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CPM parking charge notice
niikii
post Fri, 12 Aug 2016 - 10:25
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I'm new in this forum. I need your help please I'm tenant in private residence UK CAR-PARK ENGAGEMENT took control our residence parking nearly 9 month ago and I got 6 ticket all together.

My vehicle was issued 6 ticket one after another 1st PCN on 16th of June 2016 the day I have parked my car at Lantern Close in bay no:46 where usually I’m parking my car last four years and the reason stated on ticket is “Not displaying valid permit” and I was shocked that my parking permit was displayed on wind screen so why warden issued ticket to me? Before I find out why they issued ticket? I wrote formal appeal to them to give me a reason why they issuing ticket to me? I wrote all the appeal to them for clarify why they issuing ticket to me? Even my permit always displayed on wind screen!
Finally I received their explanation letter on 16th of July after 29 days stating that my permit is not correspond to the parking bay where I’m parking my car. I have a visitor permit which was issued by CPM and my visitor permit displayed on careen and I’m not visitor I’m tenant and I have only visitor permit they supposed to give more clear reason on ticket that “Not displaying valid residence permit “Instead of saying “Not displaying valid permit” until now I was thinking that I have valid permit and I'm parking my car in 46 bay last four years and the 46 bay owner they don't have car and they were happy to let me park my car in their bay Its took 29 days to know what happened in between they already issued 5 ticket unfairly I’m not stupid if I knew that they talking about my visitor permit is not valid for 46 bay then I could have moved my car when the 1st ticket was issued not waiting for putting ticket one after another.

After rejected my appeal by CPM I wrote appeal to Independent Appeals Service TheIAS.org and lost my appeal there as well.
Now I'm worried CPM start sending letter to pay £100 each ticket all together £600 I cannot afford.

Please advice on below point.
(1) what is the private car park company rules? CPM took control 9 month ago but they didn't check car park since they took charge of and suddenly in June start issuing ticket to me.
(2) What next as i have lost my appeal in ISA as well
(3) I read in forum that private company can not charge me full amount but they can only charge the money that they loss on private land.

I'm feeling very stressful can somebody help me please!
Sorry for my poor English may I didn't explain very well.
Thank you in advance for your help.

This post has been edited by niikii: Fri, 12 Aug 2016 - 10:27
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post Fri, 12 Aug 2016 - 10:25
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SchoolRunMum
post Sat, 13 Aug 2016 - 20:31
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Do not use PDF:

http://forums.pepipoo.com/index.php?showtopic=36858

You can convert a PDF for free.
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niikii
post Tue, 16 Aug 2016 - 15:18
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QUOTE (SchoolRunMum @ Sat, 13 Aug 2016 - 21:31) *
Do not use PDF:

http://forums.pepipoo.com/index.php?showtopic=36858

You can convert a PDF for free.


Thank you for your help.
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niikii
post Tue, 16 Aug 2016 - 16:00
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QUOTE (niikii @ Tue, 16 Aug 2016 - 16:18) *
QUOTE (SchoolRunMum @ Sat, 13 Aug 2016 - 21:31) *
Do not use PDF:

http://forums.pepipoo.com/index.php?showtopic=36858

You can convert a PDF for free.


Thank you for your help.


I tried my best to reduce the my agreement size took picture and reduce size but still all together 10 pages and size is 2.10mb and I have only 1.78mb I don't know what to do?
Believe me I have read my agreement few times but there is nothing written about parking apace.
Please help me I received 2nd formal demand to pay £100 now otherwise after 28 day have to pay £149 or they will send debt recovery people.
What worse can happen in my case?
If sign notice is forbidden then what CPM will do?
Will they take in court?

I tried my best to reduce the my agreement size took picture and reduce size but still all together 10 pages and size is 2.10mb and I have only 1.78mb space I don't know what to do?
Believe me I have read my agreement few times but there is nothing written about parking apace.
Please help me I received 2nd formal demand to pay £100 now otherwise after 28 day have to pay £149 or they will send debt recovery people.
What worse can happen in my case?
If sign notice is forbidden then what CPM will do?
Will they take in court?
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ostell
post Wed, 17 Aug 2016 - 08:41
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They cannot send debt recovery people.

