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CPM Penalty Ticket Assistance Required

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1246714

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  • hairray
    hairray Posts: 65 Forumite
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    Im guessing it would be a good idea to nudge the land owner, asking their stance?
  • Coupon-mad
    Coupon-mad Posts: 132,481 Forumite
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    Yes, no reason why not but reminding them they are liable for the conduct of their agent.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • hairray
    hairray Posts: 65 Forumite
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    Hey Coupon,

    The landowner responded:


    Apologises for the late response.

    I have raised you complaint to our legal department for their comments.

    Unfortunately because you raised this to the ISA immediately after receiving the ticket and it was rejected, Countryside cannot ask CPM to cancel tickets as they cannot cancel tickets that have been rejected by the ISA.


    I believe by ISA he is referring to UKCPMS 'Independent' appeal company.

    Appreciate your assistance Coupon.
  • safarmuk
    safarmuk Posts: 648 Forumite
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    You might like to reply back and ask where whomever implemented this scheme documented the procedures for getting resident tickets cancelled (e.g. where has it ever been documented that you must "speak to the landowner before following what is written on the 'invoice'") and where in your lease it says that you can become liable for a £100 invoice for parking in your own leased space ...

    Also make the point that what authority does the IAS have over and above the leaseholder and freeholder and does the landowner really believe that CPM can invoice you for £100 for parking in your space ...


    What did you write to the landowner in the first instance?
  • hairray
    hairray Posts: 65 Forumite
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    Hey Safarmuk,

    After the landowner kept giving me the excuse that they could do nothing, I took Coupons advice and highlighted that they are liable for the actions of the agent, that I haven't agreed to pay anything above my service charge and ground rent and that I would like the ticket cancelled or paid for by the landowner.

    Thank you for your time Safarmuk.
  • hairray
    hairray Posts: 65 Forumite
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    I also requested for them to respond within 14 days, the representative of the landowner didn't respond in the 14 days and I haven't heard anything from their 'legal department'
  • Coupon-mad
    Coupon-mad Posts: 132,481 Forumite
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    edited 10 February 2017 at 3:46PM
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    I have raised you complaint to our legal department for their comments.

    Unfortunately because you raised this to the ISA immediately after receiving the ticket and it was rejected, Countryside cannot ask CPM to cancel tickets as they cannot cancel tickets that have been rejected by the ISA.


    Dear xxxx,

    I assume you mean the kangaroo court known as the IAS, run by the parking firm's own trade body Directors?

    This makes no difference. A parking firm can of course cancel a charge at any stage at all. I consider your appointment of this notorious firm of ex-clampers to be an aggressive business practice, contrary to consumer law, and a matter of derogation from grant. Clearly a leaseholder enjoys primacy of contract. Perhaps your legal team could point out where in my lease/agreement it imposes any obligation to become liable for a £100 invoice for parking in our demised bay?

    Are your legal team unaware of this Appeal case, which cost the parking firm (and their landowner/managing agent client would have been jointly and severally liable, had they been added to the case) over £2000 in legal fees:

    http://nebula.wsimg.com/f6d657adf7df70d27e1dd285688b5701?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

    or how about these cases, also confirming that leasehold title trumps any attempt to disregard easements and rights of way by charging or otherwise interfering with a resident's peaceful enjoyment:

    http://nebula.wsimg.com/2b78bca392463b7d14e653b009688d1a?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

    http://nebula.wsimg.com/c269da31b314e7cc17e383a625b5ae23?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

    You and your agents cannot disregard my rights as resident and nor can you impose a parking charge where none exists in the leasehold title agreement that I rely upon for normal use of the flat and demised bay. The fact of the matter is that UKCPM failed to provide me with a permit, so clearly cannot impose their 'charges' for inability to display same.

    Take formal note, however, that I do not accept the permit scheme applies in my demised bay, will not agree to a variation of the lease and if UKCPM or any other agent should trespass in my demised space I will sue. For the avoidance of doubt, I reject the suggestion that the parking signs, intended to deter rogue trespassers, apply to residents with easements and rights flowing from a lease which incorporates no such 'parking charge' or penalty terms into that agreed contract.

    UKCPM must not enter my demised bay and must cancel this 'charge' which is of their own making. Should UKCPM persist with this unwarranted demand, I will hold you jointly and severally liable. Under your contract with UKCPM it is extremely likely to allow you to cancel a certain number of tickets (it may cost you a fee, but you will have that right). If not, that is entirely your issue, your oversight as principal in your contract for not taking reasonable steps to include a clause to enable you to protect residents who are unfairly harassed by your aggressive agents.

    Please do not insult me by suggesting that the fact the case was waved under the noses of the parking firm's less-than-independent appeals system means for one minute that it 'can't' be cancelled. I expect the charge to be cancelled and I require you to inform your agents that I do not accept the parking regime in my demised bay.

    kind regards,
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • hairray
    hairray Posts: 65 Forumite
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    Coupon,

    Thank you so much for putting that together for me! I must admit I'm way out of my depth with some of this.

    Thank you again!
  • safarmuk
    safarmuk Posts: 648 Forumite
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    Great letter C-M, might make a few changes and use that for my own purposes.
  • hairray
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    No response as of yet, not even acknowledgement
This discussion has been closed.
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