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CPM fine for parking a 'commercial vehicle' outside my house
Comments
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So the OPs vehicle can hardly be described as a commercial vehicle. The PPC may have therefore obtained the details from the DVLA without due cause, an offence under the DPA.
Worth a complaint imo, kerching!You never know how far you can go until you go too far.0 -
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The UK Government DfT Vehicle Certification Agency does not define any type of vehicle as "commercial", even if it is designed specifically for the carriage of goods instead of passengers.
The Cambridge online dictionary defines a commercial veihicle as one being used by a business.
https://dictionary.cambridge.org/dictionary/english/commercial-vehicle
And the Collins dictionary defines it thus
https://www.collinsdictionary.com/dictionary/english/commercial-vehicle
We can probably play definition ping pong for ages!
:D
Practically, from a director's point of view, our covenant is aimed at large vans. As ever with these covenants they are designed to keep the estate "clean" for the developer to sell properties. I do know that a number of our residents have complained about large vans on the estate.
Still don't know, though, if there is such a covenant in the OP's lease.0 -
Thanks again for the replies.
I own the house
The PPC have not made contact with the DVLA...they just saw an (unmarked, new, normal sized) Ford Trasit and assumed that it is a commercial vehicle, and placed a ticket on the windscreen
My appeal to CPM stated:I dispute this penalty as I would not consider the vehicle in question to be a commercial vehicle - it has no sign writing and is not used for commercial purposes or business. If you check the registration, and the documentation I have attached, you will see that it is a generic rented vehicle that I used to move a large 4-seater sofa from London to my house. I then had to leave the vehicle securely parked overnight before returning it to the rental company in London the next morning, so clearly had no option but to park it there.
And, I've just looked at the covenant; it states:Rights granted for the benefit of the property....
[...]
the right subject always to estate regulations to use the allocated parking space for the purpose of parking private motor vehicles not exceeding three tonnes gross laden weight.....etc....
Finally, I noticed that the 'commercial vehicles' line on the parking sign is a stuck on addition to the original sign
What worries me right now is that I got no email confirmation that the appeal has been received, so my guess is that they'll deny all knowledge and just assume I am defaulting after 28 days0 -
What worries me right now is that I got no email confirmation that the appeal has been received, so my guess is that they'll deny all knowledge and just assume I am defaulting after 28 days
They're not going to accept your appeal whatever you've written in it. I'm afraid the system doesn't work like that. With an IPC Operator it's ride out the storm and see if they issue court proceedings (they have 6 years in which to do so), which you will need to fully defend. There's no quick answer, I'm sorry.
Complain to your MP as it's a very opportune time with the passage of the Sir Greg Knight Bill through its Parliamentary stages.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 Street0 -
As you will have noticed, from reading other threeads, almost no PPC EVER accepts a first appeal.
Just keep your own confirmation you have sent it, and see what they come back with
assuming you lease a specific space and this space is listed in your lease, then get onto the management company and tell them to FRO with this private company trespassing on YOUR SPACE
You withdraw their implied right of access
You will see issuing of ANY further notices as prima facie evidence of trespass (to land and goods) and will instruct an injunciton against them, plus damages for breahc of lease and trespass. This wll be against them, and their agent who they remain fully liable for the actions of
Your management co cnat sell your space to another company
they cant tell you to use permits, as it isnt in your lease (check for "regulations" but you will find that they can only be introduced for the beenfit of... and this i sclearly not a benefit)
they cant remove your rights to use your space and tlel you you must contract with a nother company in order to park
they cant force you to pay anything other than the charges listed in the lease, and this charge certainly isnt that
Get onthe offensicve. This company DOES SUE PEOPLE so you MUST puyt them on the back foot by getting the management company to panic.0 -
And, I've just looked at the covenant; it states:Rights granted for the benefit of the property....
[...]
the right subject always to estate regulations to use the allocated parking space for the purpose of parking private motor vehicles not exceeding three tonnes gross laden weight.....etc....
Just a FYI, some Transits are under 3 tonnes gross and some are not. Mine is 3300kg, for example.Proud member of the wokerati, though I don't eat tofu.Home is where my books are.Solar PV 5.2kWp system, SE facing, >1% shading, installed March 2019.Mortgage free July 20230 -
Do the residents own the freehold of your estate?
If so, there will likely be a Management Company with resident directors. If they are in the contract with the PPC they may be able to cancel the ticket. Think the covenants muddy the water a bit here. Having said that they are designed to stop long term misuse not situations like yours which do happen.
If you approached me as a director with that story I'd cancel (if I had the authority) the ticket.0 -
thanks Neil, that's worth a try0
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update....
I called the Site Management Company, and spoke to a very nice lady there who could appreciate that I had no choice but to park there overnight (the van was rented from close to a relative's house, from where I got the sofa, on a 24 hour rental. The journey was 2-3 hours each way and I had to return the vehicle the next working day. She asked me to send all the details to her and said she'd phone CPM direct to ask them to be lenient .
Hopefully, this will resolve.... if not, I'll cross that bridge when I come to it...0
This discussion has been closed.
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