leaseholders parking fine in own space by CPM

charyshiv

Hi,

I am new to this forum. Not sure if I have to raise a new thread. I checked few topics in the forum, similar situation but not exact same as mine I suppose.

CPM, has issued PCN ticket for my car parked in my own space at 1:30am in the mid-night for not displaying the valid permit.

I actually displayed the permit and it flew to the right corner driver side of the window. The permit is still visible from one of their photographs with their full company name details and missing bit is the parking bay number as another small ticket had overlapped on top this permit.

I had informed management to waive off the ticket and they asked me to go through appeals process with CPM and they should be able to waive off. Management company also said they will provide my identity details to them as it is not an unauthorized parking.

I have appealed with CPM and CPM rejected with same reason as the permit does show all the information, in spite I later showed my full permit and MC provided my identity details. They asked me to appeal further with IAS.

My lease deed/contract does not have any parking restrictions on my bay. I have full capacity. The reason CPM was brought was due to lot of residents complained that their parking space is used by someone else when they are away. But we did not intend to get fined in our own space in any circumstances. In fact even the setup cost for CPM is charged to the residents, paid through our service charges.

I asked MC, to show the contract they signed with CPM. The contract has a major flaw that it does not include any variations that the owners of the space should not be fined in their own space. I pointed this to MC and asked them to amend the contract with CPM or cancel the contract with CPM and let all the residents know that their rights to enjoy their own space is in breach indirectly by MC and CPM. MC has not replied to this yet. In the mean time I had pulled out parking restrictions by CPM on my bay and MC confirmed this is done.

I have not appealed with IAS as I read lot of reviews that IAS will default reject supporting CPM and also rejected by IAS means we are liable to accept all their charges. I replied to CPM saying that I had not given full consent to give away full rights and get fined in my own space nor I have signed any direct contract with them. I asked them to speak to the MC to discuss the right contract terms that residents should not be affected. I also mentioned that I will ignore any of their letters no matter it leads to court as the fine is unfair.

CPM further declined saying I lost standard method of IAS appeal and I have 21 days from their letter to go through non-standard IAS appeal. They also mentioned that the landlord owns the land and I only lease the land. They say that I dont have full rights to my space and landlord has authorized them with proper contract to put restrictions on whole land that everybody will be affected. They also mentioned that landowner has only allocated a space to me as part of the sale for which this restrictions apply.

It does not makes sense to me as I had full rights and instructed MC to remove any parking regulations on my bay and they have accepted. Currently I do not have any restrictions in my own space and I do not display any permit. How is this possible if I do not have full rights on my space.

How come landowner or MC sign contracts against our own spaces breaching our primary deed/contract which says we do not have any restrictions on the space allocated to us. CPM was brought only later by MC. The primary reason was to protect our space from someone else but it turned out to be that we ourselves are affected.

There are so many fines we pay due to parking in different places, even at shopping centers if we overstay due to late service etc. What on earth that we have to pay fines in our own space. It is morally wrong and how does Law support in any means when it is not affected anybody and only some private third party company trying to make money with some contract in place without the full consent of the residents. Where is this leading I do not understand. Could they simply not manage the parking with basic variations that residents should not be fined. If they cannot manage at the time of issuing the fine, could it not be easy to cross verify our car reg. no.s (or) if management proves their identity and ownership of the space etc to waive off the fine.

Could you please advise me on what to do in this situation. Should I have to appeal non-standard IAS where if rejected it says I have to accept all their charges. Or is their any means to complain as MC is ignoring me and CPM is constantly writing letters. Can I ignore them completely from this point on wards as I clearly told them my intentions that no matter it leads to court I will not pay fine.

Could you please suggest on what to do and what would be further steps if I ignore their letters. Currently they are increasing fine with every letter they write £60 -> £100 and £149 etc.

Please help. Sorry for this long letter.

Thank you.

beamerguy

CPM are known scammers and chancers

The IPC is the follow on scam set up by the crazy
Gladstones Solicitors

They cannot increase the charge.
You lost the teaser of £60 so the charge of £100
remains.

THEY CANNOT ADD ANY MORE

If you have the pictures to show the permit and your
management company will support who you are, then
maybe they will appear in court to provide such evidence.

