UK CPM Parking fine on residential land

vicksemily1980

Hi All,

We hare a court appearance on Wednesday 12th June for refusing to pay a parking fine.  I will list below the reasons why we failed to pay.

Points raised: -

1. We moved into property August 2019 with two cars and no restrictions in place.  One car is so my husband can get to and from work daily, and the other car gives me the ability to get my Autistic son, who attends special school, to and from school safely.
2. March 2020 – COVID - country on lockdown.
3. March 2021 UK CPM (initial car park management company) put up signs.  No reasonable notice given to residents and only one permit issued, advising one permit per flat. Residents unable to source alternative parking or living arrangements.
4. March 2021 COVID restrictions still in place. Tickets being issued to many residents daily, unreasonable given the time frame to expect alternative arrangements to be made whether that be for alternative parking or accommodation.
5. In a letter from the association Director responding to a previous complaint about the PMC, I was advised restrictions were put in place February 2020, this is false.  Also advised that discussions had taken place since 2017, however we were not aware of any issues when we moved in, in August 2019 otherwise we would never have moved here. 
6. No help from Property Management company or Directors to resolve the matter.
7. 2024 letter sent to all leaseholders from property management company requesting a vote to keep car parking management company, awaiting outcome.
8. NCP now operate the parking area and the ongoing problems remain unresolved.
9. Property management company have signed and agreed terms on behalf of directors not landholders.

I am keen to find out whether anyone has been through something similar and if they can offer any advice.  We do not have legal representation, as we cannot afford the fees, my husband will be attending court on his own, do I need to prepare him for anything?

Thank you

Fruitcake

It is not a fine.

No, of course you wouldn't have moved there had you known the site was. or was going to ben infested by an unregulated private parking company. Nobody in their right mind would do such a thing.

Are you a leaseholder? If so, the Landlord and Tenant Act 1987, Part IV, Paragraph 37 applies regarding applications to amend a lease, and the necessary ballot to support a change.

In any case, what does your lease/AST/property rental/ownership agreement say about parking, permits, number of cars, PCNs, paying PCNs, court, and your right to quiet enjoyment? What it doesn't say is equally important.

Please show us the particulars of claim, and precisely what you put in your defence, but with all personal details redacted.

Note that introducing a parking scheme without prior consultation and agreement of all residents is unfair, especially if it breaches the L & T Act 1987 as above. Your original (and presumably unamended) residential contract has primacy over anything an unregulated third party has to say that was not a party to the original contact. Have a look at Section 69 of the Consumer Rights Act 2015 regarding differences in contract terms. The one that favours the consumer (you) is that one that shall prevail.
Even if you haven't mentioned it previously, contract fairness must be consider by the courts as per section 71 of the same CRA 2015.

Coupon-mad

do I need to prepare him for anything?

Yes and he is already late.  I'm worried - have you complied with the Hearing Order and filed & served your Witness Statement & evidence bundle?

If no: DO IT TONIGHT. Start now.

Easy stuff.  Can be done in an hour or two. See the 2nd post of NEWBIES PLEASE READ THESE FAQS FIRST at the top of the forum (see my signature for where to click).

This isn't about 'failing to pay' a 'fine' so PLEASE don't use those words at the hearing!

Did you already get the Claimant's WS bundle by email or post? Any chinks in their 'armour'?  Old photos of signs?  We do these cases every day and the Claimants lose (mostly) but only if the Defendant does it right.