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

Coupon-mad

LOL, the usual utter crap.  Ignore.

D_P_Dance

The lanlord has reqested a permit scheme 

What does the lease say about permits?  If it is silent they can whistlr dixi.  Let this go to court and clobber them 

Umkomaas

Coupon-mad said:

LOL, the usual utter crap.  Ignore.

Not even the usual note of sympathy from the adjudicator.  2022 resolution perhaps to get tough!

ukcpm_canSMD

D_P_Dance said:

The lanlord has reqested a permit scheme 

What does the lease say about permits?  If it is silent they can whistlr dixi.  Let this go to court and clobber them 

I don't believe it says anything- Its a generic copy and paste lease agreement. all I could find was:

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. 

If there is a superior lease, you agree to perform and observe at all times during the Term any conditions it contains that were notified to you at the commencement of the Term. The superior lease or head lease governs the terms that you and your Landlord must abide by otherwise action can be taken to terminate the Landlord's lease.

11.2. You agree to comply with any rules and regulations reasonably required by the Landlord or the Agent from time to time for the proper management or improvement of the Property. The Landlord or Agent will discuss any new rules and regulations with you before they are introduced and will take reasonable account of your views.

I don't think I cant see anything here that contradicts my right to park. However, due to it being a copy paste contract, I also cant see anything here that states that I HAVE a right to park also

Umkomaas

I don't think I cant see anything here that contradicts my right to park. However, due to it being a copy paste contract, I also cant see anything here that states that I HAVE a right to park also

Silence can be golden. In any case it's the Claimant's job to prove.

D_P_Dance

FWIIW imposing a PPC on a building is neither reasonable, nor in the est interest of the occupanys.  Thes companies deter renters and lower resale values.

Coupon-mad

I think what you have quoted is really useful for your case.  You have no obligations to display a permit yet your tenancy includes parking spaces, with no caveat except that final term, which did not occur:

 The Landlord or Agent will discuss any new rules and regulations with you before they are introduced and will take reasonable account of your views.

ukcpm_canSMD

An update on this case. many many months have gone by and I have not heard anything from UKCPM.
Today I received two letters from "Debt Recovery Plus".

They seem to have been taking note of the frequent updates to the parking code of practise currently being tried to be put through into law, as they have not called it a fine/penalty, they haven't mentioned anything to do with CCJ's or credit rating.

"The time has come to decide how you wish to proceed regarding an unpaid parking charge you received in ********* (location) on 09/11/2021"
"You may have not responded to previous letters due to oversight. now if you don't respond you are making an active choice. Our client reserved the right to take this as evidence of your intent not to pay"

below that it just has all the payment options, noticeably :
"fail to pay and your financial loss will increase significantly if your case goes to court and you are unsuccessful.
with this choice we have to: inform our legal team......share contact evidence.....advise legal action starts"

I may have got a bit hot headed and used the contact number to notify them I don't intend to pay and to proceed with legal action!

Grizebeck

Why would you waste your time ringing them

ukcpm_canSMD

Grizebeck said:

Why would you waste your time ringing them

No idea. I was frustrated that they haven't just dropped it I guess. I want to have the court case over and done with- They assured me the call wasn't recorded when I asked (weird). Lady on the phone randomly started spouting regurgitated cases at me of people that have lost in court vs them.