UKCPS - Ticket in my own space but have a permit

KetchupIsGross

Long one so sit tight, rather give you all the information I can.

I live in a flat with an allocated parking space outside (beneath my window).

I have a permit that is usually on the dashboard, however one summer day when it was hot I rolled the windows down and it almost blew out of the window, so it was moved near the gear stick for safe keeping. That night when I got home this slipped my mind and the next morning was a ticket from UKCPS.

The permit was still visible from outside the car and I took photos of this as evidence.

I assumed they would be understanding of this human error, especially considering I have a permit and no loss was incurred to anyone because it is my private parking space, so appealed with the above explanation and the photo of my permit.

They rejected my appeal saying that the sign small print (it really is small) states that it must be in the windscreen and it wasn't, therefore its a £100 charge.

We went back and forth until I appealed to IAS (now know that was a mistake) who concluded that whilst there was sympothy with me, I breached the contract and the charge is right.

Just now received another letter from UKCPS saying that the charge is now £160 (£130 if paid in 14 days) or court proceedings will begin.

Contacted the management company for the land and they aren't interested, said its nothing they can get involved with.

Not having the easiest time with my life right now so part of me wants to just pay it and make it dissapear, but the rest of me wants to fight this blantant scam to the end.

At a loss of what to do next or if i even have a case in court?

Redx

read your lease and tell us what it says about parking (or omits)

this is all about your rights under your lease and the right to "peaceful enjoyment" , same as all the other "own space" threads we get on here with similar issues


read the thread by member Sassii too

KetchupIsGross

Unfortuanately, I'm unable to get that information.

It's rented accomodation and the landlord is less than proactive.

I searched for similar issues before posting but couldn't find any. I will try searching "own space" for similar threads.

Redx

see this thread too


https://forums.moneysavingexpert.com/discussion/5884618/own-apartment-parking-fine


you should have a copy of the lease you signed and its VITAL that you get this, read it and post those details here so people can advise you


it is the crux of this matter and nobody can assist you without that vital information

KetchupIsGross

Apologies, are you referrencing the tennancy agreement?

I have read the tenancy agreement but cannot see any mention of "peaceful enjoyment" that relates to this matter.

The closest I have found is:

(Landlords obligations) Not to interupt or interfere with the tenant's lawful occupation, enjoyment and use of the property other than in an emergency or in the normal and lawful process of exercising or implementing the landlord's rights and obligations under the Tenancy Agreement having provided at least a minimum of 24 hours prior notification.

The only other notable mentions regarding parking are:

(Tenants obligations) Not to store or keep on the property or any cumminal car park, any boat, caravan or commercial vehicle without the prior written consent of the landlord or his agent.

(Tenants obligations) The tennant will be liable for replacing any lost or damaged parking permits.

Coupon-mad

I assumed they would be understanding of this human error,

Wow, you need to know the scumbags you are living with and who the Managing Agents have allowed to infest your home car park. You can't get many worse than UKCPS; ex clampers with a terrible online forum reputation, who allow no appeals we've ever seen and would not know the meaning of the word 'understanding' if you threw a dictionary in their faces at their HQ (round the back of a Leeds pub).

Ex-Clamper firms don't do customer service ethics, and should be nowhere NEAR your car, ever.

No way would I live there, and no way would I have agreed to display a UKCPS permit. This is untenable and it's surprising you have so far escaped their notorious fake PCNs. Horrible situation! Never accept a permit scheme at home and never move somewhere with a parking scammer. I know you are a tenant and thought you had no option but it's one of the top things on my family's list to avoid, when my adult kids look for flats to rent. None of them ever move anywhere that includes a parking scammer, and they just throw those flat adverts in the bin - no viewings, nothing. And they live in London and large cities, so such places with no parasite scum parking firm do exist.

Now, do not pay it to make it disappear.

Luckily, UKCPS are not very litigious compared to some and if they did try a claim, this is the forum that sees people win, in 99% of cases. Ignore debt letters and stop worrying. Try contacting the Managing Agents & gathering neighbours with the same view, to kick UKCPS out.

If you get a court claim, it is defendable.

If you do move away within 6 years, you MUST update UKCPS to make sure no claim goes to the old address.

