PCN on my own space.

Lyyysz

Hi, everyone. 

Last year, on 24/01/2020, 10:00 pm I received a PCN from CPM Ltd while I was parked on my allocated bay. I am currently a resident, renting a flat that comes with a car parking space marked with the number of my flat, as it states on my tenancy agreement. I have been renting for three years and the scheme was put in place in Dec 2020. The permits were sent to landlords by the building management company instead of residents and this caused the CPM to issue most of the tickets to landowners/residents. After receiving the CPN I appealed to CPM Ltd and three days after doing so, I received a letter from the building management on the 10th of February, 2020 stating that: "It appears that a small number of residents may not have received a permit from their landlord and have therefore received penalty notices from the parking company. The directors have therefore decided to cancel all penalty notices issued to residents so far" signed by the building manager. So since my PCN was issued on 24/01 I believed what the building management said in the letter and thought the issue was over. Well, it was not.

To my surprise, I then receive a letter from the CPM saying that my appeal has been refused and that they have got my data from the DVLA. The reason: Not displaying a permit. I messaged the building management and they were not very professional, basically saying it's not their fault, so I messaged my landlord. My landlord told me he owns the car park space as it says on the lease, and he also messaged the building management but they just told him that I have to deal with the consequences of not displaying a permit since I probably forgot about it... but my issue was that they sent a letter earlier saying all PCN were cancelled and now they do not care? Later that year (In May), I received my first letter from a debt collector, I ignored it. I then received another letter from a different debt collector, I ignored it. I have now 3 letters from 2 different debt collectors and the last one I have got is from April 2021 (zzps). I decided to send a letter of cease and desist to both CPM Ltd and the debt collector, stating that: "As the legal occupier and as the Tenancy contract doesn't require me to pay extra to use the parking space. I, therefore won't be paying extra to have the use of something I already have an absolute right to use. Therefore, I require that any invoice issued to me for parking in my allocated bay will be cancelled immediately as I was right and lawfully parked". The only answer was from the debt collector saying the time for appeal has passed, that they are defending the interests of his client and threatening me to send me to court. I haven't answered to that and I am willing to go to court as I feel I am being scammed and I feel they got my data without any reason. I wanted to ask for a bit of advice and If I have any chance of winning or should I just pay...If you need more information please let me know. The PCN was for £100 initially and now is £160 for "administration fees" 

Kind regards. 

KeithP

Who are CPM Ltd?

Car Park Management Services (CPMS) Ltd
or
Central Parking Management Ltd
or
Countrywide Parking Management Ltd
or
something else?

Coupon-mad

You will win.    It will end with a court claim.  You have a solid case!

Stop taking the bait, stop replying to ZZPS, a horrible unregulated 'PCN debt recovery' self-styled waste of space firm , run by someone whose previous debt firm was declared 'unfit' and denied a licence by the OFT.   These parasite middlemen exist PURELY to add money on top of a parking charge and profit from it like leeches, from sad victims who pay.  You do not engage with such scum firms.

Lyyysz

KeithP said:

Who are CPM Ltd?

Car Park Management Services (CPMS) Ltd
or
Central Parking Management Ltd
or
Countrywide Parking Management Ltd
or
something else?

Thank you for answering, they are called UK Car Park Management Ltd. Logo is CPM letters in blue and white.

D_P_Dance

Did they actuallty use the word "penalty"?  If so they may have shor themselves in the foot.

Does your AST mention the use of a permit.?  What does your landlord's lease say about parking?

Read these and complain to your PP.

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

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

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/  

Fruitcake

Complain to the building management company, instruct them to get the PCN cancelled and get your vehicle put on an exemption list.
Warn them that if the scammers take you to court, they, the management company will be jointly liable and will be called as a witness, so you want the contact details of their legal department, and the contact details of the person who will be appearing in court.

Quote the relevant parts of your lease with regards to, quiet enjoyment, parking, parking permits, unregulated parking companies, PCNs, and court claims. What it doesn't say is equally important.

