CPM ticket while parked at the allocated parking

raselmahbub · 2 April 2017 at 9:00PM

I recently moved into a flat. At the time of handover I was not told or given any parking permit to display in my car. The car park is a secured garage (requires a key fob to enter) and the parking bay is also numbered same as my flat. The only thing I was told that there is an allocated parking underground and its marked with your flat's number.

There are lots of signages around and inside the garage, but I had no reason to stop and read those writings because a) I have rented a flat in this property which comes with a grage b) I am entering into a secured garage with a key which came to me with rental agreement of this property and c) even the bay I was parking, is marked with my flat number.

Anyway, recently, two months after moving into the property, I received a PCN.

I phoned my letting agency and emailed them the PCN. They came back and said that, they spoke to CPM and trying to mitigate the issue but since the vehicle is under my name I have to appeal the PCN my self. And also in the mean time they are arranging a permit for me. Moreover the agency lady (property manager) wrote the appeal letter for me.

I then just printed the letter off and posted it to CPM. They rejected it. I contacted the agency back again and they are now asking me to pay the fine!

The Appeal Letter:
To whom this may concern,
I am writing to you as I am a resident at the property xxxxxxxxxxxxx and I wish to appeal a parking fine I received as I have resided here since 00/00/00 and did not receive a permit upon me moving into the property and since been made aware that a permit is required to park in my allocated space.
I have now purchased a permit and this should be arriving in the next 3 days as advised by my managing agent that this is what I require to have.
Please could you advise my position on this as I should not be responsible to pay this fine in my residential parking space solely for my use as an occupier of a flat in the Courtyard.
The reference number is: XXXXX
Vehicle registration: XXXXX
I look forward to hearing from you.

CPM rejected it on the ground of there are enough notices everywhere in the garage and it was my responsibility to be aware of the parking rules.
They are also asking me to pay £100 since the appeal was done after the 14 day period.

Based on the facts above, can someone please advice my available options.
Many thanks

The_Slithy_Tove · 2 April 2017 at 9:19PM

raselmahbub wrote: »

I have now purchased a permit

You what! You don't mean you have PAID money to park somewhere that your lease/tenancy almost certainly gives you the right to anyway. That was a foolish move, as it gives legitimacy to PCM.

Go back and check your tenancy (if you are renting). What exactly does it say about parking? If it's allocated parking, then no-one else can start charging you to use it.

Have you done a search on this forum for "own space" or some such to find the many similar cases?

Coupon-mad · 2 April 2017 at 10:15PM

Your Managing Agents are mucking you around - THEY CAN get these cancelled and you should never have let them write 'an appeal' for you.

They need to cancel this, they are at fault for not providing any permit and then by accepting it's needed in future and buying one, you have made it look like you agree to the regime, now.

Here is a thread where someone INSISTED the PCN as cancelled by the MA.

http://forums.moneysavingexpert.com/showthread.php?p=71896526#post71896526

Better than letting it go to court and having to defend against this rip-off dross.

raselmahbub · 2 April 2017 at 10:17PM

Thanks for the prompt response.
I was not aware that this will end up like this. When I spoke to the agency first they said that they are looking into it and I just need to appeal it because the car is in my name. They also drafted the letter and emailed it to me to send to CPM.

I have just checked the tenancy agreement and the clauses are:

15. Cars and Parking
15.1. To park a private vehicle only at the Property.
15.2. To park in the car parking space, garage or driveway allocated to the Property, if applicable.
15.3. To keep any garage, driveway, or parking space free of oil and to pay for the removal and
cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
15.4. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
15.5. Not to park any vehicle at the Property that is not in road worthy condition and fully taxed.

Coupon-mad · 2 April 2017 at 10:31PM

Great, you have primacy of contract. Look at PACE v Noor:

http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html

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

Be more forceful, no permit applies under those terms (which was the ONLY contract agreed) and terms cannot be unexpectedly imposed afterwards. We have loads of threads like this and most end in a court hearing where the OP wins.

Insist with the MA that it is cancelled and consider also opting out and telling them you have realised you have rights already in your lease and so there is case law to support your right not to pay any regard to any 'permit scheme' or 'parking charge' which is in fact a matter of derogation from grant. This is the fault of the MA, so they'd better cancel the PCN or you will require their MD to attend court as a witness, should this nasty bunch of ex-clampers that the MA has let loose at this location without agreement, decide to sue you.

