CPM PCN Resident’s Allocated Space

james862

Hi

Firstly, I am new to the forum, I have had a read of the newbies thread and some threads of cases similar to mine. The issue I have is that I did not do my due diligence and read this information before transferring liability and submitting an initial appeal. I’d like to know what the likely implications are for these actions and what the recommended next steps are. I have no intention of paying and will fight this to the end.

The facts:

I am the leaseholder of the property, the land is owned by the ‘developer’ and managed by the ‘management company’. The management company employ UKCPM to enforce parking restrictions.

My vehicle was parked in my allocated parking space but without a ‘valid CPM permit’. My rights to park in the space are clearly set out in my lease with minimal conditions (that were complied with).

The registered keeper of my vehicle is somebody else for insurance purposes.

Timeline of events:

UKCPM issued the PCN via post (no windscreen ticket) to the registered keeper using details from DVLA.

The registered keeper completed CPM’s online transfer of liability identifying me as the driver.

I submitted a ‘woolly’ initial appeal to CPM acknowledging that I did not have a permit on display and that it was unreasonable for me to have to pay a PCN for parking my own vehicle in my own allocated space (rookie move). Of course the appeal was unsuccessful.

I read the terms of my lease and contacted the property manager at the management company citing my right to park my vehicle in the allocated space. The conditions set out in the lease were met and there is no mention of the requirement to display any type of permit. I requested that as the employer of CPM, they intervened and arranged for the PCN to be cancelled. Unfortunately they refused to do so and rather than acknowledging my right to park, they claim that they have a right to enforce parking on the managed property and that I did not meet the conditions.

I have now received the liability transferred PCN from CPM addressed to me.

My options as I see them:

1. Pay the PCN (no intention)
2. Submit a further appeal to IAS (I understand this is a waste of time)
3. Ignore the PCN and see how far CPM decide to pursue the matter before taking any further action
4. Write further letters of complaint to the management company and/or the landowner (possibly look at counterclaim)

I appreciate I messed up allowing the transfer of liability to be done and rushing to submit a poor appeal (lessons learnt) but I would appreciate some advice on the next steps.

Many thanks

P.S. my name is not James

D_P_Dance

Read these

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

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

My advice would be to ignore them unless they take you to court, when  you consider a counter claim for data breah/harassmeent/ interference with you rights under housing acts.  frpm what you have told us they are likely to struggle in court.  This may amuse you
https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Redx

There is little point in hiding behind POFA in an own space leaseholder case , so divulging the driver and defending as leaseholder is a recommended action anyway , so no issue in your saga so far !

Keep trying 4) until a court claim is issued !!

james862

D_P_Dance said:

Read these

parking-prankster.blogspot.com/2016/11/residential-parking

forums.landlordzone/forum/residential-letting-questions/1053920-private-parking-companies

My advice would be to ignore them unless they take you to court, when  you consider a counter claim for data breah/harassmeent/ interference with you rights under housing acts.  frpm what you have told us they are likely to struggle in court.  This may amuse you
consumeractiongroup/topic/324523-ukpc-liable-for-trespass-success/

Thanks for the swift response, I had already read 2 out of the 3 of those links. That was my gut feeling but thought I’d check anyway.

nosferatu1001

Tell the ppc and mc to cease and desist their breach of your lease. Instruct them to cancel any current tickets and to cease "patrolling" your allocated space. The space is demised to your exclusive use under... and their presence is a trespass, and tortious interference with your rights under the lease. If they fail to cease and desist, and do not confirm this action within 14 days , you reserve the rights to take all necessary legal actions to enforce your lease, up to and including an injunction 

D_P_Dance

Do as Nos says, it is time these parasites were driven from all residential parking spaces.  They decrease rents and lower resale values.  Also complain to your MP.

.  

Fruitcake

Ask the MA/MC when (not if) a ballot of lease holders was carried out in accordance with the Landlord and Tenant Act 1987, Part IV Variation of Lease, Section 37. Ask what the result of this ballot was, and why the decision based on the ballot has not been implemented.

The Act

Landlord and Tenant Act 1987 (legislation.gov.uk)

Section 37, 

37 Application by majority of parties for variation of leases.

Read the whole section, but the applicable paragraphs are here.

(5) Any such application shall only be made if—

(a) in a case where the application is in respect of less than nine leases, all, or all but one, of the parties concerned consent to it; or

(b) in a case where the application is in respect of more than eight leases, it is not opposed for any reason by more than 10 per cent. of the total number of the parties concerned and at least 75 per cent. of that number consent to it.

(6) For the purposes of subsection (5)—

(a) in the case of each lease in respect of which the application is made, the tenant under the lease shall constitute one of the parties concerned (so that in determining the total number of the parties concerned a person who is the tenant under a number of such leases shall be regarded as constituting a corresponding number of the parties concerned); and

(b) the landlord shall also constitute one of the parties concerned.

Umkomaas

1. Submit a further appeal to IAS (I understand this is a waste of time)

While we don't recommend doing that, at the moment, due to PPC staff being furloughed/isolating, they may not have enough staff to deal with an IAS appeal - we have seen a greater (albeit small) number of unexpected PPC withdrawals away from an IAS appeal.

If you're still within their timeframe (21 days I think from the rejection of the initial appeal), then an IAS appeal might be worth a punt. You'll need to load it with lots of hard evidence - lease, copy of the plot and marked parking spot, response from MA re ballot, photos of the parking area (ones that help you, not the PPC), photos of signs which hopefully say nothing about permit display etc, etc. 

Coupon-mad

Yes, try your planned 2, 3, and 4 but have your eyes wide open when you try the IAS (kangaroo court) and include shedloads of evidence about what your lease says:

1. No paying!
2. Submit a further appeal to IAS (I understand this is a waste of time)
3. Ignore the PCN and see how far CPM decide to pursue the matter before taking any further action
4.  Write further letters of complaint to the management company and/or the landowner (possibly look at counterclaim)

james862

Hi All
Thanks for all the help. Just a quick update.

I missed the cut off for the IAS so didn’t submit an appeal. The MA have stood behind ‘their right to introduce a parking enforcement scheme’, when I queried them about the ballot that would have been required to introduce such a scheme, they insisted that they aren’t varying the terms of the lease. I then once again pointed out that the terms for my right to park are quite clearly stated in the lease and those conditions have been met.

I have even told them that although not contractually obliged, I will display their stupid permit to avoid the hassle in future!!

This has now been escalated in line with the MA’s complaints procedure, I have been told there may be a ‘goodwill gesture offered on this occasion’. Clearly I will not accept the terminology ‘goodwill gesture’ as I stand by my rights, however I will be happy to conclude the matter on cancellation of the PCN.

Will update if/when I hear more.

nosferatu1001

You instruct them to cease and desist, and you inform them that if they or their agents continue to ticket your vehicle they will be in breach of your lease holder rights to quiet and peaceable enjoyment. You reserve the right to take any and all legal action up to and including an injunction against the MA and damages