Letter of Claim from BW Legal from their client CPMS Car Park Management services | Car Abandoned?

bonvoyage

Hi Guys, 
Really appreciate any of your help with this, i'm struggling with recent disability and my attempts so far to deal with this ongoing parking ticket conundrum is really making me struggle. I've read newbies threads but I'm really getting overwhelmed by the enormity of it all and i'm not sure if any of it applies to my current situation as i've not read any similar cases. 

I've had a letter of claim from BW Legal from their client CPMS Car park management services, who I don't think are a member or the BPA or IPC, so not sure how to respond, Citizens advice doesn't really provide much info regarding to the type of claim I have. 

I basically live in a building, one of three of its type in my city. I originally lived in Phase one of the building, for a year, where we had a double car parking spot for 2 cars. We parked in space 33, and our neighbouring spot, 35 saw us struggle may times to fit a third car into this spot (we managed but it was a lot of manoeuvres.) And kindly let us use the neighbouring spot, 35 as he doesn't have a car. We had no issues the whole time we lived there for a year.

Then we moved across the road into phase 3. Much smaller car park, one car parking space. We struggled with on street parking for a while, my roommates car being broken into etc. We asked if we could continue to use the space in 35, which our neighbour confirmed verbally and over text message - absolutely fine, no issues whatsoever, he doesn't have a car. We parked there for around 6 months 19th Nov - 5th may ish 2018-19 before our neighbour at 35 said he'd switched spaces with another flat, 12 who needed a bigger space. So they now used 35, and we used 12. 
Had no problems. I got a new car, and having never had to park in our building, up until i was away and needed my car to be somewhere stationary for a couple of weeks, i parked in space 12. My car was unrecognised by people in the building. And unluckily, flat 12 who has swapped spaces with 35 had moved out, and thus, were not aware of the switch agreement. And thought I had ' abandoned' my car in their space. A lot of drama then ensued, where i received 3 parking fines of 100 on 3 separate days where CPMS were called up. My balance due is 460.00 plus estimated court costs of another 90 or something pounds from BW Legal

I have contacted flat 12 who are unresponsive, and the neighbour at 35 we had doesn't want to get involved as he is afraid he is in breach of lease by letting us use his car parking space by building management. People let their spots out to others in the building all of the time. We are all managed by the same building management, it's just a different phase of the building. 

I've contacted building management who have been nothing but rude and difficult and unhelpful regarding the matter, even though it wasn't themselves who issued the ticket in the first place. We now live back in the building, funnily enough. 

It's a strange and longwinded situation and i'm really not sure what my next steps are, any help or advice would be greatly appreciated. And i appreciate your time reading this. 

KeithP

Car Park Management Services (CPMS) Ltd have been members of the IPC's Accredited Operators Scheme since 2015...



https://theipc.info/aos-members/c

bonvoyage

Any help on how to proceed would be greatly appreciated

Coupon-mad

LBC stage is fully covered in the NEWBIES thread, as is court claim stage that will follow.
You can't stop that unless the landowner will.
  
Can I ask why did you move from phase 1 to phase 3, because this has caused you to lose a parking space and cause you detriment, so was this your choice?

bonvoyage

Hello, 
Thanks for your response. It really wasn't our choice as our landlord sold the property, giving us a month to move out and find a new place, we chose to live closeby, and found a property in the building across the road. Not sure on how to find the landowner as land registry just brings up the individual flats in the building?

NeilCr

If you are renting you could ask your landlord who the landowner is. They should know

D_P_Dance

Have you read this

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

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.

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.

bonvoyage

Thank you for your reply. After my letter i've contacted CPMS for an SAR to hopefully delay the process, and then i've also messaged BW Legal to inform of this, to halt data processing as the forum has suggested so far. 

My only issue is that i did not live in the exact same building at the time of this incident.  I lived in phase three at the time and was using a neighbours spot in phase one. I now live back in phase one. They are all the tobacco factory, just different phases. I will try and contact my landlord to find the landowner. 

I've attached something i've found in my current tenancy agreement. But aside this, nothing directly refers to people allowing friends to use parking spaces. 

I am also in the process of writing to my MP, hopefully this can be resolved. Are there any other courses of action I can take - do you think I have a good case?

bonvoyage

And in reply to your question, it's not permitted parking, just key fob entry, but i still have the codes for the doors. And our neighbour allowed us into the building to use the spot. 

Coupon-mad

bonvoyage said:

And in reply to your question, it's not permitted parking, just key fob entry, but i still have the codes for the doors. And our neighbour allowed us into the building to use the spot. 

Sounds like the perfect set of facts to add to our new template defence, and yes, you have a good case!