3 Parking Tickets - UKCPM

Cryper

Hello,

I moved into my new apartment on the 1st of July. I have an allocated parking space in the underground parking which can be accessed after opening a barrier and another gate.

When I moved in, the estate agency failed to provide me with a parking permit and gave me a provisional code to display in the windscreen. I wrote that on a piece of paper and put it inside the car.

However, two times during the month of august it appeared that it have fallen off or flipped sides so it was not visible anymore. Therefore, I received two parking tickets on those occasions.

I called the estate agent, no help. I called the building management company, no help again. I called the UK CPM (issuer of the ticket) they told me that they sent me a permit in July and I should have displayed that. BUT I HAVE NOT RECEIVED ANYTHING.

So yesterday, I was told that I need to display a new code and that they send the permit again. I was not at home, so I had no access to the car so the old code was displayed in the windscreen. This morning I have received a new parking ticket because I did not have the new code or the permit displayed - THE PERMIT HAVE NOT ARRIVED YET.

It is very frustrating because I have the right to park there and all the issues are regarding the fact that I have not received the parking permit. Usually I would display that code on a piece of paper, but the first two times, as explained in the above text, it fell or flipped sides.

I already appealed the first two tickets straight away to them. Was it the right move?

What should I do regarding the latest ticket received this morning?

I searched for information on this forum but I mam not sure what is the best approach.

Thank you very much for your help!

nosferatu1001

What does your lease say?
Get that out and read it, and tell us what it gives you as regards to parking , use ofthe car park, etc.

Start there.

Show us what you appealed.

Cryper

Hello,

I looked in my contract and the only reference to the parking space is the following:

“The Premises” will include any parts or all of the Premises that the tenant is entitled to use within this
agreement, and curtilage of the same, together with the garden, garage and parking space "

Nothing else in the contract refer to the parking space, apart from our conditions before the contract, that they agreed to: To have a parking space.

However, in the parking area there is displayed a rule board saying that" A VALID UK CPM PERMIT MUST BE CLEARLY DISPLAYED IN THE FRONT OF WINDSCREEN AT ALL TIMES" ( It is the classic board I have seen on other posts but I cannot find a way to attach it here)

In the appeal of the first two tickets, I was straight forward and explained them the situation: have not received the parking permit, and the code has fallen off or flipped in the second ticket's case but that I still have the allowance to pay there as I am paying for that space.

As this is the first time I am dealing with these things in the UK, I do not know if that appeal was the right thing to do. Therefore, I wanted to ask for advice on how to deal with the 3rd one and if it is anything that I can do better regarding the first 2 tickets.

Thanks for any help!

The_Deep

Read these

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://forums.moneysavingexpert.com/showthread.php?t=5969018&highlight=jestershoe&page=5 post 93 et seq

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

The board you quote, (who signed it), may be entirely meaningless, it is the wording of your lease/AST that matters

Cryper

Hello,

Thanks for the support. I read those and I went back to my AST. There is nothing regarding the parking more than that I have previously quoted in my previous post:

“The Premises” will include any parts or all of the Premises that the tenant is entitled to use within this
agreement, and curtilage of the same, together with the garden, garage and parking space "

In this case I do not know what route should I follow. Is this enough for me to prove that this is the agreement for me to park there without displaying a permit? - as it was per the case you recommended.

Thanks!

The_Deep

"In this case I do not know what route should I follow"

Read some other "own space" threads, there are plenty of them.

[Deleted User]

Simple

1. Absolute right to park on your demised land (actually even without a permit)

2. Even if the court is without you on (1) above, the claimant is seeking to charge you for it's own failure to supply a permit. Bet they don't have proof of posting.

Redx

A recent win using the CRA 2015 was using the fact that no consideration = no contract , they offer you nothing

See the thread by Jestershoe

Cryper

Johnersh wrote: »

Simple

1. Absolute right to park on your demised land (actually even without a permit)

2. Even if the court is without you on (1) above, the claimant is seeking to charge you for it's own failure to supply a permit. Bet they don't have proof of posting.

Thanks for the advice.

They argued that they provided me with some "temporary codes" to display.

Can they argue that those were not displayed and that is why I received the ticket? Because they were lightweight and they fell off or fell of. So basically, still their fault that I was not given a permit, but just wondering if they are covered by the fact that they provided me with some code to write down on a piece of paper.

However, those codes were temporary and expire every 5 days. And during these 2 months I had been given only one code.

They argue that is my fault that I did not contact them to tell them that I have not received the permit any sooner.

The_Deep

If this is part of yyour demised property it is worth a c
counter claim imo, read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

[Deleted User]

If their Particulars of Claim fail to allege that a magic code should’ve been displayed, then I struggle to see how they succeed on that.

Your best case (subject to the terms of the lease) is likely to be that you had an absolute right to park and no permit scheme can trump that.

A permit is a mere administrative device. You requested a permit to assist their parking operative to know you were a resident. That’s not a consent to the waiver of your entitlement to park on the demised land absolutely. Further, based on what you say it appears to be accepted you were eligible (and it follows they accept your right to be there) but they then failed to supply a permit.

The contract (sign) won’t say failure to display a code, so it seems unlikely that they’ll be able to prove a code was an alternative or that if displayed they wouldn’t have ticketed.

Finally there is no loss as the scheme is designed to ensure you can park in your bay as a resident. In fact if permitted to succeed the ppc would be operating a scheme that caused detriment which clearly cannot have been the intention of the contracting parties.