CPM, DRP and now Gladstones

Coupon-mad

Dookdik17095 said:

I will mention in my latest reply to Gladstones  and quote what CPM and Gladstone wrote in the letter 

I wouldn't.

They will NOT fold and if you do that you are telling them what's wrong with what Gs said and giving them time to correct it.

Don't reply at all is my advice. 

Dookdik17095

Unfortunately my health has deteriorated   and i may soon be undergoing chemo and dialysis   so I am not sure i will be able to fight this all the way to court .

Do you think it is worth trying to reach a settlement figure  and an assurance of No Further Action , because I do not trust CPM at all?

Coupon-mad

Dookdik17095 said:

Unfortunately my health has deteriorated   and i may soon be undergoing chemo and dialysis   so I am not sure i will be able to fight this all the way to court .

Do you think it is worth trying to reach a settlement figure  and an assurance of No Further Action , because I do not trust CPM at all?

I'm sorry to hear that. Wishing you good health again soon. Don't make an offer.

I would send proof of your treatment to Gladstones (if you wish to) and say you are therefore deemed 'vulnerable' and require your right to Breathing Space. Even better, their client should take stock and cancel.

Mullerice

So I’ve got the exact same situation as you do. Except I never displayed one of their “permits” because I refuse to authorise them to rent my parking space to the general public for £100 a day at my personal detriment. 

I own my property via leasehold, which includes the exclusive rights to park a car in a specified space. This is mentioned on the Land Registry Title Register - a £3 search will confirm this for you. 

The management company cannot change the lease to allow CPM to rent your space to the public for £100 a day unless the LTA 1987 has been used to conduct a ballot and have the residents agree en-mass to the change. Unlikely. 

Who on earth would pay a premium for a parking space and then give it away for free to CPM??? 

I’ve got PCNs from back in 2019/2020 still showing on my Gladstones account. After several emails with Gladstones telling them to BTFO or give me a court date to have a judge tell them to BTFO, things have been silent for the last 4 years. 

CPM have no economic rights to charge the public to park in your space. To this will NOT go to court. If it does it’s an easy win, Davey vs UKPC is an example that sets precedent. 

If you send me a private message, I’d love to get you involved with some legal action against CPM as well as your management company. I’m exploring this avenue as CPM a few weeks back installed ANPR cameras at my car park and are charging residents £10 a year per vehicle for “e-permits” - NOBODY can permit me to park in my space except for me! A friend popped by to pick me up, stopping for 11 minutes, and received a £100 PCN. Their whole operation is a joke. 

What CPM are doing is in my opinion fraud. They have no right to charge ANYONE to park in YOUR space, and their signage etc fraudulently represents to others that they do. 

I’m going to be working with some of the top forum posters here (if they’re willing to of course) to seek this legal action. I’d like to be able to get something that reforms the way residential parking is managed in this country and get rid of this ridiculous cash grab from residents in return for nothing; when some stranger parks in my space, CPM believe they can profit £100 while I have to park elsewhere and get no compensation. It’s a ridiculous joke and it’s going to stop this year. 

A simple folding bollard in the space would stop unwanted parking, yet that’s too simple for the management company - they’d rather get commissions from CPM whenever I’m inconvenienced 

Dookdik17095

Mullerice said:

So I’ve got the exact same situation as you do. Except I never displayed one of their “permits” because I refuse to authorise them to rent my parking space to the general public for £100 a day at my personal detriment. 

I own my property via leasehold, which includes the exclusive rights to park a car in a specified space. This is mentioned on the Land Registry Title Register - a £3 search will confirm this for you. 

The management company cannot change the lease to allow CPM to rent your space to the public for £100 a day unless the LTA 1987 has been used to conduct a ballot and have the residents agree en-mass to the change. Unlikely. 

Who on earth would pay a premium for a parking space and then give it away for free to CPM??? 

I’ve got PCNs from back in 2019/2020 still showing on my Gladstones account. After several emails with Gladstones telling them to BTFO or give me a court date to have a judge tell them to BTFO, things have been silent for the last 4 years. 

CPM have no economic rights to charge the public to park in your space. To this will NOT go to court. If it does it’s an easy win, Davey vs UKPC is an example that sets precedent. 