UKCPM or PCM UK? Both notorious ex-clampers who no MA should EVER allow near residents cars.

raselmahbub · 2 April 2017 at 10:41PM

Thank you very much Coupon-mad.
What do you mean by opting out? from what?
I have just started reading all those references. I think a I need a little bit of time to absorb all the information.
If possible, I would really appreciate if you can advise me on my next move.

Its UK CPM (uk car park management).

Coupon-mad · 2 April 2017 at 11:33PM

Opting out of the parking 'scheme' and making it known in writing that you do not agree to any such charge or variation of your already documented right to park. No-one needs a daft permit in a private gated complex.

Half_way · 2 April 2017 at 11:52PM

You should also ask for a refund if you havce paid money for any permit as well as informing the management company you are formally opting out.
please read this, courtesy of Lynzer on pepipoo and then post your thoughts back here.
http://www.thebridesmother.co.uk/Media/residential-parking.pdf

Guys_Dad · 3 April 2017 at 7:40AM

Your beef is with your landlord and their agents. Their failure to provide you with the relevant permit or liaise with the PPC to get you one was the problem. If the landlord had opted out of the scheme then you should have had that in writing.

On the primacy of contract issue, I am assuming that you are a tenant of a leaseholder from your initial post. Your tenancy contract is different from the lease that your landlord has with the actual landowners who appointed the management agents. It is that lease that has the primacy.

For example, if the estate had a no pets condition in the lease and your landlord failed to tell you when you rented the flat, if you had a dog, then you could not demand to keep it using primacy of your tenancy agreement.

Yours is not the first case on here where a tenant was not given a permit when taking up a new tenancy and the fault Liss firmly with your landlord or the letting agency. If you can't get off this charge, you should commence your own civil action against the letting agency to recoup your charge.

The_Deep · 3 April 2017 at 9:29AM

You have mentioned dealings with a letting agent, these are not the people to engage with. You need to get your LANDLORD on side and get him/her to lean on the managing Agents. return the "permit" and demand a refund.

As a tenant, you AST gives you legal rights (cf Landlords and Tenants' Acts), with which the MA/PPC are attempting to interfere. Possibly a criminal offence.

http://www.legislation.gov.uk/ukpga/1985/70

raselmahbub · 3 April 2017 at 10:21AM

Thank you everyone!
I understand that the case is in my favour.
But I am a bit confused now. I have until 11 April to pay the fine. So shall I fight with the letting agent to get it cancelled (which may pass the 11 April deadline) and if the refuse it then what happens?
Or shall I pay the fine and get the refund from the agent becuase the CPM guys are right in their saying that I failed to display the ticket?

I was about to write an email to the letting agent in regards to opting out from parking charge scheme as Coupon-mad suggested...but now Guys Dad, you are saying that the opting out option is actually not part my contract.. am I confusing it too much?

The Deep, I do not know who the landlord is since this rented from the letting agent. I only know that the landlord lives in Dubai.

OK, I have drafted a letter to email to the letting agency...

I have checked the tenancy agreement and realised that I already have the right to park at the allocated bay which is located in a privately gated parking complex, in which I have access (provided by you) to. Therefore, I am opting out from the parking scheme and making you aware of the fact that I do not agree to any such charge or variation of my already documented right to park. There are also case laws to support my right not to pay any regard to any 'permit scheme' or 'parking charge' which is in fact a matter of derogation from grant.

The tenancy agreement gives me the right to park at the property and it does not mention anywhere that it is required to display a permit. Neither I was handed over a relevant permit by you at the time of hand over nor I was made aware of the required condition which you have already agreed in your previous emails.

I want you as the managing agent of the property to take necessary steps to cancel the PCN because your company (Prospect Letting agency) is at fault by not following the due diligence or I will require the MD to attend court as a witness, should the third-party parking agency decides to take this matter to the court. Additionally, if required, I will also get legal assistance against your company for putting me in such an unfavorable and disadvantaged position merely because of your professional negligence and irresponsibility.

Please let me know if this is enough. I will hit the send button once I get your response.
Appreciate your help and support. Thanks

CPM ticket while parked at the allocated parking

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free