Fined for parking in own space - Court action to be started next week - UK CPM Ltd

CowboyHunter

Hello all,
I have read through the sticky, followed all the instructions and tried to find as many similar cases as possible but have hit a wall. My case now has turned in to a some obscure hellscape. I have changed a few details so I can not be identified.

Here is the background:
I rented a flat with a friend 2017- 2018, in a block of apartments with an underground car park with numbered bays. The numbers corresponded to your flat number.

We were granted the right to use the two parking bays numbered 10 – one of the only flats with two bays. Our rental agreement did not specify use of the car parking spaces but does obviously specify use of the “property”.

There were always signs in the car park, administered by UKPCM. For whatever reason, a new parking scheme came in to place in January 2018 by UK CPM Ltd and the signs were changed. We were issued only one permit for two spaces. The letter with the permit was dated 12/12/2017 but was only received in the first week of January (clearly back dated to cover their !!!!!!). We immediately alerted the landlord who called UK CPM Ltd and arranged for another permit to be sent. No temporary codes were provided we were just told to wait – this was all discussed over the phone.

I received the PCN on 14/01/2018 for not having a permit as the new permit was not delivered until 15/01/2018.
I went through the standard appeals process and of course, it was denied. Although I was shocked at the time, being a resident and now having a permit which they did not issue in time does not matter to them. They kept repeating “the signage is clear and you didn’t have a permit”. I did not argue against that but argued they had an obligation to provide enough permits before the scheme started. I admitted to being the keeper/driver through the first correspondence – ROOKIE mistake I know. This was before I understood how these crooks operate.

I then went through the IAS online kangaroo court using the same argument. UK CPM claim they sent the second permit on 10/01/2018 but the letter was again dated 12/12/2017 and they provided no proof of postage etc just their word against mine. The oh so independent adjudicator “expressed sympathy” but ruled the signage is very clear and I didn’t have a permit. Great. One of UK CPM Ltd’s responses in the process was that I should have sought alternative space while I waited for them to send a parking permit - nothing as such was discussed on the phone.

Our landlord explained that she is leaseholder of the bays in question but took her time in getting the agreement over to us and missed the deadline so I couldn’t effectively argue this point. The document she then sent me was not her agreement, but the original lease when the flats were new for the owner before her. In that lease there is no mention of a parking permit scheme. Ultimately this is not that helpful as her lease might be different. She also contacted the managing agent, RMG, to get them to cancel the tickets but they blew her off. Unfortunately, she didn’t want to deal with all this on our behalf and offered to pay the fine. I refused to give in and hoped it would never get to court.

I get many more letters from DRM and Gallstones and keep ignoring them. I update my address when I move out using their online form for peace of mind.

I then receive an LBC in January this year and argue back and forth over email with Gallstones citing peaceful enjoyment under primacy of contract and requesting they provide proof that UK CPM Ltd have the permission to operate over bays 10 from the landowner. My only defence being the original lease has no mention of a parking scheme. There was a lot of BS from these guys - so many cut and paste responses it was quite fun picking them apart. Fast forward a few months and they finally get to business and send me the contract between UK CPM Ltd and RMG which includes the bays numbered 10. There is no more discussion on the matter and I have kindly been promised court papers from Gallstones. I did not fill out their LBC form upon advice on here and now only have a few days till the court papers are issued.

I shared this contract with my old landlord who has washed her hands with it and transferred the money to me to cover the fine. I still don’t want to pay it out of principle. She will not be willing to spend any time providing me with any further documentation and explained she now isn’t sure if RMG told her about the new scheme or if she signed anything.

I contacted the managing agent myself 4 weeks ago and after a lot of chasing I got them to request UK CPM to drop the fine. UK CPM lied to her and said they would have provided me with a temporary code so it is still my fault – this is not true. I reverted to their response in the IAS appeal about finding another space as evidence. After a few weeks of the property manager pushing, they are now willing to waive it if I pay their legal fees of £60 as “it is now with the legal team Gladstones”. No thanks – funny how that is the same amount of the original fine…
I’ve also sent a SAR to UK CPM one month ago today and they haven’t replied – looks like I’ll be making a formal complaint to the ICO. I will also write to my MP depending on the final outcome (which might just be paying the £60).

