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

ukcpm_canSMD

in addition to the point that have been made on this case and others, I have just discovered another useful fact.

In August 2020, the government put forth proposals to implement a new code/ frame work and the following relevant statement is on gov.uk website:

Fresh measures proposed in the new Code and Framework include the creation of a mandatory single Appeals Service and Appeals Charter for motorists to turn to if they are unfairly fined. Under options set out in the Appeals Charter, motorists could be able to appeal their fine and see it reduced to a maximum of £20, or cancelled entirely if:

• they have a mitigating reason for overstaying their parking ticket such as their vehicle breaking down
• they have made a genuine innocent error, like keying in a digit in their number plate incorrectly

they have a valid ticket, permit or Blue Badge but failed to display it correctly

I cant find any source showing that these proposals have gone through, but surely their mere existance would still help as a defence in court?

Fruitcake

You are talking about Sir Greg Knight's private parking bill that was passed by all parties and given Royal Ascent. It is law, but the supporting legislation including the mandatory parking code of conduct has yet to be produced. That means the old rules still apply. Since the parking industry is unregulated, it means that sadly non of what you put in your last post is relevant.

ukcpm_canSMD

Fruitcake said:

You are talking about Sir Greg Knight's private parking bill that was passed by all parties and given Royal Ascent. It is law, but the supporting legislation including the mandatory parking code of conduct has yet to be produced. That means the old rules still apply. Since the parking industry is unregulated, it means that sadly non of what you put in your last post is relevant.

Yes thats the one!

I thought perhaps that this Code of Conduct were supposed to apply to specifically private car parks?

Would I not be able to use this in any relevance at all in court? surely the existance of the rules/ statements listed above shows that the UK government frowns upon this behaviour? I thought perhaps that simply pointing our their public stance on this behaviour may help my case?

Fruitcake

The code of conduct and single appeals system does not yet exist.
Yes you can mention the government's intent, but it's the law in place at the time of the alleged incident that applies.

Umkomaas

Would I not be able to use this in any relevance at all in court? surely the existance of the rules/ statements listed above shows that the UK government frowns upon this behaviour? I thought perhaps that simply pointing our their public stance on this behaviour may help my case?

It won't not help, but you need to take care not to send a Judge off on a wild goose chase. Are you confident you can talk to the nascent legislation and its outworkings to lead a Judge through it all?

Half_way

Key words in any communication:

 unreasonable its unreasonable to impose a private parking company and allow them to ticket on land they have no right to, effectively sub letting your space out for £100 a day .

 If thats what the managemetn company has cleared to be the going rate and in turn used UKCPM to collect this, you could return the favour and ask the managemetn company, as landowner to pay you this money back - calculated at £100 ( or whatever the parking charge notices are) multiplied by the number of days you have been there for

Courtesy as you have a pre existing right to park, which can not be taken away by the parking company you have only been displaying a permit as a courtesy and not as an obligation 

Un-regulated the private parking industry is unregulated - that is it makes up its own rules to suit its own purposes ( to issue parking charge notices)

Principal is jointly and severally liable for the actions of its agents this means that if for example you were to hire a parking company, or any other third party then you can be held liable for their actions .

P.S - just noticed your username meaning and it made me chuckle

ukcpm_canSMD

An update on this:

- The property management company have got back to me and refused to provide me with any contract or details on the specific wording of their agreement with UKCPM and are quoting commercial confidentiality.

- The property management company acknowledged my SAR, but hilariously suggested that I issue the letting agent with a SAR also ( the letting agent has been supportive of me in this matter and I believe are currently also applying pressure on the property management company)

- I have emailed the office of my local MP, but do the time of year I am unlikely to hear back from them until the new year.

- UKCPM played dumb upon my request for a SAR and stated they could only issue these to a recipient of a parking charge notice- to which I have corrected them, and they have now formally acknowledged.

@Half_way , thankyou for your kind advice, I will be using these tips to help me prepare for any court case. Glad you noticed the user name; It obviously is an abbreviation for Show Me Decency right! 

D_P_Dance

Th9s may help

https://www.moneysavingexpert.com/reclaim/how-to-complain/

ukcpm_canSMD

Hello all, thanks for your tips and advice thus far.

A quick update;
I have decided to go through the ol' kangaroo court purely to get a preview of what UKCPM will attempt to use in court- I highly doubt the IAS will side with me, seeing as gladstones wont get to offer their 15% discounted services to UKCPM then!

Here is their response:

The operator made their Prima Facie Case on 31/12/2021 09:48:18.

The Operator Reported That...

The appellant was the driver.
The appellant was the keeper.
The Notice to Keeper (Non-ANPR) was sent on 11/11/2021.
The ticket was issued on 09/11/2021.
The charge is based in Contract.

The Operator Made The Following Comments...

The appellant has parked without clearly displaying a valid UK CPM parking permit. The appellant has parked within clear view of our sign and there is clear signage throughout the car park. This can be seen in the 'PCN Information'.

Signage clearly states “A VALID UK CPM PERMIT MUST BE CLEARLY DISPLAYED IN THE FRONT WINDSCREEN AT ALL TIMES".

It is the driver's responsibility to ensure a valid CPM parking permit is clearly and securely displayed in clear sight within the windscreen of the vehicle, prior to parking within a restricted area.

The appellant is correct that the purpose of the parking scheme is to deter unauthorised vehicles parking within the restricted area; however, for a permit management scheme to run effectively, it is imperative that residents display their permits at all times as this is the only way our operatives are able to ascertain which vehicles are authorised to be parked within the restricted area. As a resident, the appellant is fully aware of the requirement to ensure their permit is displayed at all times, and that failure to do so is in clear breach of the advertised terms and conditions.

The appellant knew about the requirement to clearly display their permit and failed to do so. It was their responsibility to make sure it could be seen by the parking attendant. The appellant states that the permit had fallen. However unfortunate this may be, the fact that this was unintended is not a defence to a claim in contract law. It is the driver's responsibility to ensure a valid CPM parking permit is clearly and securely displayed in clear sight within the windscreen of the vehicle prior to parking within a restricted area.

At the time of the contravention the appellant was parked on private land. UK CPM does not own the land upon which the vehicle was parked; however, we do hold a legal contract that authorises our enforcement officers to monitor and maintain the parking areas on behalf of the landowner. This therefore entitles UK CPM to issue and uphold all parking charge notices given to those who have breached the parking restrictions.

By the appellant parking at the restricted area, they have contractually agreed to pay the parking charge notice.

D_P_Dance

By the appellant parking at the restricted area, they have contractually agreed to pay the parking charge notice.

Most unlikely. especially if the lease/AST takes primacy. 

Do not pester the Manco, many do not like dealing with tenants, contact your lanlord instead.