CPM ANPR PCN - Leaseholder with exclusive use of space

Mullerice

Grizebeck said:

Personally id use David @ small claims advisor

Will do - firing up an email at the moment and will send today. Thanks! 

Grizebeck

Mullerice said:

Grizebeck said:

Personally id use David @ small claims advisor

Will do - firing up an email at the moment and will send today. Thanks! 

Certainty a case he can handle.

Mullerice

This one has gone a bit dead, apologies. Here’s an update. 

Management company accepted that they have no jurisdiction over my block’s parking area. Cooperated in getting PCNs cancelled etc. they also moved the ANPR camera to the block next door that they do manage. 

However, this camera still points right into our parking area so will still capture us using our spaces. There’s also an exit at the other end of the shared parking area that our lease gives us an easement to use for access. They have installed a second camera here. 

Management company ignore emails complaining about continued interference in our rights. They refuse to advise residents to install billiards to protect their property. 

I’ve had enough dealing with them now. CPM can waste their time and money sending me PCNs, I will just troll them now and invite them to see me in court. I don’t have the money to pursue private legal action against them. So wil just make sure they can’t run their little scam on my space that I own. 

Interestingly, another resident seems to have had enough and has been putting stickers onto the lense of the camera that is aimed at us for the purposes of harassing us. I’ve noticed every week CPM send a goon out to remove the stickers, and this person must work from home because a fresh sticker goes up very quickly after the CPM visit. 

The guy must feel like such a muppet coming here every week to remove the stickers 😝 what a waste of oxygen. 

we’ve got a nice bollard up in our owned space now, so just going to move on with this and waste their time if and when any new PCNs do come. Some ideas to wind them up further would be appreciated, it’s rather good fun. 

Currently thinking to name the driver Mr Dee Snutts. 

Shame about the sticker guy, if only I knew who they were I could buy them a beer! 

Umkomaas

They refuse to advise residents to install billiards to protect their property. 

Cue a joke somewhere here! 

Shame about the sticker guy, if only I knew who they were I could buy them a beer! 

Good idea, then you'll have him in your pocket! 🙂

h2g2

Mullerice said:

This one has gone a bit dead, apologies. Here’s an update. 

Management company accepted that they have no jurisdiction over my block’s parking area. Cooperated in getting PCNs cancelled etc. they also moved the ANPR camera to the block next door that they do manage. 

This is good.

Mullerice said:

However, this camera still points right into our parking area so will still capture us using our spaces. There’s also an exit at the other end of the shared parking area that our lease gives us an easement to use for access. They have installed a second camera here. 

Management company ignore emails complaining about continued interference in our rights. They refuse to advise residents to install billiards to protect their property. 

This is less good.

Mullerice said:

I’ve had enough dealing with them now. CPM can waste their time and money sending me PCNs, I will just troll them now and invite them to see me in court. I don’t have the money to pursue private legal action against them. So wil just make sure they can’t run their little scam on my space that I own. 

I'm wary of supporting this. If they issue a PCN you should probably apply a court for an injunction to stop them. Otherwise you risk them issuing court proceedings against you after you move and getting a judgment in default against you. While the judgement is likely to be overturnable it will still be a right pain to do, especially if you have more pressing matters like a mortgage application, for example.

On the other hand, if you have an injunction preventing them from issuing you PCNs they'll be forced to back off. Violating an injunction is a criminal matter so you can rest easy that if they do try to mess you around in the future they take a huge risk.

Mullerice said:

Interestingly, another resident seems to have had enough and has been putting stickers onto the lense of the camera that is aimed at us for the purposes of harassing us. I’ve noticed every week CPM send a goon out to remove the stickers, and this person must work from home because a fresh sticker goes up very quickly after the CPM visit. 

The guy must feel like such a muppet coming here every week to remove the stickers 😝 what a waste of oxygen. 

we’ve got a nice bollard up in our owned space now, so just going to move on with this and waste their time if and when any new PCNs do come. Some ideas to wind them up further would be appreciated, it’s rather good fun. 

Currently thinking to name the driver Mr Dee Snutts. 

Shame about the sticker guy, if only I knew who they were I could buy them a beer! 

I'm not a lawyer but I wouldn't be advising the sticker shenanigans. Whoever is doing that would likely (if caught) end up on the hook for replacing a camera if the lens gets damaged, and paying for whoever is coming to remove the sticker. Maybe even criminal damage (IANAL). 

Coupon-mad

I would send a letter to the MA headed up 'final complaint - impasse stage' which is concise and talks about them breaching the ICO's Surveillance Camera Code of Practice, as well as UK GDPR and the DPA 2018.

Wait for their reply then pop in a complaint to the ICO with your evidence including the MA admitting they don't have jurisdiction to manage your parking area and including at least one PCN that has arrived recently. You also have to show the ICO that you have exhausted the complaint route.