Your lease has primacy of contract and cannot be varied by an unregulated third party who were not a party to your lease agreement. 

The landowner/your landlord should be all over this as the scammers are operating a for-profit business on her/his land.

Have a look at Section 37 of the Landlord and Tenant Act 1987 with regards to a variation of a lease, and ask the management company when (not if) a ballot took place in accordance with that Act that allowed them to vary your lease. Quote S37, especially the ballot results required (minimum number of votes in favour, maximum number against, landlords and tenants must be included in the ballot.)


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

Lyyysz

Lyyysz said:

Hi, everyone. 

Last year, on 24/01/2020, 10:00 pm I received a PCN from CPM Ltd while I was parked on my allocated bay. I am currently a resident, renting a flat that comes with a car parking space marked with the number of my flat, as it states on my tenancy agreement. I have been renting for three years and the scheme was put in place in Dec 2020. The permits were sent to landlords by the building management company instead of residents and this caused the CPM to issue most of the tickets to landowners/residents. After receiving the CPN I appealed to CPM Ltd and three days after doing so, I received a letter from the building management on the 10th of February, 2020 stating that: "It appears that a small number of residents may not have received a permit from their landlord and have therefore received penalty notices from the parking company. The directors have therefore decided to cancel all penalty notices issued to residents so far" signed by the building manager. So since my PCN was issued on 24/01 I believed what the building management said in the letter and thought the issue was over. Well, it was not.

To my surprise, I then receive a letter from the CPM saying that my appeal has been refused and that they have got my data from the DVLA. The reason: Not displaying a permit. I messaged the building management and they were not very professional, basically saying it's not their fault, so I messaged my landlord. My landlord told me he owns the car park space as it says on the lease, and he also messaged the building management but they just told him that I have to deal with the consequences of not displaying a permit since I probably forgot about it... but my issue was that they sent a letter earlier saying all PCN were cancelled and now they do not care? Later that year (In May), I received my first letter from a debt collector, I ignored it. I then received another letter from a different debt collector, I ignored it. I have now 3 letters from 2 different debt collectors and the last one I have got is from April 2021 (zzps). I decided to send a letter of cease and desist to both CPM Ltd and the debt collector, stating that: "As the legal occupier and as the Tenancy contract doesn't require me to pay extra to use the parking space. I, therefore won't be paying extra to have the use of something I already have an absolute right to use. Therefore, I require that any invoice issued to me for parking in my allocated bay will be cancelled immediately as I was right and lawfully parked". The only answer was from the debt collector saying the time for appeal has passed, that they are defending the interests of his client and threatening me to send me to court. I haven't answered to that and I am willing to go to court as I feel I am being scammed and I feel they got my data without any reason. I wanted to ask for a bit of advice and If I have any chance of winning or should I just pay...If you need more information please let me know. The PCN was for £100 initially and now is £160 for "administration fees" 

Kind regards. 

Update: The UK car park management Ltd has sent me an email today, as an answer for the cease and desist letter saying:

"Good Morning,

 Thank you for your email. Could you please confirm your address in order for me to be able to investigate this further for you?"

I don't think they are aware that ZZPS answered before. 

Should I answer? 

Fruitcake

I see no problem with reminding them of your address which they must already have since they sent a PCN/NTK to you there.
Include your VRM the PCN number, and an instruction to put your vehicle and parking space on an exemption list, and to also instruct their agents, the debt crawlers, to cease and desist as well.

Do not let this distract you from your complaints to the management company who employed the scammers in the first place. They are jointly responsible for the actions of their agents.

Have you got together with other residents to complain as well, and get the scammers kicked out? 

Coupon-mad

Yes remind them of your address and show them that letter dated 10/2/2020 and say your PCN appears to have been missed when they cancelled them.

Thekisspainting

Hi everyone, please give me your advise on how to get support if taken to court. Carla
PCN on my own private allocated car parking bay G — MoneySavingExpert Forum