Fined for parking in my own space

Jocl

Hi,

I received PCNs from UK Parking Management Ltd for 'failing to display a valid permit' in October 2020'. It was then I realised the permit I had on my windscreen shows it is expired on 1st October 2020.

I then submitted my appeals to CPM with explanation that, due to the pandemic and ongoing anti-social behaviour in the basement car park, I hardly go out at all, let alone going down to the basement or use the car park this year, hence I was unable to replace the new permit on time. Furthermore, being the legal owner and I parked in my own space the entire time, I have not violated the use of the car park or created any inconvenience to other motorists. 

It’s worth pointing out, I am not the only one received PCNs, a lots of the other residents also received multiple tickets in a matter of a week for the same reason, we had no idea and not aware of the situation until someone alerted us on the resident’s whatapp group that there are tons of tickets issued from CPM. It's always the same owner same bay each year but CPM issues new permit on a yearly basis and expect us to change it. 

As expected, CPM rejected all my appeals, they said it is your responsibility to ensure a valid permit is displayed at all time, it's our duty to avoid unfair usage for all other motorists'. 

I was made redundant and been unemployed since July this year, there is no way I can afford to pay for any of the tickets issued. Some of the residents have paid to avoid the hassles, some decided to just ignore the tickets and suggest that I should do the same and don’t waste time on this, but I know eventually CPM will start their scaremonger tactic and harass me with letters to demand payment. I am already under a lot of mental stress with the job and money situation, I don’t think I have the extra mental strength to wait it out and see what may or may not happen.

I am no legal expert, but shouldn’t my lease agreement protect me and enable me to have access and use the bay that I purchased?

Any advice on this would be much appreciated.

Le_Kirk

Your lease should protect you; what does it say about parking?  More importantly what doesn't it say?  Is it silent on the subject of permits?  Why do you display a permit if the parking space is yours?  Suggest you read the NEWBIE sticky for the initial appeal format and then read some "own space" defences; it is a bit early in the process to be worrying about a defence but you might pick up some useful information.  Read other threads also, see what other posters have done.  Were you there before the parking scammers?  Why did the residents let them in?  
When it happened was a consultation and vote carried out and did more than 75% of the residents agree with not more than 10% disagreeing?

deighton2002

I had a case similar to yours and POPLA did not accept my COVID argument even though they themselves had shut and the Housing Association that gives out permit had shut.  They came up with the superb non-explanation of
'The appellant says that parking elsewhere at the time would have been unsafe due to the nearest unrestricted parking being a mile away and would mean passing through busy places and tube stations, increasing the risk of COVID infection. Whilst I certainly appreciate the appellants concerns, when entering onto a privately managed car park such as this one, the motorist forms a contract with the operator by remaining on the land for a reasonable period. '

I would recommend getting a mass complaint going to the landowners

knightstyle

Quote on here the EXACT wording of your lease regarding the parking space.  If it says nothing about a permit you do not have to display one unless you agreed to.

Redx

Read this to see the possible issues and explanations

https://forums.moneysavingexpert.com/discussion/6218726/pcn-while-in-gfs-allocated-parking-bay-permit-slipped-off-dashboard/p1

We need to see copies of your lease , similar to what is in the thread I linked , compare the wordings

Fruitcake

It is not a fine.

All the residents should get together and complain to the landowner and managing agents. 
There is no reason for an unregulated parking scammer to be on site ticketing residents. Changing permits overnight and making sure they don't arrive in time to be displayed is a common trick amongst scammers.

Do check the terms of your lease/AST as advised to see both what it does and doesn't say about parking, permits, parking charges, and court claims.

Have a look at Section 37 of the Landlord and Tenants Act 1987 then ask the landlord and MA when (not if) the ballot required by that act was conducted permitting changes to your lease to be enacted.
Also ask for a copy of the parking contract that your are allegedly required to comply with.

D_P_Dance

Have you read this?

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? 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.

Coupon-mad

UK Parking Management Ltd

Who? Try again.

Jocl

Thank you everyone, that's very helpful. I'll dig out the lease and see what it says. 

deighton2002

I had similar to you at my housing association.  As an appeal to POPLA I tried COVID (hous. assoc. offices closed), had an Email telling me they would arrange permission, and that my letting agent had specified residents parking but failed to give me a permit in time.  Result = FAIL!  They simply ignored all of the COVID danger argument (you know the one, arguably the biggest world emergency since the 1940's).

They are now 'threatening' me that I could be sued costing me more than 3 times the original £60 (discounted).  That isn't much money for them to aim for given the legal complexities of a competing tenancy agreement, verbal or otherwise

Actually there is a reason for these parking guys, it's that commuters started dumping cars to avoid car park fees, thus making like a misery.  ., however parkingtickets.co.uk apparently first made the efficacy of their service known to residents via a weekend raid on anyone who had not put their new permit in their car within 2 days.

Half_way

As above, your lease is key, permits, signage etc are meaningless

 Its also important that you make it clear that: you have only been / are only displaying a permit as a courtesy

and you do not under any circumstances pay any parking charge notice of any amount - even a penny until you are clear on the position of the lease - and even then you should not pay.

As soon as you find out what it says in the lease/ freehold then you will eb in a stroinger positon, and as such the advice you receive on how to proceed will be better targeted