Secondly re UKCPM:

Email the DVLA data complaints team and tell them that UKCPM has positioned two cameras in a place that causes you to get PCNs at your own home, despite the MA admitting that they don't have jurisdiction over your parking area.

When the DVLA knock you back with the usual crap reply seen every time, escalate the complaint and tell them this complaint isn't going away.

Mullerice

h2g2 said:

Mullerice said:

This one has gone a bit dead, apologies. Here’s an update. 

Management company accepted that they have no jurisdiction over my block’s parking area. Cooperated in getting PCNs cancelled etc. they also moved the ANPR camera to the block next door that they do manage. 

This is good.

Mullerice said:

However, this camera still points right into our parking area so will still capture us using our spaces. There’s also an exit at the other end of the shared parking area that our lease gives us an easement to use for access. They have installed a second camera here. 

Management company ignore emails complaining about continued interference in our rights. They refuse to advise residents to install billiards to protect their property. 

This is less good.

Mullerice said:

I’ve had enough dealing with them now. CPM can waste their time and money sending me PCNs, I will just troll them now and invite them to see me in court. I don’t have the money to pursue private legal action against them. So wil just make sure they can’t run their little scam on my space that I own. 

I'm wary of supporting this. If they issue a PCN you should probably apply a court for an injunction to stop them. Otherwise you risk them issuing court proceedings against you after you move and getting a judgment in default against you. While the judgement is likely to be overturnable it will still be a right pain to do, especially if you have more pressing matters like a mortgage application, for example.

On the other hand, if you have an injunction preventing them from issuing you PCNs they'll be forced to back off. Violating an injunction is a criminal matter so you can rest easy that if they do try to mess you around in the future they take a huge risk.

Mullerice said:

Interestingly, another resident seems to have had enough and has been putting stickers onto the lense of the camera that is aimed at us for the purposes of harassing us. I’ve noticed every week CPM send a goon out to remove the stickers, and this person must work from home because a fresh sticker goes up very quickly after the CPM visit. 

The guy must feel like such a muppet coming here every week to remove the stickers 😝 what a waste of oxygen. 

we’ve got a nice bollard up in our owned space now, so just going to move on with this and waste their time if and when any new PCNs do come. Some ideas to wind them up further would be appreciated, it’s rather good fun. 

Currently thinking to name the driver Mr Dee Snutts. 

Shame about the sticker guy, if only I knew who they were I could buy them a beer! 

I'm not a lawyer but I wouldn't be advising the sticker shenanigans. Whoever is doing that would likely (if caught) end up on the hook for replacing a camera if the lens gets damaged, and paying for whoever is coming to remove the sticker. Maybe even criminal damage (IANAL). 

Thanks for the reply. I’ve no idea how to initiate an injunction and don’t have the money for lawyers and court fees etc. Also this wouldn’t protect my visitors from harassment and that’s a big deal to me. If my parents visit I park down the road in the P&D so they can use my space. I don’t want them having to deal with this stress or feel like they must park elsewhere to avoid it. 

I did a DSAR with CPM and they’ve deleted my data, after acknowledging they have nothing. Gladstones have refused to delete it despite CPM telling them they have nothing to pursue. 

If I move I’ll keep an active postal redirect anyways. 

Regarding ‘criminal damage’ - the bandit is only helping to ensure CPM don’t fraudulently allege on their signs that the can sell our spaces for £100 or anyone with one of their e-permits can park in a bay (nothing on signage says the bays belong to us. Just to only park within a bay). 

Similarly I wouldn’t want them inadvertently requesting details from DVLA when they have no legal right to do so - the stickers look harmless and don’t do damage. 

Do I get to claim for my time spent dealing with this? Why should they get to claim for some guys time to come and enable their fraud?

ChirpyChicken

You need a solicitor to issue an injunction 
The court is about £300

Coupon-mad

Mullerice said:

Do I get to claim for my time spent dealing with this? Why should they get to claim for some guys time to come and enable their fraud?

You will claim for the minimal costs of an injunction. Plus other costs that the solicitor deems arguable. Doesn't even need a hearing. Just do the injunction.

Any property solicitor can do that for you and that will end it. You could share that up front cost with other residents and bring this nightmare to an end.

You may be able to find free housing law advice to start you off in that process, e.g.

- being a Brighton lady I'm now aware of 'Lawstop' which has free housing clinics (legal advice for tenants and leaseholders - not landlords - and it comes face to face from from a solicitor, free) in London & Brighton. Maybe you have similar in your area, if you Google for free housing law advice?

- your local University law faculty almost certainly offer free housing law advice. The 2 Unis in Brighton, for example, are both open for legal advice in February (supervised free by solicitors & barristers). Google yours.

And if you are leaseholders then you may be able to get help from the Leaseholders' Association.  

ChirpyChicken

Just don't mention the football to this Brighton lady..... @Coupon-mad