Parking ticket for own private bay - CPM parking

grcmly94

Hello, I have seen a few threads on this topic but they’re a little old or not completely the same as my issue!

We purchased a parking space with our flat last year and the space is managed by CPM parking. We didn’t think this was an issue until recently when we got back from a trip and forgot to display our permit. Since then, we’ve had two parking fines for the space.

I appealed these direct with CPM and they rejected the appeals. I then appealed through the IAS and again, rejected. I am now receiving letters from debt collectors ordering me to pay £170 each for the tickets! 

I have raised the issue with my building management company, providing them with my lease and car parking lease plan which proves we own the space, as well as an email I have from them back in November 2022 when we moved in which stated that CPM had been made aware of our car using the space.

It just seems ridiculous that they are hassling us for £340 when the land is legally ours. I understand the permit wasn’t on show but we have apologised for this, sent evidence for ownership of the space and yet they are still persisting.

Does anyone know if they are likely to take us to court for these fines? Surely they wouldn’t win. If so, does anyone have any advice to deal with this? I am also planning on telling our management company to remove CPM from managing our space.

Thank you

Fruitcake

They are not fines.

Please confirm the full name of the PPC as there is more than one with the initials CPM.

You should instruct the building management company to instruct CPM to cancel the charges, or leave themselves liable to litigation as principal.

Did you know the site was infested by an unregulated PPC before you bought the property? It would have been a serious error of judgment on your part if that was the case. 

If you own the parking space, why are you required to display a permit at all? Is there some restrictive covenant that requires this?
If there is no requirement, then send a cease and desist order to the PPC and the management company, including a statement that you have removed any implied right of access to your own space. 

You should complain to your MP and to the DVLA, and the DVLA KADOE team, including proof of land ownership. If the Land Registry entry shows ownership, then include that as well.
Your complaints should cover trespass and data breaches of the DPA and GDPR.

Your DVLA complaints should be sent here.

ccrt@dvla.gov.uk 

and

KADOEservice.support@dvla.gov.uk

grcmly94

The full name of the PPC is UK Car Park Management Ltd.

I am yet to hear back from the building management company regarding this but they have instructed CPM to remove the fines, whether they'll have any success, we shall see.

We didn't know and to be honest with you this is our first home and we've never had to purchase private permits before. I am prepared to go back to the management company if they are unsuccessful and insist we never signed up to use CPM, as looking at my lease etc it does not state anything about them, only that we have full rights to park in the space we have purchased.

The signage instructs us to have a permit on display at all times however there is mention of an "e-permit" and (perhaps naively) we didn't expect this to be so forcefully regulated especially as CPM have been made aware of our car when we purchased the space.

I'll be writing to my MP and the DVLA, thank you for the advice.

Fruitcake

They are not fines. Please do not refer to them as such.

What does your lease say about parking, permits, PCNs, paying PCNs and court. What it doesn't say is just as important.

However, if you truly own the parking space as opposed to leasing it, your residential lease is not relevant to where you park your car.

Does our space appear on the Land Registry website? I know that individual spaces are registered as my Outlaws own one that appears on the Registry entry.

grcmly94

Lol sorry, I know they're not fines.

The apartment and space are both leasehold but it doesn't say anything about parking restrictions in my lease agreement.

It does also not appear on the land registry and we purchased it separately to the flat.

grcmly94

What would you recommend I include in a complaint to the DVLA and/or my MP? Apologies if this is written somewhere on this forum, I am new to this and can't seem to find an exact template!

Half_way

These are not fines.

 What does the paperwork associated with the purchase of the parking space(s) say?

 have you purchased this outright?

Fruitcake

grcmly94 said:

What would you recommend I include in a complaint to the DVLA and/or my MP? Apologies if this is written somewhere on this forum, I am new to this and can't seem to find an exact template!

There are no templates for complaints, nor should there be because every situation is different.

You must make a two pronged complaint to your MP and the DVLA, and the DVLA KADOE team.

You must state that you own, or lease the space whichever is correct, and include proof, then complain that the PPC had no right to obtain and purchase your personal data from the DVLA because you own (or lease) the space and have an exclusive right to use it. This is both a data breach and a derogation of grant by the PPC.

Then complain that the DVLA had no right to sell your personal data to an unregulated private parking company that was never a party to your land ownership/lease. Furthermore, the DVLA breached their own KADOE agreement by selling your data without your permission, and without checking who owned the land.

Coupon-mad

grcmly94 said:

The full name of the PPC is UK Car Park Management Ltd.

I am yet to hear back from the building management company regarding this but they have instructed CPM to remove the fines, whether they'll have any success, we shall see.

We didn't know and to be honest with you this is our first home and we've never had to purchase private permits before. I am prepared to go back to the management company if they are unsuccessful and insist we never signed up to use CPM, as looking at my lease etc it does not state anything about them, only that we have full rights to park in the space we have purchased.

The signage instructs us to have a permit on display at all times however there is mention of an "e-permit" and (perhaps naively) we didn't expect this to be so forcefully regulated especially as CPM have been made aware of our car when we purchased the space.

I'll be writing to my MP and the DVLA, thank you for the advice.

We purchased a parking space with our flat last year and the space is managed by CPM parking. We didn’t think this was an issue

It is.

Kick them out immediately from your bay.

I'd never have agreed to this and personally, would not even look at a property with a PPC infesting it (so people like me reduce your chances of selling later).  It's a massive issue and a blight on your property.

You have 'exclusive rights' to the bay, by the sound of it.  INSTRUCT the MA what to do.  Insist the PCNs are cancelled in full and suggest they kick out UKCPM and do not replace them.  No parking firm is needed here.

Refuse to display a permit any more.  It's your bay.  You don't need some scum, unsolicited ex-clampers, hawking out your owned bay to all-comers at £100 a pop.  Think about it.  That's what they are doing.

DO NOT BE SCARED INTO PAYING.

EASILY WON IN COURT.  Don't be put off by the thought of that. Winning secures your position as owners. We do defences every single day here. Read a few UKCPM and other residential claim cases.

Half_way

never had to purchase private permits before

Have you paid for permits?

grcmly94

To confirm no we haven't paid for permits. Also it's quite easy to say you wouldn't purchase a property with PPCs but when you're a young first time buyer desperate to get on the property ladder, there are other things you tend to look at before parking is even a thought  Appreciate all the advice here and will keep pushing this with the relevant bodies!