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Block Management Company hiring CPM - tickets issued to my own parking space

VickiVB
VickiVB Posts: 2 Newbie
First Post
edited 20 February 2020 at 1:03PM in Parking tickets, fines & parking
Hello All,
Just wondering if anyone has any advice.  The management company at our block of flats has hired CPM to monitor the car park.  I own my own space and I did not agree to them being appointed.  It seems I can not stop CPM issuing me tickets if a permit is not displayed as they have been instructed to do so by the Management Company.  My question is how to stop the management company giving them permission to do so in my space (my space is allocated to me officially on the lease and is in the plans).  Any thoughts?

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I was in the same boat, I threatened them with legal action,, (I own my own property company), they caved in.  Read these

    https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

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


    what does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.


    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

    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.



    You never know how far you can go until you go too far.
  • VickiVB
    VickiVB Posts: 2 Newbie
    First Post
    edited 20 February 2020 at 1:27PM
    Thank you, I did come across this yesterday - question is have the Management Company broken the law?  I cant stop CPM have tried but they pass it on to Gladstones leading to CCJ etc, would like to just stop the management company being able to give them permission - is there any thing i can threaten them with that they are doing illegally?

    I own the flat and the parking bay...
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 February 2020 at 1:33PM
    The important thing is answer the last question regarding what your lease says

    Until people can read the lease and what the management company can or cannot do , they cannot help you

    You do not "own" the space , it's yours under the terms of the lease , the land would have to be in your name to be owned by you , I suspect a different landowner is named

    If you lease a vehicle , you are not the owner , you do not "own" it
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Only a judge can say whether this breaks the law or not..   IMO it does, bur IANAL,  imo, court is the best place for residential parking charges.  The presence of scammers depresses  rents and lowers resale values 

    If you own the space also read this 

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

    IMO the scammer would be very unwise to take you to court, but that depends on what your deeds say

    If you want to stop the MC injunct them.  Please read about CCJs,  they only happen if you are taken to court, lose, and refuse to pay.

    A couple of years ago I posted on here about this under this user name or my old one The Deep but I cannot find it under the new format.  .  ISTR that the title was The Biter Bit.  You may be able to find it 


    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Show us the lease, as without it you wll not get meaningful advice
    the nuclear option is to take the MC to court, and gain an injunciton preventing them OR THEIR AGENTS from trespassing in your space. 
  • Le_Kirk
    Le_Kirk Posts: 26,431 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    D_P_Dance said:
    A couple of years ago I posted on here about this under this user name or my old one The Deep but I cannot find it under the new format.  .  ISTR that the title was The Biter Bit.  You may be able to find it 
    Was it this one? https://forums.moneysavingexpert.com/discussion/5986707/the-biter-bit/p1 OR this one: -
    https://forums.moneysavingexpert.com/discussion/5501385/ukcpm-charging-100-for-a-space-ive-already-paid-for/p1
  • Coupon-mad
    Coupon-mad Posts: 162,078 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The management company at our block of flats has hired CPM to monitor the car park.  I own my own space and I did not agree to them being appointed.  It seems I can not stop CPM issuing me tickets if a permit is not displayed
    Yes you can.  Do this:
    https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced
    Wording is all there.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 February 2020 at 4:20PM
    deleted

    You never know how far you can go until you go too far.
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 February 2020 at 4:21PM
    Neither, I  got the title wrong.  It may have been called "Over my dead body" Nov/Dec 2017.

    I can only search back a year.
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 26,431 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 20 February 2020 at 6:33PM
    D_P_Dance said:
    Neither, I  got the title wrong.  It may have been called "Over my dead body" Nov/Dec 2017.
    I can only search back a year.
    I can search back to before 2017 but I cannot find any title or body text matching "over my dead body" by either D_P_Dance or The_Deep.   To use the search to find only the words you want just put it in quotes "over my dead body" in the search box and just hit Search without any Author or title.  However, I did find this for you: -
    https://forums.moneysavingexpert.com/discussion/5927955/my-management-company-wants-to-bring-in-cpm
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