PCNs from CPM for parking in my own space & Letter from BW Legal

WillowsPuppy01

Hi all,

Long-time reader, first-time poster!

I'm not (at this point) looking for any advice (i've read the NEWBIES threads, and have found several other threads relevant to my situation that have been VERY useful) but I figured i'd start a thread to document my situation and the steps i'm taking so that it might help others in a similar situation. And of course, if any forum veterans want to chip in with any advice, that's a plus!!

Should this situation be sucessfully resolved, i'd also like this to be evidence that CPM and their lackeys can, and should be, stopped from taking advantage of people like myself.

So, the situation as it stands:

The management company for my apartment complex, Premier Estates, have employed CPM, and there is signage around the property, in fact there is actually one on a lamp post right behind my parking space.

2x PCNs received May and July 2024 for 'Not displaying a valid permit'. This was because on these 2 occasions, i had not noticed my permit had slipped off my dashboard. It's important to note that on both occasions my car was parked in the space that comes with my flat (that i own, not rent and is outlined as part of the footprint of my flat on my lease/deed).

I ignored these PCNs, and the subsequent letters from 'Debt Recovery Plus' as i do not engage with Carpark Cowboys, and, as it's my legally owned space, i can park anything in it as long as it doesn't contravene the terms of my lease.

Fast forward to last week (w/c 24th Feb) and i recieved a letter from 'BW Legal' with a vastly inflated 'fine' of £340 and the mention of court dates (i have scans of both PCNs and the BW Legal letter, but can't post as i'm still a forum noob!). Now, having read many threads on this excellent forum, i'm pretty sure that the BW Legal letter isn't even a LBC, just a scaremongering tactic, but I decided to try to nip it in the bud at source, more to stop the annoying junk mail, than for anything else.

I've not appealed these PCNs to CPM, as they're over a year old, but i HAVE emailed the Estates Manager for the management company that manages my apartment complex, using a tweaked version of a letter from a thread i can't now find - sorry!

But the letter is as follows (apologies for the block of text, but it might be of use to someone!):

Subject: FORMAL COMPLAINT ABOUT CPM AS YOUR AGENT 

Dear Sir or Madam,

I am the owner and resident of XXXX. I am writing to make a formal complaint to you because the action of your agent, UK Car Park Management Ltd (CPM), is unfair, upsetting and intimidatory.

My car, when not in use, is always parked in my car parking bay, XX, which as you are aware, is legally part of my property and is included on the deeds as such. As long as I adhere to the terms of my lease with regards to that car parking space, it does not matter if I display a ‘permit’ or not – that space is my property, and I’m within my rights to use it as I wish, again, within the terms of my lease. Parking a car – with a permit or not – is within the terms of my lease. Having said all that – I display the ‘permit’ issued by CPM not for compliance, but for a quiet life. Which brings me to the point of this email.

On two occasions, my ‘permit’ was allegedly not visible through the windscreen of my car; 28/05/24 and 10/06/24, according to documents from CPM. Now, I don’t actually remember these dates at all, let alone whether or not my ‘permit’ was visible, so I’m not going to comment on that. It’s not my policy to engage with carpark cowboys, especially when A. It’s my legal property and B. I have a ‘permit’.  My complaint is with the harassment I am now getting from CPM and their lackeys chasing these 2 ‘fines’, which, by the way, they’ve inflated to £340. Additionally, I have received correspondence from a ‘BW Legal’ threatening legal action – a company who I have had no dealings with, no contract with, and whose scaremongering tactics I don’t appreciate at all.

I have researched this matter online and found that CPM has terrible reputation and is one of the worst and most litigious parking companies, they are suing innocent residents and visitors without referral to their clients, like yourselves, who may still naively believe that their agenda is ‘parking management’. Having spoken with a few neighbours, obviously I’m not the only one, many residents have had issues with CPM. I am very upset that such an aggressive agent has been appointed to manage parking here and have free reign to intimidate residents and residents’ visitors for their own profit. 

I would welcome your own view on this harassment and hope you see fit to ensure that CPM cancel the PCNs immediately. My research about this matter has revealed that you have the authority to make sure CPM cancel these PCNs, as they are your agent. I have no intention of paying these PCNs, and would go to court if needed.

I sincerely hope you can help with this matter so it doesn’t have to end up in court.

I sent this on Tuesday, with accompanying aforementioned scans, and today received an email from the Estates Manager:

"Thank you for sharing the original PCNs and legal letter with us. 

I am unsure as to the circumstances of the fine, so my colleague XXXXX will raise this with the Account Manager at CPM with a view of settling the matter amicably. 

She will keep you updated."

I am also going to complain to BW Legal, via the email address: Complaints@bwlegal.co.uk, at the suggestion of this forum thread: https://forums.moneysavingexpert.com/discussion/6521617/bw-legal-letter-of-claim/p1

And also report them to HMRC for VAT Concerns, also as per advice from several other MSE threads.

Interestingly, when I was organising all the paperwork for these 2 PCNs, i found 2/3 others that i'd ignored, dating from 2020-2023, with accompanying letters from Debt Recovery Plus, that just then stopped. It was as if they'd got the message that they're weren't going to get anywhere with those PCNs...

I'll post updates as i have them.

Fruitcake

Please also complain to your MP, and ask them when the mandatory parking code of practice will be introduced in support of the 2019 Parking Bill to stop this unregulated private industry.

Please also sign the petition below, and get all your friends and family to do the same.

Bring the Parking Code of Practice into law, as per the 2019 Act of Parliament. - Petitions

I suggest you and your neighbours form a fightback group. Several people have done this using leaflet drops and Facebook. Lots of individual complaints is the best way to do this, rather than one letter of complaint with lots of signatures.
Also ask your neighbours to complain to their MP, and to sign the above petition.

1505grandad

FYI  -  The new unregulated (soon to be replaced by a regulated CoP by the Government) single PP sector CoP recognises/acknowledges that this is a scam as they specifically state:-

https://www.britishparking.co.uk/write/Documents/AOS/Sector Code Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

"14

Relationship with landowner

NOTE 3: Particular care is needed to establish appropriate contractual terms, including the

application of parking terms and conditions, in respect of controlled land where

leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a

requirement on the resident of an apartment block to display a permit to park in

contravention of their rights under their lease, or to ensure that free parking periods do not

breach planning consents."

Coupon-mad

Opt your bay out. Stop accepting the unsolicited permit scheme immediately.

WillowsPuppy01

RE: Petition: Signed and shared, thanks!

Coupon-mad said:

Opt your bay out. Stop accepting the unsolicited permit scheme immediately.

How do i do this? Do i just email CPM stating that i want to opt out of their 'Parking Management' scheme, citing the address of my apartment complex?

Another PCN turned up on Saturday - unrelated to the 2 this thread is about - so i'll be appealing that one to tie them up in paperwork for a while, while i get these 2 dealt with. Honeslty, I can understand why some people just give in and pay the cowboys, rather than deal with multitudes of PCNs/Debt Recovery Letters/etc.... thankfully, i'm nnot one of those people!

Le_Kirk

I would write to the management company and/or managing agent (email is fine as you then have a nice email trail) and copy in the parking company.  BUT I would not say "I want to ..........." but "I categorically and without doubt, opt out of your money making scam scheme". 

Coupon-mad

You can't live like this. How far have you raised the necessary complaint with the managing agent, that their scum ex-clamper is trespassing on your land and running an unsolicited business in your bay, offering parking to everyone at £100 per day?

How does any resident agree to this crap and accept a permit scheme they don't need and which puts THEM as the target?

KoalaMSEF

WillowsPuppy01 said:

RE: Petition: Signed and shared, thanks!

Coupon-mad said:

Opt your bay out. Stop accepting the unsolicited permit scheme immediately.

How do i do this? Do i just email CPM stating that i want to opt out of their 'Parking Management' scheme, citing the address of my apartment complex?

Another PCN turned up on Saturday - unrelated to the 2 this thread is about - so i'll be appealing that one to tie them up in paperwork for a while, while i get these 2 dealt with. Honeslty, I can understand why some people just give in and pay the cowboys, rather than deal with multitudes of PCNs/Debt Recovery Letters/etc.... thankfully, i'm nnot one of those people!

We opted out through the management agent and asked for and received a formal confirmation of opt-out. But I remember when we received the permit, there was an 'opt-out' clause after the permit was paid for. 

BW legal won't do anything because they follow their client - parking company's instruction. Unless the parking company canceled all the charges, BW legal will continue to send you letters. 

WillowsPuppy01

Coupon-mad said:

You can't live like this. How far have you raised the necessary complaint with the managing agent, that their scum ex-clamper is trespassing on your land and running an unsolicited business in your bay, offering parking to everyone at £100 per day?

How does any resident agree to this crap and accept a permit scheme they don't need and which puts THEM as the target?

I've not raised this as a specific complaint with my managing company - i've got to email them to see if there's an update to their email from last week with regars to getting thee PCNs cancelled - so i'll add this complaint on AND opt -out of the CPM madness.

WillowsPuppy01

RE: Appeals to CPN: Is it best to use their appeals portal, or email them (for email chain)? I'd rather email, but am having truoble finding an email addess (i've looked thru the forum...)
I'll be appealing using a letter similar the one in this thread:

https://forums.moneysavingexpert.com/discussion/4938293/ticket-for-parking-in-my-own-bay/p2

Which also mentions my rights as the leaseholder, and denies CPM any right to enter my space...

WillowsPuppy01

Update from mamangement company (Premier Estates):

"Good afternoon,

I will contact CPM however you must display a valid parking permit on your vehicle. Can you let me know if you have one."

My reply:

"I do have a permit, but on these occasions it must have slipped off my dashboard.

However, with this in mind, I'd like to opt-out of this car park management scheme - I don't appreciate their blatant harassment OR being 'charged' to use the parking space that I own with my flat."

Will wait to see what they come back with.