So, my question is – what defence would I have in court? Will simple logic prevail? I don’t think I can rely on the right to peaceful enjoyment of my space through primacy of contract as they clearly have a contract with RMG and I don’t have my landlord’s lease. I also don’t have parking specified in my rental agreement.

Should I perhaps issue a Letter before Action to RMG? The examples I have seen were from owners not renters is why I have been reluctant to send one to date. The property manager has also been helpful and pushed to get the ticket dropped.

Other things to consider for a defence:
There was an electronic gate for the car park.
The signage does not specify bay numbers but the sign was on the wall next to my space. I have not used this defence at any point yet.
There are deadlines on the contract between RMG and UK CPM Ltd – UK CPM needed to issue permits on 27/11/2017. Their letter with the permits is dated 17/12/2017 and did not actually reach us until the first week of January.

The contract between RMG and UK CPM did not look like it was signed but “personal information” had been redacted due to GDPR by Gallstones and they wouldn’t tell me what exactly.
I can provide documents on request.

I know my landlord has provided the funds so most people would say pay it but I can’t bring myself to hand money over to these unethical vultures even if it’s not mine. Ideally, I want to beat this case and return it to her. I’m too far into this rabbit hole to give up now!
Anyone’s help would be massively appreciated. I feel like my hands are tied but I’m sure the lovely people on this forum will help me put together a solid defence or tell me it’s not worth it and take the £60 fine while I can!

Fruitcake

What stage are you at with this? Have you done the AoS and submitted a defence yet? You should be following the step by step guide to court written by bargepole you will find in post 2 of the NEWBIES.
You can't just pitch up on the day without doing all the other steps first.

Has an additional £60 charge been added to the original PCN amount?

This is an abuse of process and has caused other cases to be thrown out.

Have a good read of this.

https://forums.moneysavingexpert.com/discussion/comment/75917866#Comment_75917866

As far as the scammers' contract, check this thread to see if it meets the signature requirements.

https://forums.moneysavingexpert.com/discussion/5772224/motorists-2-ppcs-0

You should also complain to your MP about this unregulated scam.

By the way, it is not a fine.

CowboyHunter

Hi Fruitcake.

No AoS yet. I'm expecting official papers next week so plenty of time to draft a defence. My question is if I should save myself the time and pay the "reduced" amount now or if I have a good case.
The fine was £60 then £100 then £160 and now back to £60 to "cover legal fees".
I will give those threads a read and thanks again. Yes sorry charge not fine! Well... Invoice really. Ha!

Coupon-mad

I shared this contract with my old landlord who has washed her hands with it and transferred the money to me to cover the fine. I still don’t want to pay it out of principle.

Good for you. Pocket that money as insurance in case you lose in the end, and do not pay the reduced £60 (why should YOU pay the scammers' legal fees?)

One of UK CPM Ltd’s responses in the process was that I should have sought alternative space while I waited for them to send a parking permit

For whatever reason, a new parking scheme came in to place in January 2018 by UK CPM Ltd and the signs were changed. We were issued only one permit for two spaces. The letter with the permit was dated 12/12/2017 but was only received in the first week of January (clearly back dated to cover their !!!!!!). We immediately alerted the landlord who called UK CPM Ltd and arranged for another permit to be sent. No temporary codes were provided we were just told to wait

THEY caused this issue.

Wonder if a SAR will show you a letter dated a different date, or that the 12.12.17 letter doesn't really exist? Have you sent a SAR yet? I would, one email to UKCPM's 'privacy page' contact, very easy, no tipping them off what you are looking for.

CowboyHunter

Hi Couponmad

Thank you for reading my post and for your support!

I sent a SAR 30 days ago to that email address and have had no response whatsoever. I will be making a complaint to the ICO!