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Lost IAS - Own Space, CPM not in my Lease

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Comments

  • Umkomaas
    Umkomaas Posts: 43,314 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You have 6 years to issue a claim. Revenge is a dish best served cold (assuming UKCPM don't go bust or Gladstones aren't closed down by the SRA in the meantime!). 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • happyface182
    happyface182 Posts: 50 Forumite
    Second Anniversary 10 Posts
    Perfect, I'll move first then claim somewhere down the line
    I have to say a huge thank you to everyone here that has helped me through this, your knowledge and encouragement is empowering, and you're absolute stars for helping in this way.
    I quite literally couldn't have done it without you, Thank You so much :)
  • Fruitcake
    Fruitcake Posts: 59,462 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Make sure to keep all your correspondence, documents, images of signs, and especially your lease/AST somewhere safe.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 May 2020 at 9:53PM
    How are you going to avoid PCNs in the meantime, and are you planning on spreading the news on community noticeboards to inform neighbours at the site, who might be in the midst of a court claim and not know how to handle it?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • happyface182
    happyface182 Posts: 50 Forumite
    Second Anniversary 10 Posts
    Requesting written confirmation that they can't bother me here again. Will also share on notice boards around the block :) 
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    With that said, is there now any point in me pursuing  a small claim against CPM for 2.5 years of unrelenting, escalating, persistent harassment? 

    Put that way, of course there is, why do you ask?
    You never know how far you can go until you go too far.
  • happyface182
    happyface182 Posts: 50 Forumite
    Second Anniversary 10 Posts
    I guess my question is more of an: 
    "based on my circumstances, is it worth it, am I likely to get anything out of it, what's the general successfulness of these cases from people in a similar situation to myself"? 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    edited 5 May 2020 at 3:43PM
    Try a LBA. Basically free. See if you get anything. 
    Others have won claims or cuonterclaims. 
    You need to make the decision yourself. 
  • happyface182
    happyface182 Posts: 50 Forumite
    Second Anniversary 10 Posts
    To add to this story, Clarion forwarded me an email which contained the contact deets for CPM's Senior Account Manager, so I emailed them direct and asked if they now admit they were at fault and send me confirmation I'm excluded from their scheme. 
    Their reply was somewhat troubling, as they won't admit fault on the grounds of not having seen the lease at any time, but have also offered to exclude me from their scheme. 

    To me, this is contradictory, why offer to exclude me from their scheme if they're not at fault? 
    This was my reply:

    Hello 
    Please could you just clarify the following points, as your answers are deeply upsetting:
    • Regarding the charge being dropped, you confirm that after more than 2 years of escalating charges, harassment, and stress caused to me by CPM, you drop the charge based on 'not wanting to cause further stress', is that correct? 
    • If so, (and it has nothing to do with me owning the space as I've protested all along, and for which you've recently been lobbied by Clarion), why then offer to exclude me from your parking-scheme moving forward?
    Dropping the charge is not an admission by default that the charge was wrongfully issued.
     
    To this date, CPM have not seen any documents to show that you own the space, as when asked for these to pass along to the legal team I was denied; However the decision was made to drop the charges regardless as not to cause further stress to yourself and the client during these difficult times.
     
    Prior to this situation occurring, CPM had no knowledge that the space was owned by the freeholder so therefore the PCN was not issued incorrectly
    • Regarding this quote above, if you have not seen any documents to prove I own the space, you therefore admit to assuming authority and enforcing restrictions over land for which you are unable to prove any rights?
    • Shouldn't seeking the correct authority, such as copies of any existing lease agreements, be one of CPM's first moves after being instructed by anyone? For due-diligence perhaps?
    My bay number is X 
    Yours Faithfully 

  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 May 2020 at 5:42PM
    Circulate his/her email address to all neighbours and include it on the Noticeboards and say he is the person to contact to INSIST their bays are not within the 'scheme' and you are leaving the flat this year, but wish all residents luck in removing UKCPM and that they should check out the parking tickets live forum on MoneySavingExpert.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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