PCN in rented property allocated bay

Noodleoo

Hi all,

I have recently received a PCN through the post by "UK CPM" for parking in my allocated bay in my rented flat, we are supposed to use paper permits in our windscreens but on this occasion I forgot to put it up, the PCN is £100 or £60 if paid within 14 days and I have 28 days to appeal, the letter issue date is 21st of June and the actual date of the the charge was on the 20th of June.

The first thing I have tried is contacting the property management company, I stated that I am a resident and that I forgot to display my permit, I politely asked if they could contact UK CPM and get this notice cancelled.

This is their response:

I can see your concerns and would need to advise you to get in touch with the parking control company themselves with the evidence you have provided to me.

We do not enforce parking ourselves and so we cannot handle this case as we do not have details on the system regarding it.

I responded with: (I realise that the data protection comment may be a stretch)

I think you and I are both aware that "CPM" will reject my appeal, and as they are an agent acting under <Management Company> you absolutely DO have the power to request this PCN to be cancelled.

As a tenant of this property, I have the right to park in my own bay as stated in my tenancy agreement, I also have the right to data protection which your agent "CPM" has breached by contacting DVLA for my details under false pretences. I have a right to quiet enjoyment and am being harassed and sent invoices by your agent "CPM".

I look forward to your swift response and expect this false invoice to be cancelled immediately.

They finally responded with:

I understand that you may be frustrated in the situation but you need to go through the process of making an appeal with CPM. Following this if rejected then we can potentially look at the details of this.

This is where I am currently at, I have not yet appealed to CPM. I think my best chance of getting the PCN cancelled is through the management company so I need a little advice as to whether I should continue to go back and forth with the management company and if there is some better wording I can use to make them more likely to cancel the PCN or if I should appeal with CPM first, again if so I'm not sure what my case is.

My tenancy agreement does not mention anything about parking permits or CPM, the only mention of parking in the agreement is "1 x Allocated parking space marked 'Number'.". There is a couple of signs in the car park however. 

In my eyes I am not liable for this invoice as I am entitled to park in the space as per my tenancy agreement, therefore they have suffered no loss.

If there's anymore info I need to provide I am happy to do so, I have included everything I can think of right now, thanks in advance for your help

Coupon-mad

Suffering no loss is NOT an argument.  Just send any old robust appeal with a copy of your permit (saying it may have fallen on the floor of the car but was displayed as a courtesy and it is not an obligation or noted charge in your tenancy agreement) then go back to the MA when the eejits inevitably reject the farce of an 'appeal'.

DO NOT ADMIT TO NOT DISPLAYING.

Next you will get a series of £170 threatograms.  Nasty, innit?

One favour please: don't go just yet:

We need you - as a genuine PPC victim of aggression, sharp practice and which WILL soon escalate into an 'extortion' attempt to add a fake £70 fee on top of the already stupidly high parking charge - to respond robustly to the Public Consultation on the level of parking charges and banning of the false added DRA 'fee' that too many honest motorists currently fall victim to.

It will need consumer input (powerful voices) but change is afoot. It's taken about 5 years to get to this stage:
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

And then the industry threw victims' money at it and blocked and delayed it - explained here:
https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

Please now Bookmark BOTH threads and set up email alerts on your posting profile, so that you get an email alert when we post there, as we will, once the Public Consultation opens.

...anticipated very soon...end of July we think.

We need people like you and your driving family & friends to respond in high numbers.

Separate submissions from each driver.

I am sure you want your voice heard to stop this happening again.  Come back in August/September so as not to miss your chance.

Noodleoo

Coupon-mad said:

Suffering no loss is NOT an argument.  Just send any old robust appeal with a copy of your permit (saying it may have fallen on the floor of the car but was displayed as a courtesy and it is not an obligation or noted charge in your tenancy agreement) then go back to the MA when the eejits inevitably reject the farce of an 'appeal'.

DO NOT ADMIT TO NOT DISPLAYING.

Next you will get a series of £170 threatograms.  Nasty, innit?

Thanks Coupon, I will follow your advice, hopefully once the appeal is rejected the MA will step in.

Noodleoo

Coupon-mad said:

Suffering no loss is NOT an argument.  Just send any old robust appeal with a copy of your permit (saying it may have fallen on the floor of the car but was displayed as a courtesy and it is not an obligation or noted charge in your tenancy agreement) then go back to the MA when the eejits inevitably reject the farce of an 'appeal'.

DO NOT ADMIT TO NOT DISPLAYING.

Next you will get a series of £170 threatograms.  Nasty, innit?

Sorry, am I appealing as keeper using the "one size fits all" template, adding the part about the permit?

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

A valid permit was displayed in the vehicle but may have fallen on the floor, I have attached a photograph of the permit.

I do not need to display a permit to park in my allocated parking space as it is not an obligation or noted charge in my tenancy agreement and I only do so as a courtesy.

Should I remove the part about PDT machines? Also they did include photos of signage and such in their "evidence"

Coupon-mad

Like I said "send any old robust appeal"... it's a farce and whatever you say will be auto-rejected.

Obviously you remove the bit about P&D machines if there were none.

Noodleoo

Coupon-mad said:

Like I said "send any old robust appeal"... it's a farce and whatever you say will be auto-rejected.

Obviously you remove the bit about P&D machines if there were none.

Received an email today from CPM to say the PCN was cancelled! I'm not sure if the management company contacted them or not but thank you for your help

Coupon-mad

Great news!

Don't disappear though, DLUHC has said to questions in Parliament that they expect to re-publish the statutory Code of Practice this month.  See my post above..

You will want your voice heard.