Received a parking charge because the parking permit slipped and was not fully visible

Coupon-mad

ritwolf said:

I found today that a different management company, when a resident can provide a picture of the parking permit, reduces the charge to admin fees (around £15).

The appeal letter I received states that UKPCM acts according to industry standards, but the previous could be proof that this is false and that they might be taking advantage of their position. They are still asking me for the entire amount of the PCN (or reduced if I pay before 14 days).

Do you think this could be enough to go against them in the small claims court?

Nope.

UKPC reduce PCNs to £15 but are another ex-clamper firm and no better that UKCPS.  No residential site needs a PPC.  Some merely need a gate.

1505grandad

Per opening post (for info):-

" I live in a flat with a private parking site managed by Parking Control Management UK Ltd."

Coupon-mad

Good spot!

PCM are not UKCPM.

ritwolf

The company is: Parking Control Management UK Ltd. (I wrote UKPCM by the way, not UKCPM).

Anyway, I don't think it matters now. I spoke to the estate management company and they don't want to intervene. Not much left that I can do if I want to resolve it before the charge raises to £100.

Thanks everyone for your help.

nosferatu1001

WEll they hired them, and they're the ones you'll sue for interference with your lease if you keep getting harassed...

D_P_Dance

1. ritwolf said:
   I found today that a different management company, when a resident can provide a picture of the parking permit, reduces the charge to admin fees (around £15).

A good management company would never allow these pariahs to operate.  They have no place in residential car parks, they deter good tenants, and depress resale values.  My MC  wanted to put one in.   i threatened them with court and have heard nothing since.  No doubt they will try again when I have sold my flat.

https://forums.moneysavingexpert.com/discussion/5927955/my-management-company-wants-to-bring-in-cpm/p1

Fruitcake

ritwolf said:

The company is: Parking Control Management UK Ltd. (I wrote UKPCM by the way, not UKCPM).

Anyway, I don't think it matters now. I spoke to the estate management company and they don't want to intervene. Not much left that I can do if I want to resolve it before the charge raises to £100.

Thanks everyone for your help.

The charge cannot rise above the amount specified on your lease/AST. If there is no mention of a charge, or parking scammers, or permits, or paying scammers, or court mentioned in your lease/AST, then the amount you are required to pay an unregulated third party scammer is zero.

If you pay them, they will be back for more, and more, and more. Only a mug would pay a scammer when their lease/AST does not mention paying the scamvoice.

ritwolf

This is the only mention to parking in my tenancy agreement:

Cars and Parking:

 - To park a private vehicle only at the Property.

 - To park in the car parking space, garage or driveway allocated to the Property, if applicable.

 - To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of

any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.

 - To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.

 - Not to park any vehicle at the Property that is not in road worthy condition and fully taxed.

However, the parking space is not allocated and I'm still not sure I have a case that can hold against them. Trust me I would like to challenge them in court because I feel they have abused their position. I spoke to the estate management company and they don't want to intervene either.

Fruitcake

ritwolf said:

This is the only mention to parking in my tenancy agreement:

Cars and Parking:

 - To park a private vehicle only at the Property.

 - To park in the car parking space, garage or driveway allocated to the Property, if applicable.

 - To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of

any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.

 - To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.

 - Not to park any vehicle at the Property that is not in road worthy condition and fully taxed.

However, the parking space is not allocated and I'm still not sure I have a case that can hold against them. Trust me I would like to challenge them in court because I feel they have abused their position. I spoke to the estate management company and they don't want to intervene either.

The operative words regarding a parking space are, "if applicable". If you don't have a space allocated, then that whole line does not apply. You have complied with everything else. 
There is no mention of a permit, therefore no requirement to display one, therefore not displaying one cannot be a breach of your tenancy agreement.

The scammers are not a party to your tenancy so cannot vary it or require you to do something not required by the tenancy agreement.

You already have a right to park, and the scammers cannot take away, add, or vary that right. They cannot offer you something you already have a right to do, and cannot penalise you if you do not comply.

A variation of your agreement would require a ballot of all residents and landlords in accordance with Paragraph 37 of the Landlord and Tenants Act 1987, and a majority in favour, with a minimum number of dissenters, all defined by the Act.

If no ballot was taken, or the requirements of the Act were not met, then whoever employed the scammers have breached your tenancy agreement and are jointly liable for the actions of the scammers.

Coupon-mad

However, the parking space is not allocated and I'm still not sure I have a case that can hold against them. 

You do.  Those terms are your only obligations.