CPM Residential Parking PCN

Varnaman

I have recently moved into a block of apartments in Maidstone run by a management company called Pembroke, they have just employed CPM to cover the estate, we have one allocated parking space, we have been told we have to show a permit to use our allocated parking space.

But there are also a number of areas of the estate that do not have any yellow lines and are not marked with a numbered space, when I moved in just prior to CPM being employed the previous owner of the apartment informed me that these spaces are ok to park and cars continue to park to this day.

I received the first PCN by not displaying the permit as we were away on holiday when the scheme started and had just got back and hadnt yet placed in our car windows.

I received second PCN last night at 02h37am parking in same unallocated space.
I have complained to the management company Pembroke, who are not at all interested.

If I had know what lay in store regarding the parking I probably wouldnt have bought the apartment.

My lease doesnt state we have to show a permit in our one allocated space. (we have two cars)

Any advice on defending this action would be mots welcome.

Half_way

Why are you accepting the need to display a permit, when nothing was asked of you before?

Have you checked your lease/tenancy agreement?

Have you told the management company to stick their permits where the sun doesn't shine, and that if they or their agents so much as chase you for a so called parking charge you will take this as a breach of the data protection act and pursue the management company accordingly (assuming your lease is in the clear)
You need to make it clear that this is completely unacceptable
and as you may be in any vehicle you will not accept a white-list scheme

Varnaman

Many thanks for your reply, I have checked my lease and there is no provision stating I have to have a permit, I also double checked with the Conveyancing Solicitor.

Unbelievably the residents association voted to use CPM, this happened prior to me moving in, they allegedly have an issue with other people parking in their allocated space.

We have one allocated space but two cars, hence parking in the area I mentioned, CPM PCN ticket stated "parking outside of a marked bay", there were no yellow lines and we live here.

To be better informed, please elaborate on "breach of data protection" and how I could pursue them?

The management company is supposed to work in the interest of the residents not hound them with parking notices at 2am..

Many thanks in advance!

Fruitcake

It is quite possible that someone is getting a back hander by employing the parking scammers.

I'm guessing since your lease does not mention parking permits, it probably does not mention allowing a third party to charge residents for not displaying a permit or not abiding by the scammers made up rules. You should mention that to the scammers and residents' association, and warn them that the PPC AND those that employed them would be jointly liable if this went to court.

Look here to see what judges have said about residential parking, especially the bits about Primacy of Contract.

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

The_Deep

If you have two cars and one space, why did you buy the apartment as clearly it does not meet your needs? Whilst others are right to point out that leases trump PPCs made up T&Cs, it is people with more than one car parking in spaces where they have no entitlement which brought about the problem in the first place.

If you persist in parking where you should not you may find that a judge agrees with the MC and finds against you.

Fight these cases if you can, but park your second car elsewhere.

Varnaman

When I purchased the apartment, the previous owner had two cars, along with a few other residents, the parking area i used was allocated, no lines and was used by various residents on a first come basis, with the introduction of CPM, they have decided this space can not be used.

Coupon-mad

You won't be able to park two cars there. You are stuffed by the stupid Residents' Association.

nosferatu1001

The vote the RA out and change the ppc. WHO decided the area couldn’t be used?

Varnaman

You are correct, the Residents association actually voted for CPM, Turkeys voting for Christmas!

Varnaman

I dont know who decided as I have just moved in, I will find out though as it makes no sense to reduce the possible parking spaces when it doesn't block anyone in or obstruct emergency services?

Varnaman

Hello,
The tickets were stuck onto my windscreen, how could I use the Data Protection Act as a possible defence?