CPM parking fine for parking in the bay that I legally own as I didnt have my pass displayed

LAN123

Has anyone come across this scenario? I received a fine for parking in my own bay at 21.16pm. I had a valid permit but at the time it wasnt in the car windscreen. I have appealed via  the internal process and have included my permit and my appeal has been rejected as I hadnt displayed the permit at the time of parking. This seems unfair as I have paid for the privalege of a parking space and am being fined just because I didnt display the permit in my window. I have the option of appealing to IAS but will lose the half price fine option if i do. Has anyone come across this before and been succesful in going to an idependent appeal.

Half_way

If it's your space, then why is it being rented out to a third party for upto £100 a day?

Fruitcake

It is not a fine.

Why do you have to display a permit if you own the space?

jon_1827

What do you mean by it being your own bay?

Is the parking space included as part of the lease of an apartment you own? Or do you rent an apartment and use of a parking space comes with it? Or something else?

LAN123

Just to clarify I bought a flat 15 years ago and at the same time bought a parking space in the car park attached to the block of flats. The flat and parking space are leasehold so whilst I say own, i am a leasholder with a 99 year lease. Around 5 years ago the managing agent appointed CPM to manage the car park. I have tried to imvolve the managing agent with my issue but they are saying they have no power to do anything.

jon_1827

I'm going through the same at the moment.

Check the lease to see what it says with regards to usage of the parking space. Comes down to what it says in there and how the parking rules were implemented. 

Umkomaas

I have tried to imvolve the managing agent with my issue but they are saying they have no power inclination to do anything.

I've edited that for you.

LAN123

Ok thanks ill  check the lease. At the time of purchase there wouldnt have been a car park manager in situ. They came a few years later 

prowla

Send them an invoice for doing unauthorised business on your property.

jon_1827

LAN123 said:

Ok thanks ill  check the lease. At the time of purchase there wouldnt have been a car park manager in situ. They came a few years later 

It's unlikely but there could be references to permits needing to be displayed, or a mechanism they followed that allows them to implement parking management - normally this means a variation to the lease (you should have been made aware at the time of purchase of this) but could be done in other ways. Digging out the contract pack for the purchase could help as well if you still have it.

Coupon-mad

@LAN123 - Why haven't you opted your space out of Enforcement?

Did no-one tell any of you residents (you are the targets, not trespassers!) that was an option?

Did the MA carry out the legally required survey first (before the 'scam' - MPs' word in 2018 debates - operation was introduced) to vary your leases?  Did you know they can't interfere with your leases like this unless at least 75% agreed and not more than 10% of leaseholders objected?

http://parking-prankster.blogspot.com/2016/11/residential-parking.html?m=1

All the leaseholders should have refused to display permits and not agree to the onerous and real risk £100 penalties, per day, every time the wind blows the permit off, or the ex-clamper thug firm rocks the car or blows air through the vent (yep, that's what these sort of rogue firms did as clampers).

Or, if they decide to change the colour of the permit on a whim and issue new ones with zero notice, typically over Xmas (yep that happens too) or if you change your car or use a courtesy car one day...or if someone visits you and can't get your permit within two minutes flat to display...the scam list of opportunity for PPCs is endless.

Of course you don't pay this and neither are you advised to allow UKCPM to infest your space ever again with their well-known 'anti-resident' moneymaking operation.

Kick them out entirely from your estate, if you can, by getting all the leaseholders alerted to the fact this should never have been foisted on you.  The leaseholders can remove this and do not have to accept any permit scheme.  Not even if the leases say the MA can introduce 'reasonable regulations' for the good management if the estate. This is not 'reasonable' and is a derogation from grant (i.e. not lawful against leaseholders).

I've no idea why residents accept such schemes and don't Google it first, and realise they'd be like turkeys voting for Xmas, by accepting scam private permit schemes.  These sorts of firms are absolutely not after trespassers and do you no service at all.  Now you are all entrapped and never knew it.

The leaseholders must tell the MA to dump the whole scheme and not renew the contract, nor replace it with another firm.  There are no good ones but UKCPM are especially appalling, IMHO; look at the evidence:

https://www.bbc.co.uk/news/uk-wales-47772305.amp

You will all be sued.

That is NOT a reason to pay up, by the way.  We stop people panicking and we actively assist and help them win and we do this every day.  Mostly winning small claims farce cases, day in, day out.

Appeal will lose, but go through the motions anyway, whilst also urgently and mainly complaining robustly and with daily phone calls to the MA, to insist they call their dogs off and cancel the PCN.

Make yourself a thorn in their side.

I assume this is an IPC firm?  Second stage 'appeal' IAS is connected to the IPC and is being replaced in the future because it is considered by MPs and the public, to be a kangaroo court.  Only FOUR PER CENT of appeals 'considered' (I use that word loosely) by the IAS were accepted in 2020.  Five per cent the two years either side, so this is what they call 'normal' in IPC land.

Do not pay.  You will receive a small claim from a roboclaim 'law firm'. No big deal and no CCJ risk - as long as you defend - but it's intimidation and huge hassle you don't need.

When you are sued - because that's what ex-clampers UKCPM do - you would (all of you) likely win.  We have a 99% success rate here and residents have primacy of contract: a very strong defence.  But who wants this rubbish hanging over your heads in your own homes?

Put a stop to it this week.

GET VERY, VERY ANGRY WITH YOUR MA ABOUT THEM INTERFERING WITH YOUR LEASE RIGHTS AND BREACHING THE LANDLORD & TENANT ACT.

Read this and the Judge's findings (not a precedent, just a typical county court finding against UKCPM this year):

https://forums.moneysavingexpert.com/discussion/comment/79154169#Comment_79154169