Tips & advice on court proceedings. UKCPM trying to charge me for parking in my own allocated space

ukcpm_canSMD

Hello all, I have read through a fair number of the posts on here, and they have greatly helped me in the past. however this case is quite specific so I am writing to try to get some advice from the experts :P

I currently rent a property that comes with its own allocated car parking space. on my first week of moving in I was transporting a lot off my stuff in my car- I had been given a permit which I have been displaying, but on these two occasions, the permit slipped from my dash to  my chair ( where it was still very visible the cheeky sods)
UKPCM issued a me an invoice for both occasions.
My actions thus far are as follows:

- I contacted the property management company and requested that they speak to UKCPM and get the tickets dismissed as I am a legitimate user of the space. the management company were initially quite polite with me and were going to speak to ukcpm, but when they discovered I was a tenant and not a leaseholder they became very rude & unpleasant and refused to do anything at all.

- I appealed the charge through UKPCM ( I realised now that this was a terrible error & a complete waste of time)

- I appealed the inevitable appeal rejections through IAS ( I now realise this is also a waste of time) and am waiting for the outcome. also definitely a rejection.

- I submitted a SAR to both the property management company & UKCPM via email ( pending response)

- I requested UKPCM to share any contract or legal wording that allows them to manage the car park ( they refused)

- I have requested property management to share any contract or legal wording that allows ukcpm to manage the car par ( pending response)

Some additional info:

I have free access to a successful solicitor (close friend) that is willing to represent me if/when this goes to court ( I fully intend to ride this all the way)

I have read through my tenancy agreement. no mention of a permit at all, just the following wording: 
10.24.You agree to park only in the space/s or garage allocated to the Property (if any) and to keep any vehicles kept at the Property fully taxed and in a roadworthy condition. 10.25.You must obtain written consent to store or leave on the Property or any communal car parking space any commercial vehicle, caravan or boat, such consent not to be unreasonably withheld or delayed.

I do feel confident but I would greatly appreciate any tips to assist me in preparation for court.

Half_way

Whats going on, this is the third one of these today.

if you can get in touch with the landlord, even better if you can get the head lease/freehold

ukcpm_canSMD

Half_way said:

Whats going on, this is the third one of these today.

if you can get in touch with the landlord, even better if you can get the head lease/freehold

I have asked the letting agent to assist me in getting in touch with them, but I doubt they will have much sway now that UKCPM have got their heels dug in.

Half_way

The only thing Rupert and friends have the heels dug into is a stinking mess

ukcpm_canSMD

Half_way said:

The only thing Rupert and friends have the heels dug into is a stinking mess

Indeed, they do seem to have. I am quite looking forward to seeing them in court, but also anxious that I will end up looking silly if it results in me paying the full £100 plus court costs instead of just £60

Umkomaas

Rupert looks after UKPC (when he's not riding around in the Aston Martin!)

D_P_Dance

Read thes, google "primacy of contract" and complain to your MP,

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/

ukcpm_canSMD

D_P_Dance said:

Read thes, google "primacy of contract" and complain to your MP,

Thankyou, I have actually read all of these as I have trawled the internet for all and any related cases. Hence my decision to allow the matter to go small claims court. I'm fairly sure that Primacy of Contract also covers a Tenancy agreement.

I did go through UKCPM's lame-assed appeals process as It struck me that my willingness to settle things simply may put me in a good light to the judge should UKCPM attempt miserably to take me to court.

ukcpm_canSMD

D_P_Dance said:

Read thes, google "primacy of contract" and complain to your MP,

Also, @D_@D_P_Dance could you give me tips on submitting a successful complain to my MP? I saw that you have successfully done this in the past.

Fruitcake

There is no template for complaints to your MP.

Just say what's happened. You have an existing right to park, but an unregulated private parking company is trying to take it away from you. Ask why this is allowed, and how she/he is going to stop it.
Ask them to bring it up in parliament, and also ask them to forward it to Michael Gove MP and Neil O'Brien MP at the department for levelling up, as they are the ones responsible for introducing the new mandatory parking code of conduct next year.

Tell them all you want the rights of a resident to be enforced, and parking companies who breach a resident's primacy of contract to be punished.
PPCs should be forced to check if a resident already has a right to park, and right to quiet enjoyment before issuing a parking charge. Failing to do so should be a breach of the new CoP.

ukcpm_canSMD

Fruitcake said:

There is no template for complaints to your MP.

Just say what's happened. You have an existing right to park, but an unregulated private parking company is trying to take it away from you. Ask why this is allowed, and how she/he is going to stop it.
Ask them to bring it up in parliament, and also ask them to forward it to Michael Gove MP and Neil O'Brien MP at the department for levelling up, as they are the ones responsible for introducing the new mandatory parking code of conduct next year.

Tell them all you want the rights of a resident to be enforced, and parking companies who breach a resident's primacy of contract to be punished.
PPCs should be forced to check if a resident already has a right to park, and right to quiet enjoyment before issuing a parking charge. Failing to do so should be a breach of the new CoP.

Thankyou so much for your reply. I shall make a start on this tomorrow, and keep you updated.