UK CPM - Fined for parking in my own space

Bobb12345

Hi All,

I know this has been covered a lot recently in other parts of the forum, but I had a situation the other day, where the permit I have from UK CPM fell off my dashboard and onto the floor of the car. I only noticed a day or so later, and as luck would have it in that time they have sent me a letter saying I now need to pay a 60 fine.

Never mind the fact that it's wholly immoral that I have been fined for parking in the allocated parking space for my own vehicle. I have refused to pay the fine and really don't want to have to go to court to fight it.

I have sent a letter to UK CPM asking for the charge to be dismissed - Lack of landowner rights and signage stating it should be an invoice rather than a fine. I have also written to the Property Management Company to get involved as it was they who asked UK CPM to manage the car park.

I'm hoping that the charge will be overturned, but would welcome any advice anyone has here. Many thanks.

Deltadia

Hi Bobb,

I think you are in the same or similar boat as me (https://forums.moneysavingexpert.com/discussion/6086831/ukcpm-pcn-dispute).

I have tried appeal on CPM but obviously they rejected citing that by parking I am agreeing to the signage they posted around the parking. However Ive checked my Leasehold and it did not state any requirement for showing a permit or following a rule.

I have written to Optivo (landlord/management company) asking them to interfere and also review the service of UK CPM as they do not help to regulate parking anyways(I have been documenting non-permit showing cars in when I see them and I have added this as an evidence for them to end UKCPM service as well as to cancel the PCN)

I am also planning to contact Local MP regarding PPC issue. And also contact UKCPM asking them to delete any personal information they are holding for the PCN under GDPR as they have issued PCN wrongly.

But I think it will be prudent to prepare for the worst (court case) and hope for the best. So check the leasehold about parking and also about any changes to leasehold that may have happened over the years.

Edit: I didnt get to read through Newbies guide before appealing my case on CPM. But as its advised in Newbies guide on IPC company, it seems its better to wait for NTK. And also it seems to be that when communicating, its never a good idea to admit who is the driver (i havent really understood the reasoning behind it ..) so only identifying yourself as keeper/leaseholder seems to be the best method.

Bobb12345

Hi Deltadia,

Many thanks for the reply as well. It's really appreciated. Yes I was rejected by CPM and have also written to the landlord / management company as well as a second response to CPM citing the fact that they issue a fine when it should be an invoice as well as checking the terms of my tenancy. It has no mention of any parking permit required so that should be enough to kick them out. I mentioned that as well. Effectively, they are operating illegally.

I will double check the leasehold as well just to ensure that there is nothing about a parking permit. I'm pretty sure there isn't.

I have written to my local MP highlighting the topic as well, it's a hot topic at the moment so if you can get the local MP on board then it's great. I know there was a bill passing through parliament a little while ago on about companies such as these.

Good on you for documenting the cars parking in the area. I suspect you are right as well, that UK CPM are basically out to scam those people who legitimately park in the area. It's utterly ridiculous that you have to waste such a huge amount of time and effort and basically need to go to court in order to get these things overturned.

I will do my utmost not to have to pay this ridiculous and scandalous charge. We can keep in contact on how we both get on!

Fruitcake

Nobody has been fined.

Motorists are advised not to reveal the driver's identity in most cases as a keeper has protections in law that a driver does not. However, for an "own space" the opposite is often advised.
Complaints should be made to the landowner/MA/whoever employed the scammers.

Everything will turn on what your lease/AST says about parking/permits/parking charges/court claims.
Equally important is what it doesn't say.

Your lease/AST has primacy of contract over anything a third party scammer says.
Read the relevant part of the Landlord and Tenants Act where changes to a lease can only happen if more than a certain percentage of residents has been balloted, and a majority reached in favour of the changes.

Complaints should also be made to your MP about this unregulated scam.

Hammer the landowner/MA again and again, but expect this to go to court so be prepared.

If that happens, read the guide to court you will find in post 2 of the NEWBIIES.

Coupon-mad

I'm hoping that the charge will be overturned,

LOL!

No chance unless you complain to the landowner; this is not a normal company. UKCPM are ex clamper thugs and the IAS is a kangaroo court.

These (UNLESS CANCELLED BY LANDOWNERS) are ONLY beaten in court, and we are good at it. Did you miss reading the NEWBIES thread?

You have NO CHANCE at appeal stage, but every chance by a quick landowner complaint, and even more chance of winning later in court, if you show the Judge that they knew you paid and you showed UKCPM the ticket as proof, in this pointless appeal (hmmm...not so pointless, for that reason only, so keep the ticket and proof of appeal!).

Bobb12345

Coupon-Mad - Many thanks for the reply. I genuinely don't want to have to go to court over this utterly pointless nonsense, but if need be then I will do so. Yes, they are thugs. I totally agree.
I spent a lot of time reading through the newbies thread today, there is a heck of a lot there and I couldn't find anything connected to my particular situation, but I guess I don't need to.

I will hammer the Property Management (landowners) people on Monday, insisting that they get this ticket overturned. I have the parking permit and have evidence they have acknowledged this.

Fruitcake - I will be hammering whoever employed the scammers on Monday, when their offices open. I have checked my AST and it says the following:

19.1 19.1 To park in the space allocated to the premises, if the Tenant is allocated a car parking space.

I am allocated a parking space, so this should cover me right? It makes no mention of having any permit required or anything like that.

I have contacted my local MP as well. I'll check post 2 of the Newbies. Many thanks.

Fruitcake

As I said, your lease/AST trumps anything these scammers try to impose.

