CPM UK and rented parking spot

pegspatch121

Hi all I've spent most of the day reading the newbies thread, and think i have a general idea of the steps to take and this is mainly just to check I've understood everything correctly.

So to give context I for the last year live in a rented apartment block that comes with one marked bay (assigned to my flat) inside a secure compound managed by a company crabtree maintain who in tern use CPM UK car park management to for the parking.

During July i was involved in a car accident so had a rental car provided by the insurance while mine was fixed. Unsurprisingly i forgot to move over my permit and so my rental car received a ticket one morning while i was parked in my assigned spot.

I rather naively thought filing the appeal explaining that it was I that parked in my spot using a rental car and why it didn't have the permit affixed would over turn the ticket. A month later and i've now got the reply that my appeal has failed and to pay up. Which i have no intention of doing so.

I have read through the newbies post and ill admit its fairly dense so i just want to confirm that the actions i take are setting me up correctly for a defence in court should they decide to take me.

1- Emailed maintenance company to complain about how i was ticketed for use of my designated spot and for them to ask CPM to cancel the ticket. (My follow up email if this is a refusal will be to ask for the contract between them and CPM.
2 - Contacted my letting agent who frankly is pretty !!!!ed off this has happened (obv a recurring issue with other tenents) who is also putting pressure on the maintenance company.
3 - I have read through my tenancy contract and parking is not mentioned at all (I am slightly confused how primacy of contract works here) should i contact my letting agent and see if the actual owners of the flat have anything?
4- I have been offered IAS which from reading the board should simply be ignored.
5- Sit back get alot of threatening debt collectors letters and wait to see if the company sends an LBCCC to reply to.

I suppose my only other real question is should I write back to the parking company declining IAS stating that i will not be paying the fine as it is an unfair charge.

I apologies if i this seems like a dumb post but i have no intention of paying the fine seeing as its my designated spot but my job is somewhat sensitive in regards to having court proceedings taken out against you. So i want to make sure i'm taking the correct course to defending myself if it came to that.

Redx

no , dont bother writing to them at all, but keep the pressure up on the MA etc
and do not bother with the useless IAS


as this is a civil matter, there is no job risk , its merely a civil dispute about money , so if a judge ordered that you should pay it, then pay it within one month so that the CCJ is struck off the record and your credit file remains untarnished

ie:- its not a criminal matter in a criminal court, its a civil matter in your local county court where a judge acts as referee and issues a judgment for the claimant or for the defendant

Coupon-mad

3 - I have read through my tenancy contract and parking is not mentioned at all (I am slightly confused how primacy of contract works here)

Read this discussion - bargepole explains it:

https://forums.moneysavingexpert.com/discussion/comment/74638666#Comment_74638666

System

3 - I have read through my tenancy contract and parking is not mentioned at all

live in a rented apartment block that comes with one marked bay (assigned to my flat)

If the AST makes no mention of parking, what was the basis for your second comment about the space being assigned.

pegspatch121

IamEmanresu wrote: »

If the AST makes no mention of parking, what was the basis for your second comment about the space being assigned.

e

Simply put when we viewed the property the letting agent said this flat comes with this corresponding bay and we just took his word. No one else parks in it and everyone seems to stick to the 'rules.'

As such i would hazard a guess that the ownership of the specific bay would be in the purchase or leasehold agreement of my landlord?
As such while not mentioned specifically in my AST would the rights of parking granted in that leasehold then pass to me as the tenant?

NeilCr

I am not saying that it is so in this case but, in my experience, letting agents will say anything to get a let. We have had to complain to our two major local ones about what they have told tenants about parking here.

Is the bay marked in any way? With your flat number, for example?

Could you ask your landlord for sight of their leasehold documents - or, at least, what is in it re parking. You'll need more than a guess!

System

Simply put when we viewed the property the letting agent said this flat comes with this corresponding bay and we just took his word.

It's a partial defence but a weak one. You had a reasonably held belief based on representations of the person representing the owner of the parking space. You just have to show the landlord owned or had rights to the space to use the explanation hinted at in C-M's post at #3 - as NeilCr has pointed out.

pegspatch121

NeilCr wrote: »

Is the bay marked in any way? With your flat number, for example?

Could you ask your landlord for sight of their leasehold documents - or, at least, what is in it re parking. You'll need more than a guess!

The bay is marked 194, the flat is 22 but every flat as a single numbered bay for their use so i'm sure it must have been designated via the leasehold so that is my next step to get hold off!