancy.