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UKCPM notice at own residence
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Blinkstrike
Posts: 1 Newbie
Hi everyone,
I would like to get some opinions on what I should do next with a parking notice from UKCPM. I have to also say, A guy at my work told me about this website after I told him what's going on, so unfortunately I did somethings you guys advise against. I have now read the newbie bit but is still confused. To give you the story.
I recently moved into an apartment which is monitored by UKCPM. We have an allocated parking bay which I park in. I forgot to put the permit in my window and received a notice. I appealed on their website and then ,which I did not know not to do, appealed on IAS which also got dismissed. I was parked in my parking bay, not obstructing any thing or anyone. Well with in my boundaries. I am renting the apartment. I have also spoken to my landlord and he assured me that he own the parking bay. He also informed me that he has never given UKCPM any right to issue parking notices for his parking bay. I stated this in my appeals, how they trespassed which they just said they have the right to do so because they have a contract with the land managing agent. Their reply to that:
"You have stated that the vehicle was parked in your allocated bay, which you believe forms part of your property and therefore exempts you from receiving a Parking Charge Notice. However, please note that UK Car Park Management (CPM) enforces parking at this site under a lawful agreement with the landowner or managing agent. This includes the authority to monitor and issue notices for all bays, including those allocated to individual residents, unless an exemption is formally recorded.
While you may be the leaseholder or registered occupier of the bay, enforcement schemes introduced by landowners or their appointed agents remain valid, as supported by case law (Kugemann v UK CPM, 2019). These schemes are in place to manage the use of communal facilities fairly and consistently, and compliance is required from all residents, guests, and vehicle users on the property."
While you may be the leaseholder or registered occupier of the bay, enforcement schemes introduced by landowners or their appointed agents remain valid, as supported by case law (Kugemann v UK CPM, 2019). These schemes are in place to manage the use of communal facilities fairly and consistently, and compliance is required from all residents, guests, and vehicle users on the property."
I also send them my rental agreement which does not say I have to display a permit. I have also stated that the amount they are charging is not a parking charge, but a penalty. That they also did not incur any lose or suffered and it is excessive and no legitimate interest is gain other than gaining a profit for something that is not wrong ie. me parking at my own residence. I also pointed out that it is a gated car park which you have to have a remote for the gate or a code to enter, which if you have either, you are authorised to park there. Part of their reply was "By the appellant parking at the restricted area, they have contractually agreed to pay the parking charge notice." I do not understand how it is "restricted" to me if I have means to enter with out breaking anything. One of the things UKCPM said is that all the other car in the car park had either a paper permit displayed or an e-permit. I tried to applied for an e-permit on their website which I then was told they do not do e-permit for my location. Unfortunately I did also do something which I now know is wrong and used the words "I was parked" in my appeal.
So now I want to know if I should sit back and wait for solicitor letters or try a POPLA appeal. Am I just going to have to take the pain and pay the £100 or in your opinions I have other options.
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Comments
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There's no POPLA with UKCPM. No appeal. Just await the LBC from a solicitor (see the second post of the NEWBIES thread).
Get this in writing/by email from the landlord and ask him kindly for a copy of his lease:I have also spoken to my landlord and he assured me that he own the parking bay. He also informed me that he has never given UKCPM any right to issue parking notices for his parking bay.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1
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