Invalid Permit in CPM managed car park

JL787

I posted a note on the carpark door and asked my neighbour to contact me if they received any unfair tickets, but so far no one has contacted me.

I see your point here, I will ensure to tell them I'm opting "out" of the scheme.

I don't mind complete scheme is scraped for every space that has the exclusive right, but I know there are different types of lease here, for example, there are commercial units. I am not sure what I can do for that.

JL787

I'm lucky enough to receive a quick reply from the management company trying to dodge their responsibilities.

A few points highlighted below that they tried to scare me:

1. "whilst the lease grants exclusive rights for the use of the parking space allocated to your property, ownership of the parking areas remains retained by the Freeholder" :- Totally irrelevant in my view.
2. "the lease also provides provisions enabling the Management Company and/or its Managing Agents to introduce and enforce reasonable regulations relating to the management and use of the estate, including the parking areas. It is under these provisions that the parking management scheme currently operated by UK Car Park Management Ltd (CPM) has been implemented." :- I think considering Primacy of Contract this does not overrule my right given in the lease.
3. "Please note that XXX Management are not the issuer of the Parking Charge Notices and we do not have the authority to cancel or overturn tickets issued by CPM. As an independent parking enforcement operator, CPM administers and reviews appeals directly in line with their own procedures and the relevant parking regulations." :- It sounds like CPM is allowed to operate anywhere they like?
4. "With regard to your request for the space to be “white-listed”, we will correspond with CPM and ask them to remove the car parking bay from parking enforcement, this will mean that if your space is used by another resident, there is little we can do in order to stop them from parking there." :- I have reminded them they still have responsibility to control the carpark as they took the service charge.

I'm now waiting for their reply again and will escalate in the complaint procedure if they continue to refuse giving instruction to CPM.

James_Poisson

What utter rubbish, a typical brush off from a poorly informed management company.

If parking management is required it should be exclusively for the benefit of the residents and their visitors not for the profit of some third party that attempt to use a commercial contract to unilaterally benefit them.

The sham joint COP and the appeals process if it was properly used in good faith and fairness would stop these greedy scammers from following through with their threats and they would save everybody time and money by accepting the appeal representation.

Stating that CPM administers and reviews appeals directly in line with their own procedures and the relevant parking regulations is subservient and quite ridiculous a prime case of the tail wagging the dog. Stating that they do this in line with "parking regulations" is at best naive and unresearched as the private parking industry is unregulated, even their two ATA's confirm they do not regulate their members only advise them with best practice, which they ignore on a daily basis.

1505grandad

Perhaps you should get your MP involved as well?

Coupon-mad

Send them a link to the Duchess of Bedford House parking case and ask who will appear in court as their witness and to whom to address a claim form or injunction to cease and desist. All of which will cause costs.

'Exclusive' rights has been tested in court.

Half_way

https://forums.moneysavingexpert.com/discussion/comment/82008694#Comment_82008694

1: the lease grants primacy of contract over any third party "parking company" no third party is able to take away ( the right to park/use the space) something that they do not have the right to do, and to add to that no third party has the rights to levy additional charges on that land

2:The imposition of an un regulated third party parking company falls outwith the definition of "reasonable" as is subletting my land without my permission, a sublet which you through the actions of your agents have valued at £100 per day,

3: while you may not be the issuer of the parking charges, as principal you are jointly and severally liable for the actions of your agents, CPM are not governed by or covered by any regulations, so your statement that "CPM administers and reviews appeals directly in line with their own procedures and the relevant parking regulations." is at best false, and at worse possibly fraudulent

As principal, you are jointly and severally liable for the actions of your agents, in a similar residential case UKPC vs Davey resulted in a substantial payout for the person who received the parking charge notices

JL787

I pointed out under the law of Agency, CPM operates solely as their contractor. The management company as the Principal remains legally liable for the tortious actions and civil trespasses committed by their agents on leasehold property.

I hope they will take action to instruct CPM.

No response from the management company after a week.

But finally I got another resident, who received a ticket because of the same issue, contacted me, hopefully I can gather more info from others and put pressure on the management company.

Coupon-mad

Keep it up and NOBODY has to pay.

There is no CCJ risk as long as any claim form is defended in due course. Easy enough but lean on the managing agents.

JL787

Finally, I'm lucky enough to have both tickets cancelled by CPM after the first step of appeal.

The management company still insisted they have no authority to cancel the PCNs and they are only agent to the RTM company of my property. I did sent my case and request to the RTM director but I haven't received any reply from him.

I'm not sure what happened behind, but I got the cancellation email from CPM right after getting a reply from the management company. A coincidence?

My neighbour is not so lucky, she is in the same situation and received an "invalid permit' PCN. CPM and IPC rejected her appeal even I told her to include my PCN number which was cancelled in her appeal. Not sure if CPM will still proceed the charge. I told her to ignore everything before receiving the Letter Before Claim. Good luck to her..

Coupon-mad

Yep send her here and don't let her pay!

Glad yours were cancelled but this is no way to live at your own home. Get the RTM company to remove the parking firm and get other residents on board.