If you send me a private message, I’d love to get you involved with some legal action against CPM as well as your management company. I’m exploring this avenue as CPM a few weeks back installed ANPR cameras at my car park and are charging residents £10 a year per vehicle for “e-permits” - NOBODY can permit me to park in my space except for me! A friend popped by to pick me up, stopping for 11 minutes, and received a £100 PCN. Their whole operation is a joke. 

What CPM are doing is in my opinion fraud. They have no right to charge ANYONE to park in YOUR space, and their signage etc fraudulently represents to others that they do. 

I’m going to be working with some of the top forum posters here (if they’re willing to of course) to seek this legal action. I’d like to be able to get something that reforms the way residential parking is managed in this country and get rid of this ridiculous cash grab from residents in return for nothing; when some stranger parks in my space, CPM believe they can profit £100 while I have to park elsewhere and get no compensation. It’s a ridiculous joke and it’s going to stop this year. 

A simple folding bollard in the space would stop unwanted parking, yet that’s too simple for the management company - they’d rather get commissions from CPM whenever I’m inconvenienced 

Mullerice ,, my situation is not quite the same as yours, as  the car park is totally closed to the public  and no charges are levied on users  only  people living in the block wether leasehold or renting  can park there.. I dont even live there anymore  ,I was there 30 years but its  became so badly managed I moved  .

Mullerice

Dookdik17095 said:

Mullerice ,, my situation is not quite the same as yours, as  the car park is totally closed to the public  and no charges are levied on users  only  people living in the block wether leasehold or renting  can park there.. I dont even live there anymore  ,I was there 30 years but its  became so badly managed I moved  .

If you let me into the car park with your fob / key / code etc, could I then park freely in any other residents space if empty? 

If the parking management warden
then snapped photos and issued PCNs, would I be able to simply pay the £100 fee to them in return for the parking? Or am I exempt because I don’t live at the block? Are PCNs only issued to residents without arbitrary permits that are given out by CPM’s decision?

When I say they can rent your space for a charge, I’m talking about the Parking Charge Notice they expect people to pay. 

In your original post you said you received PCNs - here CPM are trying to rent your space to YOU for £100 a go. They just don’t use a ticket machine, they use the postal service and threats of court action. 

If someone can tailgate through the barriers / gate and then park, it’s the same as our residential parking really - just because we don’t have a gate doesn’t change that. The only people allowed to park in my bay are those I’ve authorised - yet if a stranger parks there, I can’t do a single thing but CPM can charge them £100 

that’s the issue here for me - that CPM can profit from my inconvenience via an asset I’ve paid to lease 

Dookdik17095

The management set up the CPM scheme  because people were letting strangers park in the car park ,  so yes its same situation ..the property had security gates  on  a special ASSA security key ..

Dookdik17095

Been searching the FTLA Forum    found something interesting   about tenancy and leases , if the new parking  regime  like CPM  is recent  then its not relevant as its not in the tenancy lease agreement  , despite signage , permits etc ..

Apparently Gladstones are well aware of this fact of law according to lawyers on FTLA  but ignore this .

Gladstones , and most other parking companies  such parking eye , etc have lost all cases in county court  or withdrawn over this   issue  according to lawyer on FTLA.

only CPM seem to try and press this according to experts on FTLA

i lived at that flat for 28 years before the management imposed CPM parking on us   , but Tenancy and lease was not amended .

i will be including the relevant law and printouts from FTLA in my  evidence ..to Gladstones

I have sent Gladstones confirmation  of my vulnerability and health status , Im actually writing this from  hospital  right now .

Dookdik17095

Im dealing with Gladstones , and they are tricky , only  one Letter before claim  but they are hiding the alleged  number of violations  that CPM are  claiming  is it 3 or 4 ???  I have pointed out to them twice that their client CPM issued 4 tickets    for my private parking space   but Gladstones only seem to be interested in 3  so I am naturally suspicious .... especially as Gladstone own letters to me contradict themselves on the ticket numbers quoted ,, is it incompetence or  deliberate  misinformation  by them ???? Im out of hospital now

Johnersh

It's certainly true that the UK cpm standard terms in many cases effectively sell a license to park for £100 to those without permits for a period of 24 hrs that UKCPM simply cannot have title to sell. 

Arguably the management can manage common parts and visitor spaces but they have no authority to restrict reasonable enjoyment of your land (which might include parking any car).

Since non residents can't acquire a permit, in most cases the so called contract is probably also impossible to perform - as has been argued by others. Clearly the language is critical.