Letter from Gladstone Solicitors RE: Parking Fines from UKCPM - Resident Car Park [Educational Only]

ms966

Coupon-mad said:

Ignore the stuff at the start of that reply, which is picking you up on semantics but it is true (the word 'landlord' was used wrongly in your earlier reply).

It is the managing agents (not your landlord) who contracted with UKCPM.  Their fault.  The MA. Whoever they are.

Just read his bottom section and provide your comms and tell him to please get onto their legalised 'extortion' ex-clampers robustly, and stop treating a rogue, notoriously aggressive parking firm with such undeserved respect.  They aren't going to rush to cancel PCNs just because someone politely 'reaches out' with a smiley emoji and seems to be labouring under the illusion that ex-clamper thugs are a professional industry with a consumer ethic that cares about residents' rights.

Sorry I probably didn’t clarify; my interactions are with the landlord’s letting agent not the landlord directly (landlord lives in Dubai), the emails above are from the letting agent - I tend to use them interchangeably.

I get what you mean with your last paragraph but this letting agent will not understand this and is more harsh on residents than UKCPM. I tried to get them to cancel back in 2021, it was a similar response, same case with the building ‘estate management’. If they really wanted to cancel the tickets, they would have reached out to UKCPM by now. The letting agent last week on the phone stated, she will reach out but today requesting for more information. 

Hence why, I chose to be more aggressive with them (letting agent) and tried to apply some pressure, that onus is on them to resolve this and not on me with the clause 8.1 and data protection stuff. 

Planning to reply to the letting agent with the following, what do you think?

”””””””””

Thanks for the update.

As per our conversation last week, you agreed to contact UKCPM after our call with request to cancel both tickets but your email today suggests this has not materialised, bit disappointed. 

The email conversations with UKCPM in 2021 are no longer in my inbox as they were deleted to free up space. As stated previously, 1) tickets were issued without offering 5 minutes grace period to fetch my permit from my apartment, 2) comms/reasoning for this ticket is illegal hence why I reached out to you (the landlord) with all relevant information inc. PCN numbers giving you (the landlord) the opportunity to resolve this to ensure my “enjoyment” is not further interrupted. 

I appreciate any support you can offer to have these tickets cancelled as soon as possible. 

Kind regards 

(NOT SURE WHETHER TO INCLUDE THE BELOW):

In regards to joint liability;

1. Confirm if, a) my Landlord has “Exclusive right to park in allocated parking space” or b) “exclusive possession as ‘demised’ “, please share Head lease to evidence either of these point 
2. If 1a) is true, the principle landlord (freeholder) would have acted as an agent on the instruction of my landlord to manage the allocated parking space and paid for this service via ground rent and service charges 
3. If 1b) is true, why is UKCPM issuing me tickets, did landlord instruct any agents to act on its behalf? 
4. If neither of the points mentioned in (1) apply, what rights does my landlord have over parking bay X? Under what legal basis was this parking bay offered to me? 

From your comms, it appears to me that my landlord is attempting to distance itself or claiming to have no knowledge of the parking bay it offered to me as part of my tenancy. In this case, the tenancy (AST) has been mis-sold to me (the tenant). It’s a breach of contract by misrepresentation as per Misrepresentation Act 1967.

If the above is true (mis-sold), I request the following;

1. Landlord to pay all PCNs issued under my name for use of this parking bay
2. Compensation for causing distress and anxiety £5,000
3. Reduction in rent by £100 p/m (from tenancy commencement to present date)
4. Alternatively, cover relocation costs to terminate AST; £8,000

Note, the above is not an exhaustive list/amount and is subject to change/s if it proceeds to court. 

For future reference, please send all correspondence in writing via email/post if it’s regarding this specific matter. 

“”””””””””””

Half_way

Please do not call these fines, while it may sound pedantic, the stage you are currently at its important to get the details right - these are parking charge notices , or even better speculative invoices known as parking charge notices.

 And any mention of the parking company need to be prefaced with the words un regulated

So UKCPM becomes the Un regulated parking company UKCPM and even better UKCPM, an un regulated parking company which has a vested interest in issuing as many parking charges as possible

ms966

Half_way said:

Please do not call these fines, while it may sound pedantic, the stage you are currently at its important to get the details right - these are parking charge notices , or even better speculative invoices known as parking charge notices.

 And any mention of the parking company need to be prefaced with the words un regulated

So UKCPM becomes the Un regulated parking company UKCPM and even better UKCPM, an un regulated parking company which has a vested interest in issuing as many parking charges as possible

I edited my initial post to place a disclaimer, let me know if that works.

Coupon-mad

I think I'd send just the polite follow up you prepared and see if the letting agent has any joy.

Do you not know who the site Managing Agents are?  It is them (not landlord) who got UKCPM in.

ms966

Coupon-mad said:

I think I'd send just the polite follow up you prepared and see if the letting agent has any joy.

Do you not know who the site Managing Agents are?  It is them (not landlord) who got UKCPM in.

I do, haven’t engaged them since 2021, will reach out again separately if no success with the letting agent.

And sure, will send the polite one in this instance 😅. 

ms966

Letting agent just confirmed that they have reached out to UKCPM with request to waiver both tickets…will keep you guys posted. 

Fruitcake

Please don't use horrible corporate speak like, "reached out." You should be telling the letting agent to instruct UKCPM to cancel the charge and put your vehicle and demised parking space on an exemption whitelist.

Since you are a tenant, your tenancy agreement cannot be varied without a ballot in favour being carried out in accordance with Part IV Section 37 of the Landlord and Tenant Act 1987.
Since no such ballot of all landlords and tenants at the site ever took place, there can be no variation to your right to peaceful enjoyment and no requirement to pay charges to an unregulated private parking company that was never a party to your tenancy agreement

ms966

Hi all,

The letting agent got back to me stating that UKCPM (unregulated parking company), would not respond to them for ‘data protection’ reasons without my consent.

Any advice on how I should proceed from here? 

Coupon-mad

Give your consent.

ms966

Coupon-mad said:

Give your consent.

Thanks, did that today!

Based on the L & T Act’ Fruitcake mentioned above, do you guys think I have a genuine case to sue landlord separately for tenancy breach? Or even for mis-sold tenancy, as they now seem to distance themselves from this parking issue, placing the blame on land owner but parking was not offered by land owner (freehold).