If your lease/AST says you have a right to park, and does not mention any requirement to show a permit, then you have the inalienable right to park without showing a permit.
This is the agreement you have with the landowner/leaseholder etcetera. You do not have an agreement with the scammers. They do not have an agreement with you.

What your lease is silent on is just as important as what it actually says.

Bobb12345

Fruitcake - Many thanks. You are 100% correct so the current condition in my AST:

19.1 To park in the space allocated to the premises, if the Tenant is allocated a car parking space.

Will cover me if this pointless twaddle ever gets to court? As you say, there is 10000% no mention of having to have a permit or anything like that.

I'm going to write to every property in the block of flats and encourage them to contact the Property Management Company in order to get UK Car Park Management thrown out. This may have no effect at all, but if I don't at least try then they will continue to ticket the innocent and get away with it.

I have also written to the Property Management Company in order to get this thrown out. I shall see what happens. Many thanks for the help.

Fruitcake

Good for you.

Remind the MA/MC and other tenants that the Landlord and Tenancy Act (the law) states that, "Both you and your landlord must agree in order to change the terms of the tenancy agreement."

If you didn't agree to the imposition of a parking scammer then the MC may be breaking the law by forcing their Ts and Cs upon you.

There is something somewhere that says changes to a lease/AST agreement have to be approved by a majority of residents. Perhaps one of the other regulars can point you to it.

Le_Kirk

I agree with Fruitcake, the MA/MC should have carried out a consultation and then sought the agreement of 75% of the residents/tenants with no more than 10% disagreeing BEFORE they imposed the PPC.

Bobb12345

Hi Le_Kirk and Fruitcake,

I will remind the PM about the Landlord and Tenancy Act when I speak with them again tomorrow. They haven't replied to the email I sent them. Details outlined below.

One question I did have is about the AST I have. Does it carry the same legal weight as the actual lease of the property? The AST makes minimal mention of the parking space and I'm concerned that the detail won't be enough. I guess because it makes no mention of any charge, it IS enough. Where would I go about getting details of the actual property lease?

I have spoken to the letting agents and they are unable to provide it, but have provided me with another copy of the AST.

'Dear Sir / Madam,

I am writing to you in relation to a parking charge notice (PCN) that was left on the windscreen of my car (reg REDACTED), while parked in my marked bay (number REDACTED) on the morning of 31.12.2019 at the address REDACTED The PCN was issued by CPM UK Car Parking Management. I have attached a copy to this email.

This email is to direct you to instruct CPM UK Car Parking Management to cancel the issued PCN and close the matter.

The Tenancy, which exists between myself, as the occupier of REDACTED the landowner and yourselves - REDACTED - grants me the right to park my vehicle upon space numbered 'REDACTED' without the requirement to display a permit or comply with the terms outside those stated within the Tenancy or terms set by any third party who is not party to the Tenancy.

The Tenancy states:

19.1 - To park in the space allocated to the premises, if the Tenant is allocated a parking space.

CPM UK Car Parking Management has photographic evidence of the fact that the vehicle was parked in accordance with the terms of the tenancy at the time the PCN was raised. The vehicle is taxed and insured and in a roadworthy condition.

The tenancy has been in effect since at least 2017 and has not been varied or altered since that date. It was therefore in force and unchanged on 31.12.2019 when the PCN was issued. Therefore, all terms within the tenancy were in effect on the date relating to this matter.

My vehicle, registered to me, at REDACTED is in a roadworthy condition and is taxed and was parked in the bay numbered 'REDACTED'. I, therefore, met all of the obligations in the tenancy in relation to my right to park my vehicle upon it's allocated space. I, therefore, deny and resist any requirement to pay any charge to any party in relation to the PCN.

CPM UK Car Parking Management was acting on your behalf, as your agents. Neither the landowners, managers or any agents acting on their behalf can force me to enter into an additional contract simply to exercise existing rights unless there is an agreement between both parties through the signing of legally binding documentation to that effect. This has not occurred. No variations to the Tenancy have occurred, minor or otherwise. There is no evidence that regulations have been set and there is no correspondence which states that regulations have been set.

As a tenant, I am protected by law from derogation of grant. This right protects both the tenant and the landlord against actions that materially affect the rights of both parties. By employing CPM UK Car Parking Management and failing to ensure that tenants and residents are protected from charges resulting from parking vehicles in accordance with Tenancy agreements, it could be argued that you have made the property materially less fit for purpose, have deprived me of my existing right to park my vehicle in my space, and have interfered with my right as a tenant to quiet enjoyment. This would be in breach of the Tenancy clause:

23 Quiet Enjoyment

To allow the Tenant to quietly hold and enjoy the premises during the tenancy without any unlawful interruption by the Landlord or any person rightfully claiming under, through or in trust for the Landlord.

Should the PCN not be cancelled within 7 days, and myself be notified, then I will consider a claim in the County Court against REDACTED to recover any loss. This is absolutely something I do not want to do as it'll be a waste of everyone's time. However, I know I have an extremely strong case, backed by similar legal precedent and I refer you to similar cases where the ruling was in relation to a tenant being issued a PCN from a third party parking company:

PACE Recovery and Storage v Mr N C6GF14F0
Jopson v Homeguard (2016) B9GF0A9E
As I said I hope that this matter will not reach court, but should it reach that stage, then these cases will form a part of my defence.

In summary, I was lawfully parked (as per the terms of the Tenancy), I deny all charges against me and require that you instruct CPM UK Car Parking Management, acting on your behalf, to cancel the PCN. If this occurs within 7 days from the date of this email I will consider the matter closed.

I look forward to your swift response and a swift resolution to this matter.

Kind regards'