DO NOT pay the scam.

KetchupIsGross

I wasn't aware of permit parking until the keys were handed over, the only company I know who are worse than UKCPS are letters of distinction, but that's for another day.

Being 23, this was my first house since fleeing the nest so wasn't as vigiallant as I would have perhaps liked so didn't spot it until too late. Just have to take it as a lesson learned.

The management company don't want anything to do with it and just brush me aside. I've found out that the land is actually owned by a museum next door, however trying to staircase my way from reception to someone of power who can actually help me is proving difficult. Im chasing my own tail with that route.

I will be moving once my tennancy expires in January so rallying up the neighbours isn't going to do much good for me in the short term.

This is another reason why I have come here for advice. Im young and looking to get a mortgage in the next 12 months, so don't want anything showing on my record which can hurt that.

Redx

ensure you have a postal redirect in place and after you have moved contact the UKCPS DPO with the details for your new address and insist that they destroy your old data due to it being out of date and notify you in writing that its been done

you do not want a default CCJ because they served it at your present address, so nip that in the bud just after you move


and to avoid DVLA "fines" of up to £1000 each, ensure your V5C and also your DRIVING LICENSE are updated with your NEW ADDRESS too , as those are real "fines"

Coupon-mad

This is another reason why I have come here for advice. Im young and looking to get a mortgage in the next 12 months, so don't want anything showing on my record which can hurt that.

Good, and that's no problem as long as you tell UKCPS in writing, of your new address 'for service' over the next 6 years...and keep proof of posting (free certificate of posting at the PO Counter - a little slip - keep it! Not recorded or Special Delivery or they won't sign for it and you then have proof of non delivery).

You cannot just get a CCJ and nor can they just send the boys round.

As long as you keep your address for service updated with the scammers and read all the letters to check for an actual court claim to respond to (and do not miss deadlines for that, and come here!) then you CANNOT get a CCJ.

Even if you got a claim and defended it and were a rare person who lost here, there is no remaining CCJ or any effect on your credit rating whatsoever, as long as the Judge-decided payment of about £175 (no huge costs) is then made within 30 days of judgment.

Only pay if and when a Judge says so! Be strong and start as you mean to go on, with such scams in life.

Oh, and as you are moving out, take time to take some photos of the signs right now (this month) and take a full copy of your tenancy agreement and keep it, and try to get access to the Head Lease while you still live there - ask the Managing Agents for it because you are being threatened by their pet scammer, tell them you require the Head Lease under the GDPR as a data subject, and see what they say...!

The reason for this urgent evidence-gathering now, is, you will find it harder in a year or two to defend a case where, say, the signs have long since changed and you no longer have the tenancy agreement or any leverage to lobby the MA for the Head Lease. Right now, you are in pole position to gather some evidence - take plenty of photos, and a copy of all paperwork and the permit itself as well - and keep it safe with all the silly UKCPS letters, and proof of posting your new address to them in January, and then add each letter as it arrives.

I also suggest once you have moved (and DON'T move to another place with a parking scammer on site - listen to 'mother Coupon-mad' on that! ) you also write to your MP to highlight the horror people are going through due to this disgusting, greedy and pointless industry.

And when you buy your first home - again, NO moving to any place with a parking scammer on site. It's a deal breaker.

Guys_Dad

Have a look at Bargepole's thread here.https://forums.moneysavingexpert.com/discussion/5927351/court-report-guildford-another-ukcpm-claim-bites-the-dust

You can see how much simpler it is if you have a copy of the leaseholder's lease. My advice is to try your hardest to get it.

KetchupIsGross

Thank you all for your help. All advice had been taken on board and I've studied the threads linked.

Definately will be on the lookout for these scammers when searching for my next property!

I have images of the signs etc already and will be sure to update my address when moving if this drags on past that date.

There is a little update: After being told twice by the management company that it "wasn't something we get involved with" - I tried my luck again and managed to speak with a very nice lady who seemed genuinely concerned by UKCPS' behaviour and escalated my concern to her manager.

Not holding much hope but it's at least a start and will have to wait a few days for a response so in the meantime will be studying all the information posted here. I didn't realise until now that the small claims court is a few hundered yards from my work. How convenient!