Claim received for unpaid Parking Charge Notice

Coupon-mad

Le_Kirk said:

Send your SAR to dpo@uk-cpm.com

Which is what the NEWBIES thread already tells people.   Not sure how so many posters miss it.

Le_Kirk

Coupon-mad said:

Le_Kirk said:

Send your SAR to dpo@uk-cpm.com

Which is exactly what the NEWBIES thread already tells people.  How do so many posters miss it?

Perhaps we need a flow chart...................................  I'll get me coat!

Boat_to_Bolivia

Le_Kirk said:

Coupon-mad said:

Le_Kirk said:

Send your SAR to dpo@uk-cpm.com

Which is exactly what the NEWBIES thread already tells people.  How do so many posters miss it?

Perhaps we need a flow chart...................................  I'll get me coat!

 .................. 

Afrochap

Coupon-mad said:

Well...it's certainly not a fine, is it?  I thought everyone knew that the private parking industry is rogue and they don't issue fines or penalties!

It's just an invoice and no-one here would have agreed to that self-serving 'permit' regime being imposed.  Should have opted your bay out if you have an allocated bay.  UKCPM are an infestation; a blight on your property and residents' peace of mind.

People here would describe it as a scam invoice.  However, sadly you can't ignore 'thug' ex-clampers because these rogue firms abuse the court system to "frighten & intimidate" victims into paying when you don't have to.  We beat UKCPM in Court all the time.

This is no different than all the other residential 'own space' threads.  We have hundreds here - search the forum!

In particular there's a recent thread (below) all about a poster fighting UKCPM and looking to kick them out.  Read it ALL and it will open your eyes to realise what you and the other leaseholders should have done years ago:

https://forums.moneysavingexpert.com/discussion/6408213/uk-cpm-new-infestation-on-private-estate/p1

I've just gone through my leasehold again and it does mention parking restrictions. 

Please show us a photo of that section and any other section in your lease that talks about your 'right' to use that bay (or the parking or 'common' areas on a 'first come first served' basis if the bay is not individually allocated to you).

And anything about your 'right to peaceful enjoyment'.

And anything about what rights the managing agent has to 'make regulations'.

 @Coupon-mad, @KeithP, @Le_Kirk, Umkomaas

Many thanks to you all, your input is greatly appreciated..

I emailed the SAR to UKCPM and also emailed their solicitors, Gladstones

As requested I have attached sections of my Leasehold that address Parking, Peaceful enjoyment and other bits I think may be pertinent. I have highlighted in blue the exact paragraphs to save. I have also attached a picture of the parking sign in place. 

Many thanks for your time.  

B789

So, where in your lease does it say you must display a permit in order to park in your own bay, or any bay for that matter? Where does it way that a third party can override your lease with their own more restrictive conditions?

If Gladrags were to actually persuade their cowboy clients to go to court, you can almost guarantee that their claim would be thrown out on that point alone. However, you also have that nonsense sign that makes no offer and therefore there is nothing to accept and so nothing to agree to and so no contract.

Using the robust defence as advised you have an almost guaranteed win if they ever put it in front of a judge. Whilst the PPC and their scammy solicitors are not the sharpest tools in the box, even they must realise that your defence, when submitted, does not leave them with much choice bot to go through the usual motions of offering a reduced settlement amount which you ignore and then a discontinuation or a spanking in court.

Afrochap

B789 said:

So, where in your lease does it say you must display a permit in order to park in your own bay, or any bay for that matter? Where does it way that a third party can override your lease with their own more restrictive conditions?

If Gladrags were to actually persuade their cowboy clients to go to court, you can almost guarantee that their claim would be thrown out on that point alone. However, you also have that nonsense sign that makes no offer and therefore there is nothing to accept and so nothing to agree to and so no contract.

Using the robust defence as advised you have an almost guaranteed win if they ever put it in front of a judge. Whilst the PPC and their scammy solicitors are not the sharpest tools in the box, even they must realise that your defence, when submitted, does not leave them with much choice bot to go through the usual motions of offering a reduced settlement amount which you ignore and then a discontinuation or a spanking in court.

Many thanks fir the response. 

I would think it's implied in the wordings of the lease, ain't it?

Also, ive not heard back from either UKCPM or Gladstones after requesting the SAR and the 28 days for Court date is next week Tuesday. What actions do I need to take at this stage? Do I need to attend tge Court? 

Much thanks

B789

Afrochap said:
I would think it's implied in the wordings of the lease, ain't it?

What do you think is "implied" in that lease that compels you to display a permit and that a third party unconnected to your lease can override your rights with their more restrictive terms and then invoice you at will for whatever rules or terms they want to invent in order to leech money from you?

Your lease has primacy over any other subsequent contract or terms that a third party tries to impose. Look up the word "primacy". Nothing in that lease you have shown "implies" that you are to be a mug and let some ex-clamper cowboys ride roughshod over your rights.

Le_Kirk

Also, I've not heard back from either UKCPM or Gladstones after requesting the SAR and the 28 days for Court date is next week Tuesday. What actions do I need to take at this stage? Do I need to attend the Court? 

Not sure what you meant to convey here but I am confused.  PPCs - well anyone, has one calendar month to respond to a SAR.  If your court date is next week, you presumably have already submitted a witness statement for which you would have liked the data from your SAR.  If the PPC has passed the deadline, send them an e-mail telling them they are being reported to the ICO and then report them.  If you have a court hearing, you must attend.

Afrochap

B789 said:

Afrochap said:
I would think it's implied in the wordings of the lease, ain't it?

What do you think is "implied" in that lease that compels you to display a permit and that a third party unconnected to your lease can override your rights with their more restrictive terms and then invoice you at will for whatever rules or terms they want to invent in order to leech money from you?

Your lease has primacy over any other subsequent contract or terms that a third party tries to impose. Look up the word "primacy". Nothing in that lease you have shown "implies" that you are to be a mug and let some ex-clamper cowboys ride roughshod over your rights.

Ah I get you now. Thanks for the response much appreciated. 

Afrochap

Le_Kirk said:

Also, I've not heard back from either UKCPM or Gladstones after requesting the SAR and the 28 days for Court date is next week Tuesday. What actions do I need to take at this stage? Do I need to attend the Court? 

Not sure what you meant to convey here but I am confused.  PPCs - well anyone, has one calendar month to respond to a SAR.  If your court date is next week, you presumably have already submitted a witness statement for which you would have liked the data from your SAR.  If the PPC has passed the deadline, send them an e-mail telling them they are being reported to the ICO and then report them.  If you have a court hearing, you must attend.

Many thanks for the response. 

I've yet to submit any witness statement to the courts. To date, I've done the following 

1. I've acknowledged receipt of court document on MCOL

2. I've contacted UKCPM requesting a SAR

3. I've emailed their solicitors (Gladstones) to let them know I've requested a SAR and also that I'm not accepting their allegations that I owe any monies.

On witness statement do I just say that I deny the allegations and that I've requested a SAR but still waiting to hear back? Anything else to say on there?

This is the first time I'm experiencing something of this nature. 

Thanks