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  • FIRST POST
    • unit_g83
    • By unit_g83 7th Jul 18, 9:56 PM
    • 23Posts
    • 15Thanks
    unit_g83
    CPM refused to cancel ticket for my own parking space
    • #1
    • 7th Jul 18, 9:56 PM
    CPM refused to cancel ticket for my own parking space 7th Jul 18 at 9:56 PM
    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?)
Page 2
    • Umkomaas
    • By Umkomaas 9th Jul 18, 1:10 PM
    • 19,409 Posts
    • 30,672 Thanks
    Umkomaas
    UK PCM maintain no right over my legal property, nor have the right to enforce any PCN on my property. I have not signed a contract with UK CPM granting them full rights to manage my parking bay. The scheme UK CPM purportedly look to enforce is for the protection of residents of xxxxxxxxxxxx. In lieu of this fact, and as stated above, UK CPM are harassing me with especially after I have advised in writing that the car is a family car parked with my permission on my land.
    Different PPC!
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
    • IamEmanresu
    • By IamEmanresu 9th Jul 18, 1:23 PM
    • 3,269 Posts
    • 5,487 Thanks
    IamEmanresu
    I am the leaseholder, but the freehold has been sold on from developer to a third party - adriatic land (they are known for buying up freeholds). I must find the deeds and lease details. It's stored securely somewhere but just need to find where
    You are technically not the owner but a long-term renter of the land from Adriatic who are by far a real pain for many, many leaseholders. Check the actual wording on the separate parking lease.

    The lease for your flat is unlikely to be relevant as it is a separate contract.

    What did the Managing Agents say when the parking company were brought in? Adriatic need some sort of justification for penalising the lessees and the MA/Residents usually provide this in the form of a request to bring these people in.
    Last edited by IamEmanresu; 09-07-2018 at 1:26 PM.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • unit_g83
    • By unit_g83 9th Jul 18, 3:47 PM
    • 23 Posts
    • 15 Thanks
    unit_g83
    Dear all,

    Thanks again for your responses. I've just sifted through all of my paper work relating to my flat and the car parking space.

    In one document there was a reference that the car park is in a controlled parking zone / with in a local authority parking scheme. Here's a link to the image



    https://ibb.co/c4pQCT

    I also looked at my title deeds for the parking space. there is no mention of any conditions to park there, or it's use.

    Does anyone have advice for me?
    • IamEmanresu
    • By IamEmanresu 9th Jul 18, 4:03 PM
    • 3,269 Posts
    • 5,487 Thanks
    IamEmanresu
    Does anyone have advice for me?
    Produce a copy of the lease. There will be a phrase that says something like "changes the Managing Agents introduce for the good management of the estate". Search for the word "change" or similar. It is likely to be there.

    The "change" that is introduced (the parking company) has to be for "good management" which is why there is a second question about what did the MA say when the scheme was introduced.

    This is a plain and simple contract dispute where the contract has either been varied or has a variation clause in it. We just need to know what it says. Signs are meaningless unless they are given force by the MA and the lease.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • Coupon-mad
    • By Coupon-mad 11th Jul 18, 12:07 AM
    • 61,584 Posts
    • 74,468 Thanks
    Coupon-mad
    UKCPM will not cancel, so start reading UKCPM flat permit defence threads.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • unit_g83
    • By unit_g83 15th Jul 18, 12:24 PM
    • 23 Posts
    • 15 Thanks
    unit_g83
    Dear all,

    just wanted to provide an update. Surprisingly, CPM cancelled the PCN for us. My missus somehow got through to someone there and they agreed to cancel on the basis as residents we did not have a ticket prior.

    Thank you again for all your assistance and suggestions. I'll have to find a full copy of my lease for future as it's all a bit silly really - residents are not being looked after.

    Thanks and grateful as ever!

    kr

    unit_g83
    • Le_Kirk
    • By Le_Kirk 15th Jul 18, 1:30 PM
    • 3,207 Posts
    • 2,125 Thanks
    Le_Kirk
    Surprisingly, CPM cancelled the PCN for us. My missus somehow got through to someone there and they agreed to cancel on the basis as residents we did not have a ticket prior.
    Originally posted by unit_g83
    Well done! Make sure you get this in writing, as PPC's have been known to reverse verbal decisions.
    • Coupon-mad
    • By Coupon-mad 15th Jul 18, 4:30 PM
    • 61,584 Posts
    • 74,468 Thanks
    Coupon-mad
    Glad it was cancelled but you need to write to UKCPM and the MA and state that this bay is NOT to be enforced by tickets and you opt out and accept no contract whatsoever from any third party, who are not a party to the lease you have giving you exclusive rights to that bay.

    Forbid UKCPM from operating at all and tell them they are trespassing if they do, and that no permits are required for that bay under any circumstances and they must remove it from their enforcement area immediately.

    Such a letter will help you next time you or a visitor get a PCN...do it now! Keep a copy and a free certificate of posting.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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