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CPM refused to cancel ticket for my own parking space

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Dear All,

Firstly thank you for taking the time to read it. I turned to this forum because common sense has simply gone out of the window with the above operator.

A family member visiting from out of town parked in my legally owned parking bay at the block of flats I am in. I purchased the parking space and have deeds to show legal ownership for the next century or so. I do not pay (to my knowledge) ground rent for this parking space (only for my flat).

It seems that my family member, for whatever reason and in their hast to get out of the car did place a permit in the window (the permit simply shows the bay number and is issued by the above operator) but as they have a small child and probably with the excitement from my little niece in visiting her uncle, the permit somehow slid away from display.

Long story short, I wrote to CPM to advise them it was a family car, that I own the parking space, and that they should cancel the PCN.

Low and behold, they have refused to, citing that a permit must always be display and that only the driver or keeper of the car can appeal.

Seriously - to me this makes no sense. I am the parking space owner?

What do I do now? I have been given two weeks to pay in full.

Thank you again for reading. I decided to post as the above situation where a person that is appealing also owns the space wasn't listed or even close to what I had read in the newbie thread (unless I missed it?)
«13

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,702 Forumite
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    edited 7 July 2018 at 10:05PM
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    Why have you accepted a permit scheme relating to your owned bay? Reject it.

    Send a letter to UKCPM with a copy of your title deeds to that space, telling them that every time they set foot in your bay to touch a car or your land, this will be an act of trespass, as was the time they applied a PCN to car reg xxxxxxxx recently. Tell them that you will seek an injunction and then sue them for the cost, if they do not:

    - cancel that PCN
    - never apply a PCN to any car in your space, permit or no permit
    - keep off your land in future/for ever

    Return the permit and say you only took it as a matter of courtesy and never as a matter of any agreed contract, indeed you have never authorised any ex-clamper thug firm akin to UKCPM to maraud among cars on your land, and you never will.
    I have been given two weeks to pay in full.
    No you haven't, it's not your PCN. Are you saying that UKCPM have offered YOU the IAS stage, even though you are not liable? LOL. Might be worth an appeal to the IAS, this one, as you are not liable in law.
    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
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    they are operating a business on your land without permission , send them an invoice for use of your land

    PS : Permit , its your bloody land!
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    I have been given two weeks to pay in full.
    Surely it's your visitor being pursued here? If you are the de facto landowner of the parking space and the PPC does not have your permission to enforce a parking regime on your land, then the DVLA must be involved as the PPC had no contract to manage your car parking space nor have any reasonable cause to access the registered keeper's details.

    But from what you've so far written, this isn't your case to deal with.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • unit_g83
    unit_g83 Posts: 23 Forumite
    edited 7 July 2018 at 10:20PM
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    Dear all,

    Thank you for your responses. My apologies, I have missed out some information which may be helpful here.

    When I purchased my flat (it's my first ever owned property) it was sold to me by the previous owner along with the parking space. Both properties (my flat and the parking space) have separate deeds for leasehold.

    Upon moving in last year, I noticed the land was controlled (not owned!) by CPM. They have a couple of signs in the car park which is shared with several dozen other residents (all of which also own their parking space, as these spaces absolutely can not be rented - only purchased).

    I think the idea from the original property developer was to have a PPC on-site to protect residents parking bays from any random person (i.e. non-resident) coming in and sneakily parking in a secure location as they please. The reality is that I haven't ever seen or heard of this happening. But I have heard of residents getting PCNs.

    I haven't ever seen a contract between CPM and the original land owner (I am now the title deed owner).

    I have no choice but to right back to them. In my original letter, I stressed I am the legal parking bay owner, the car was a family members car visiting me, and that I would accept no other outcome than have CPM cancel the PCN given the facts I presented to them.

    So, based on the above, am I missing something there? Am I being dense about something? As far as I can see, I am still in the 'right' and they are in the 'wrong'?
  • Coupon-mad
    Coupon-mad Posts: 131,702 Forumite
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    My advice is unchanged.
    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
  • unit_g83
    unit_g83 Posts: 23 Forumite
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    Coupon-mad wrote: »
    My advice is unchanged.

    Thank you coupon-mad, this genuinely makes sense to me. I just can't see how CPM don't see that...

    I'll update here for everyone's benefit as when things progress

    kr,

    unit_g83
  • fisherjim
    fisherjim Posts: 6,036 Forumite
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    unit_g83 wrote: »
    Thank you coupon-mad, this genuinely makes sense to me. I just can't see how CPM don't see that...

    I'll update here for everyone's benefit as when things progress

    kr,

    unit_g83


    Of course they see that, but admitting that would not be lucrative and would stop others falling for their scam!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 8 July 2018 at 8:57AM
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    Have you read this

    http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

    you could be on a nice little earner here.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    Have you see thishttp://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 58,238 Forumite
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    edited 8 July 2018 at 10:25AM
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    You should be going at this with all guns blazing, as should all the other residents who own parking spaces.

    You should complain to your MP about this unregulated scam, contact local and national press, and trading standards, possibly even the police as fraud is being committed.

    Cut the permit in half and send it back with the letter as advised by Coupon-mad.

    The vehicle keeper should send an SAR and a complaint to the DVLA that their personal data has been obtained without reasonable cause, backed up by a letter from you, the landowner stating that you own the land and have not given permission for a business to be run on your property, and without your knowledge. Include the land registry data to back this up.

    You really should be kicking up a massive stink about this.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • peter_the_piper
    peter_the_piper Posts: 30,268 Forumite
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    unit_g83 wrote: »
    Thank you coupon-mad, this genuinely makes sense to me. I just can't see how CPM don't see that...
    They do see it but they are not going to admit it to you when there is the chance you may cave in and pay. ££££££££££££
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
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