Be much easier for the MA to get this cancelled so
they don't have to join you in court.

Next thing will be probably be CONTACTED by idiot debt collectors
trying to extort money from you
READ THIS
https://forums.moneysavingexpert.com/discussion/comment/74595605#Comment_74595605

IGNORE THE RETARDS and if CPM want to go further,
good old incompetent Gladstones will get involved

If that happens, come back here.

GET THE MA TO CANCEL NOW

charyshiv

Thank you for your reply. That was quick. I am glad I posted here. :-)


I informed MA and they keep saying that it is up to CPM to waive off the fine when I appeal. I informed them that I appealed and got rejected, because it was MA who asked me go through that tedious process when they already understood whole scenario and could have got it waived off. They are not supporting by the looks of it.


I also pointed out their flaw in the contract they signed without including any variations that owners themselves should not be fined.


Thanks.

beamerguy

charyshiv wrote: »

Thank you for your reply. That was quick. I am glad I posted here. :-)


I informed MA and they keep saying that it is up to CPM to waive off the fine when I appeal. I informed them that I appealed and got rejected, because it was MA who asked me go through that tedious process when they already understood whole scenario and could have got it waived off. They are not supporting by the looks of it.


I also pointed out their flaw in the contract they signed without including any variations that owners themselves should not be fined.


Thanks.

There are a lot of MA's who fail to understand that they
are jointly liable for the actions of their agents.
They can cancel this
This beggars the thought that they have a financial
arrangement with CPM

Is it actually CPM who are operating the area or could
it be that the MA operates a "self ticketing", meaning
someone is issuing the tickets other than CPM

You need to do some digging and remind the MA that
they can cancel on your behalf

Quentin

Read up in #4 of the newbies FAQ thread about the debt collectors stage

You now ignore everything except a lbcca or Court correspondence.

They have 6 years to start legal action against you

In the meantime keep on at the ma to get it cancelled

If you do get court action come back at that time for advice on how to defend this

charyshiv

Good point, there are cameras operating in that area I have not checked with concierge to see the video at that time in the mid-night 1:30am, whether it was CPM who fined or MA self ticketing. I could ask for the video just to check and have it my records.


Why would they patrol my space on Thursday 1:30am in the morning?

It is during office return times 4 to 7pm or during weekends when usually unauthorized parking happens. When genuinely unauthorized parking happens during these times they are not here to issue ticket or they cannot lift phone calls after 5pm and weekends if we want to report that somebody has parked unauthorized.

charyshiv

Thank you Quentin.

beamerguy

charyshiv wrote: »

Good point, there are cameras operating in that area I have not checked with concierge to see the video at that time in the mid-night 1:30am, whether it was CPM who fined or MA self ticketing. I could ask for the video just to check and have it my records.


Why would they patrol my space on Thursday 1:30am in the morning?

It is during office return times 4 to 7pm or during weekends when usually unauthorized parking happens. When genuinely unauthorized parking happens during these times they are not here to issue ticket or they cannot lift phone calls after 5pm and weekends if we want to report that somebody has parked unauthorized.

Probably CCTV cameras.
You need to find out about this 1.30am caller as I doubt
it is an actual CPM employee.

Talk to your neighbours, who else has had this problem.

Leave your car in the same place (ensure everything is
on display) and stay awake watching to catch the person
and take a picture

System

Why would they patrol my space on Thursday 1:30 am in the morning?

PCM are feeding the DVLA the line it is all about staff "safety". Apparently we are all being rude to them which is why the pics they take are with a zoom lens, are of poor quality and evidentially worthless. But the DVLA nod in agreement to allow PCM to continue to access Keeper details - with worthless evidence.

charyshiv

Thank you guys for all your replies. I will further check with MA. And ignore any letters from CPM until a court correspondence is issued as suggested above.



I will update on this thread if any changes.

happyface182

We have exactly the same situation, with the same company, and from reading above, you're doing the right thing

Feel free to read my thread at: https://forums.moneysavingexpert.com/discussion/5846424/lost-ias-own-space-cpm-not-in-my-lease&highlight=lost+ias&page=2#topofpage