Lost IAS - Own Space, CPM not in my Lease

Half_way

Phone calls are not worth the paper they are written on, you should be communicating with the management company and anyone else by email at least, so it leaves a trail.


Secondly take a good look at other "own space" issues, and get a handling and understanding of what the PPC industry is.

A few things you should do....
Let the management company know you object to the imposition of a company belonging to an unregulated industry operating on your land
Let the management company know that you have only been displaying a permit as a courtesy to those on the estate as a whole, and you may chose not to display a permit at any time, as your lease is clear on the issue of parking.
and thats just the start

Coupon-mad

We've seen a case mentioning Affinity before. I recall it, very familiar. Search the forum for that word.

Read the threads by Daniel san and hairray as maybe it's one of them - both very useful threads for anyone fighting a residential unfair PCN. They are ALL unfair, and 'outrageous scam' (Hansard, 2.2.18).

happyface182

Many thanks all.... I've written to Clarion Housing with the above in mind, and you can find a copy of my email text below.


Hello

Following a conversation with one of your housing officers yesterday I was expecting a call back from my local housing officer which sadly never happened.

Regardless, I'd actually prefer email as there will then be a recorded trail, as it's a likely court case is on the cards and Clarion will have to be dragged in to it.

The issue in question relates to a visitor back in March received a PCN Penalty Charge Notice from UK-CPM for 'not displaying a permit'. The vehicle in question was parked in my allocated bay which I've used for all sorts of vehicles since moving in in June 2016, and never had an issue.
I was also never informed of who they (UK-CPM) are when buying the property and not handed over any parking permits.

I've now spent months of worrying and hours of research defending my space from a cowboy company's PCN; Not something I envisaged having to do when moving in to one of your properties

You might think that they were brought in to protect leaseholders spaces, for example if someone else parks there when you're out? Well in this case, fellow residents have reported they're useless and can't even contact them on weekends anyway.

The reality is you have no idea what they do to your residents as most people cut their losses to escape the hassle, and part with their hard earned money. You can imagine >90% are unreported to you, because why would they be?

I've checked my lease agreement and it makes no reference to displaying a permit or who UK-CPM are, or any rights any parking management company may have to my space.

Ideally, what I need from you now, are two things:

To write to UK CPM demanding them to cancel / drop the PCN
Order them to remove their incorrect, self entitled management of my space from their records, I DO NOT WANT THEM TO MANAGE MY SPACE. I have no contract with them do not want one. There is nothing in my contract to state that I must abide by their rules or any further parking rules than those which are already in there.
I have the right to exclude myself on the basis I never opted in and you failed to inform me of their existence.

As I've unfortunately been forced to defend my space, I can only suggest doing the appropriate research yourselves, accompanied by a prompt reply via email which does not fob me off.

If the above terms are not met we will no doubt end up in court, but the freeholder will also be dragged in, due to a breach of the lease agreement on yours or their behalf.

I look forward to your response.

Best Regards

safarmuk

If I were you I would start rounding up the other residents who are experiencing these problems. One option is to start up a residents Facebook group (e.g. "residents of XYZ") or a whatsapp group and then get more people complaining to the MA and Freeholder. Believe me, this is an effective strategy (although admittedly a long game) ...

Umkomaas

Have a read of this. A different PPC, but your case seems very similar.

https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

happyface182

@safarmuk

You can tell the MA that you no longer want CPM to "manage" your space if you want. This is essentially you opting out your allocated parking space from the scheme.

Might you have any more info on this? I'd very much like to persue this option and be done with them.

Yesterday on the phone, the housing officer tried to fob me off saying 'UK CPM were brought in as a result of early disputes among leaseholders parking in the wrong spaces etc' but I don't buy that.

I'd like to be able to confidently argue that it's my right to exclude myself from UK CPM's management and have evidence to back it up

Many thanks in advance

safarmuk

You can tell the MA that you no longer want CPM to "manage" your space if you want. This is essentially you opting out your allocated parking space from the scheme.

!!!8221;Might you have any more info on this? I'd very much like to persue this option and be done with them.

If your allocated space - which should be mentioned in your lease and/or ringed (usually red) on a plan in the lease - is clearly identifiable via either the site plan or a number painted on the space then you should be able to say to the MA:
"I want my parking bay, number XYZ / as marked in the site plan attached, removed from the scheme and I do not want the PPC to monitor it or take any action with regard to it any more, please instruct PPC to do this and confirm back to me in writing it has been done."

Likely you will get the normal attempt to prevent you opting out such as:
* "If we do this what will happen if someone else parks in your bay" [answer you still can't park there but PPC make £60-£100]
* "It is not possible/feasible for the PPC" [rubbish, the bay is clearly identifiable and many PPC contracts have maps attached to them that clearly illustrate which bays they monitor and which they do not]
Etc, etc.

This argument is particularly powerful if the space is indeed permanently allocated to you (or demised is the legal term) for your exclusive use in the lease.

You will meet some resistance so you will have to be firm, push for it and ultimately you may need to initiate legal action like "Hairray" did. It depends on the belligerence/stubbornness of the MA and their willingness to a) do any work or b) work for the benefit of the leaseholders

Le_Kirk

happyface182 wrote: »

Might you have any more info on this? I'd very much like to persue this option and be done with them.

I'd like to be able to confidently argue that it's my right to exclude myself from UK CPM's management and have evidence to back it up

In post #13 you were advised thusly: -

Read the threads by Daniel san and hairray as maybe it's one of them - both very useful threads for anyone fighting a residential unfair PCN. They are ALL unfair, and 'outrageous scam' (Hansard, 2.2.18).

Did you look at those threads? Also might be worth looking into the act (Landlord and Tenant Act 1987) that is used to allow lease terms to be varied. There was a thread about it a while ago, showing that - depending upon the number of tenants - there had to be 75% agreement with no more than 10% disagreeing before terms could be varied.

Check this link.

Coupon-mad

You can tell the MA that you no longer want CPM to "manage" your space if you want. This is essentially you opting out your allocated parking space from the scheme.

Might you have any more info on this? I'd very much like to persue this option and be done with them.

Yes, in the 2 threads (by Daniel san and hairray) I told you to read, before writing to your MA.

I also suggested you search the forum for the word Affinity. Or Clarion for that matter, seen it before, someone else has been here before about this lot. The forum has what you need.

HOW TO USE THE FORUM SEARCH FUNCTION

Use the Forum Jump button (one near the top and one near bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'.

Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.



HOW TO FIND A THREAD BY A PARTICULAR USERNAME:

Put their name (exactly, case sensitive) into the Community>member search and then when you click on their profile, click to then read all posts or all threads started by that person.

happyface182

Just as an update, I've received my first letter since having the IAS appeal dismissed. The letter was direct from CPM themselves, and all it states is that the value of the PCN will increase from £100 - £149 if not paid within 14 days (or 28, can't quite remember).

I am ignoring all communications until being summoned to court etc. I just have a question regarding the potential data misuse counter claim.
Is this against the MA or CPM or Both? The way I see it, they have both taken part in the misuse of my data.

I still haven't heard back from the MA regarding my request to have them cancel the PCN and remove my space from CPM's cowboy patrol. I've chased it multiple times and have a record of me chasing it. They genuinely are this useless.