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

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  • LAN123
    LAN123 Posts: 6 Forumite
    First Post
    Hi I dont remember ever being asked about whether we wanted enforcement but i dont attend the management commitee meetings as i dont live there so it may be that it has been approved by the committee. I will try and get more detail from the managing agent although i find them virtually impossible to get hold of on the phone.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    LAN123 said:
    I will try and get more detail from the managing agent although i find them virtually impossible to get hold of on the phone.
    Why do you want to get in touch with them by phone?

    After a phone call there is no evidence of what was said by either party.

    Suggest you start writing to them, both email and letter are ok, with your questions.
  • Coupon-mad
    Coupon-mad Posts: 152,133 Forumite
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    edited 25 April 2022 at 6:35PM
    This can't just be imposed by committee without full consultation with ALL leaseholders.  Did you read the links I provided and the info?  This is serious and is interfering with your right to peaceful enjoyment of your property.

    They will NOT have complied with the L&T Act; this is obvious, if you were not told of a survey to get consensus to vary the leases to cause this detriment.  No-one has been properly consulted, believe us.  UKCPM can't override your right to park.

    You need to be all over this.  Get them kicked out (long term aim) and urgently. opt out your bay from this onerous scheme, and complain to the MA daily until they cave in and cancel it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LAN123
    LAN123 Posts: 6 Forumite
    First Post
    The Managing Agent werent able to provide any evidence to suggest that I had agreed to the parking enforcement. Because i was running out of time to appeal I appealed to the IAS enclosing my permit and stating that in any case i hadnt consented to the enforcement. They replied sayingmy appeal is dismissed and the fact I had a permit meant I had consented. They also said i hadnt provided proof of ownership with my appeal -they didnt ask me for such but there is now no route to go back to them. I am beginning to doubt they are independent. My only choices are now to pay the fine (which is of course more than the orignal fine) or ignore them and face a potential court case.  
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    LAN123 said:
    The Managing Agent werent able to provide any evidence to suggest that I had agreed to the parking enforcement. Because i was running out of time to appeal I appealed to the IAS enclosing my permit and stating that in any case i hadnt consented to the enforcement. They replied sayingmy appeal is dismissed and the fact I had a permit meant I had consented. They also said i hadnt provided proof of ownership with my appeal -they didnt ask me for such but there is now no route to go back to them. I am beginning to doubt they are independent. My only choices are now to pay the fine (which is of course more than the orignal fine) or ignore them and face a potential court case.  
    We know they aren't independent.


  • Le_Kirk
    Le_Kirk Posts: 24,615 Forumite
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    LAN123 said:
    I am beginning to doubt they are independent. My only choices are now to pay the fine (which is of course more than the original fine) or ignore them and face a potential court case.  
    Really, who would have guessed that?  Hits sarcasm button!  In other news, it is not a fine, it is a speculative invoice; no one on this forum would encourage you to pay.  If you have a good, solid, real defence (and it looks like you have), then the small claims court is not so daunting, read some of the success stories on this forum.
  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    LAN123 said:
    The Managing Agent werent able to provide any evidence to suggest that I had agreed to the parking enforcement. Because i was running out of time to appeal I appealed to the IAS enclosing my permit and stating that in any case i hadnt consented to the enforcement. They replied sayingmy appeal is dismissed and the fact I had a permit meant I had consented. They also said i hadnt provided proof of ownership with my appeal -they didnt ask me for such but there is now no route to go back to them. I am beginning to doubt they are independent. My only choices are now to pay the fine (which is of course more than the orignal fine) or ignore them and face a potential court case.  
    They will tell you any old tosh to try and get you to pay. Of course IAS are not independent, so do not be surprised by all this.

    As @Le_Kirk says above, you appear to have a really strong defence, so do not let them intimidate and bamboozle you. Plenty of help here to assist in fighting them off
    The pen is mightier than the sword ..... and I have many pens.
  • Umkomaas
    Umkomaas Posts: 43,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I am beginning to doubt they are independent.
    😂

    Understatement of the week!  Check the term 'Kangaroo Court'!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,133 Forumite
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    edited 29 May 2022 at 3:42PM
    This can't just be imposed by committee without full consultation with ALL leaseholders.  Did you read the links I provided and the info?  This is serious and is interfering with your right to peaceful enjoyment of your property.

    They will NOT have complied with the L&T Act; this is obvious, if you were not told of a survey to get consensus to vary the leases to cause this detriment.  No-one has been properly consulted, believe us.  UKCPM can't override your right to park.

    You need to be all over this.  Get them kicked out (long term aim) and urgently. opt out your bay from this onerous scheme, and complain to the MA daily until they cave in and cancel it.
    Just a reminder of my previous advice. Forget the IAS and certainly no paying!

    I'm sad you were here on the forum but still hoped that the self-serving IAS would help a consumer (they do the opposite in our experience) and were surprised by the inevitable rejection.  This was bound to be the outcome of that waste of time.

    The NEWBIES thread post #3 already advises not to try the IAS kangaroo court, unless you go into it to make a point, and with your eyes wide open, knowing you will 'lose'.

    Upholding less than 5% of appeals heard is nothing short of appalling and the IAS and POPLA are being removed/replaced by the Government for a reason.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Half_way
    Half_way Posts: 7,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The IAS is just a case of urinating in the wind - you must get onto the managemetn agents and tell them that they must instruct their agents to cancel
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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