Fined for parking in my own space

Coupon-mad

Jocl said:

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

And tell us which parking firm it is, please.  It isn't who you said.

D_P_Dance

They are now 'threatening' me that I could be sued costing me more than 3 times the original £60

It would only cost you money if they took you to court and won.  As very few "own space" claims are won by the claimant, such a threat is likely to be an idle one imo.

Half_way

If your worried about being threatened, then two can play that game.

 If your lease is clear  ( you still haven't got back on that key issue) then under whos authority were they operating?

If the Parking company hadnt carried out  any checks to see if they could operate there, and/or the management company had not done the same checks then either, or both the managemetn company and/or the parking company could be in a spot of trouble, and at the very least either one of those should be looking at refunding you for your time spent on this,at the very least, which is ( if your lease is clear) a direct result of their actions and incompetence

D_P_Dance

If your problems can be laid at the door of the letting agents and they are members, consider a complaint here.

https://www.arla.co.uk/

Jocl

Jocl said:

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.

Hi everyone, I have just received confirmation in writing that all my tickets are cancelled. I want to give you all the biggest virtual hugs and thanks for your help, it's hard to believe but I have lost many hair and many night of sleeps over this in the last two weeks. For those in the same situation, this is how I did it, mostly ideas and exact words suggested from the forum users, I hope this works for you too. 

Complaint to the landlord
I made a complaint about CPM to my landlord, they are also the property management agent, I quoted the authority to park and primacy of contract, and how CPM has no right to claimed that I am in breach of any parking conditions or I need permission to do so. Permission to park had been granted to me as the current occupier and leaseholder, my lease agreement permits the parking on land in bay X. There was an absolute entitlement to park deriving from the terms of the lease, which cannot be fettered by any alleged parking terms. 

My lease agreement take primacy over the self-serving T&Cs with CPM, their signs cannot 1) override the existing rights enjoyed by residents and their visitors and 2) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. This interfere with my lawful right to ‘quiet enjoyment’ of my property, possible an offence under The Landlord and Tenants Acts.

Informed the landlord what I actions I have taken and what I am planning to do next

I have reported CPM to BBC watchdog, Trading standard, and I will also send a copy of my complaint to my local MPs and Sir Greg Knight MP - Parking (Code of Practice) Bill in the parliament  - (can someone help with the link as a new user on the forum I am not allowed to post any)

In summary

I told the landlord I believe it is their duty to ensure that engagement with suppliers is not going to bring unfair treatment or put leaseholders in a disadvantage position where their rights is breached. I made my landlord aware that I have to disclose their name as part of the complaint procedures to the organisations and government officials mentioned, and that it is possible they will be contacted by one or more of them with regards to their handling on this matter in the near future.

You can see from above I have to put in a lot of pressure to my landlord, because when I first called about my tickets, they had no intention to get involved, so I had to send my complaint in writing, it was then the caseworker called me this afternoon about my complaint, at first he was totally on CPM's side, telling me off for not displaying the new permit, making false statement about CPM targeting leaseholders when they were simply doing their job, and it's my fault for breaking the parking T&Cs, if I don't pay CPM will keep sending letters to chase payment and how they will take me to court eventually..... I had to ask him to stop intimidating me, I made my intention clear that I will not pay CPM as it's my right to park in my bay, and my complaint is merely to inform the landlord what has happened, it is up them to decide if they think any action should be taken. Not long after the phone call, I received an email from him that all my tickets are cancelled.

I know this works out in my favour, but considering the amount of time, stress and effort I have to put through just to get to where I am now, I felt relieved and sad at the same time, I wonder how many vulnerable people out there are suffering the same with no help or simply don't know how. I will shared my complaint to my MPs and Sir Greg Knight, hopefully we may see some positive changes in the parking industry soon.

Le_Kirk

Well done, a good win!

Fruitcake

That's great news. Well done and thanks for letting us know.

The information about the parking bill can be found using a search engine of your choice.

I hope other residents will sit up and take notice when you show this to them.

I suggest a polite but form thank you to the landlord is in order with a request to have your VRM put on an exemption whitelist so you never get put in this situation again, then tell all the other residents to do the same.

I wonder if the caseworker was so pro-scammer that there is some sort of backhander/self-ticketing operation going on.

D_P_Dance

I have reported CPM to BBC watchdog, Trading standard, and I will also send a copy of my complaint to my local MPs and Sir Greg Knight MP 

I love it, a man after my own heart.  Consider also sending a copy to ARMA

https://arma.org.uk/

and post on here

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

Jocl

Fruitcake said:

That's great news. Well done and thanks for letting us know.

The information about the parking bill can be found using a search engine of your choice.

I hope other residents will sit up and take notice when you show this to them.

I suggest a polite but form thank you to the landlord is in order with a request to have your VRM put on an exemption whitelist so you never get put in this situation again, then tell all the other residents to do the same.

I wonder if the caseworker was so pro-scammer that there is some sort of backhander/self-ticketing operation going on.

I have told all the residents about this in the residents whatsapp group, hopefully not many of them have paid CPM.
The caseworker is the same guy I have dealt with in the past, he was always on CPM's side, the fact that he tried so hard to intimidate me and even felt the need to defend CPM by accusing me of 'making false statement that CPM is targeting leaseholders' is shocking. During the conversation I learned that he was the one that made the change on putting expiry date on the permits with the intention to protect leaseholders, I failed to see how that helps us in anyway but didn't want to carry on the pointless conversation with him, because no matter what I say, he'll come back with a challenge that it's my fault. 

D_P_Dance

 by accusing me of 'making false statement that CPM is targeting leaseholders' is shocking

These compamies always end up targeting residents.  Before I bought  one of my flats the a PPC sacked for doing this.  The presence of these companes can effect rents and resale values.  MA sometimes take a rake off and will therefore support the PPC