On your camera/phone can you change the quality of the pictures, and hence the size of the files ? The lowest quality will normally be sufficient.

Does you lease say anything about peaceful enjoyment of the property ?

Looks like it will be writing to the parking company and tell then that your leas does not require you to display a permit in the windscreen or pay a charge for any alleged infringement and your lease pre-dates and is superior to any contract that they think they have.
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nosferatu1001
post Wed, 17 Aug 2016 - 12:53
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DONT use the attachment space here

Use something like photobucket, tinypics etc. Upload the PICTURES there, and use the "IMG" tags to have the images load directly into this thrad.
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niikii
post Fri, 19 Aug 2016 - 17:00
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QUOTE (nosferatu1001 @ Wed, 17 Aug 2016 - 13:53) *
DONT use the attachment space here

Use something like photobucket, tinypics etc. Upload the PICTURES there, and use the "IMG" tags to have the images load directly into this thrad.

Thank you for your help.
I have tried tiny pic but its doesn't allow me load more then 4 pics as i have 10 pages of my tenancy.


QUOTE (ostell @ Wed, 17 Aug 2016 - 09:41) *
They cannot send debt recovery people.

On your camera/phone can you change the quality of the pictures, and hence the size of the files ? The lowest quality will normally be sufficient.

Does you lease say anything about peaceful enjoyment of the property ?

Looks like it will be writing to the parking company and tell then that your leas does not require you to display a permit in the windscreen or pay a charge for any alleged infringement and your lease pre-dates and is superior to any contract that they think they have.


I tried to reduce size but all together 10 pages of my tenancy have 2.1 mb and I have left 1.78mb thats why cannot upload my tenancy pics here and I'm not really techno guy and i'm good on computer but I ready my tenancy agreement carefully but there is nothing about land or parking space.
CPM sent me 3rd Formal Demand letter for £100
I have asked CPM to provide me full contract which made between them
once is arrived i will post here one by one
If they take me to court what could be happen?
will I get chance to pay in installment?

Many thanks for your help and sorry for delay in reply.
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nosferatu1001
post Sat, 20 Aug 2016 - 00:49
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If you lose, and fail to pay the entire amount in one go, a ccj is likely to be registered. That knackers credit for six years

Use photo bucket then. Use SOMETHING. Others have managed to host a damn site more than 4 pictures 😄
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Lynnzer
post Sat, 20 Aug 2016 - 08:41
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Send me it over to me for reduction or hosting.
Just send it to my disposable email address s*******l.com

This post has been edited by Lynnzer: Sat, 20 Aug 2016 - 19:25


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cabbyman
post Sat, 20 Aug 2016 - 10:37
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Send it to Lynnzer. He can be trusted.


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Cabbyman 9 PPCs 0
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niikii
post Sat, 20 Aug 2016 - 17:26
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QUOTE (Lynnzer @ Sat, 20 Aug 2016 - 09:41) *
Send me it over to me for reduction or hosting.


Thank you.



This post has been edited by niikii: Sat, 20 Aug 2016 - 19:58
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Lynnzer
post Sat, 20 Aug 2016 - 19:21
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QUOTE (niikii @ Sat, 20 Aug 2016 - 18:26) *
QUOTE (Lynnzer @ Sat, 20 Aug 2016 - 09:41) *
Send me it over to me for reduction or hosting.
Just send it to my disposable email address s*******l.com


Thank you.

I have sent you an email please check.

Linked from here

Seems very simple to me though.
You have right of use of a parking bay, no mention of it even being any specifically numbered one either.
The lease is silent on parking altogether so it's absence is indicative of unfettered use.

If this ever goes to court it'll cost them. Don't get hung up on it as you are in the right.

So what do you do from here?

I'll see what others say but I'd be inclined to send them a 9iss off letter.

This post has been edited by Lynnzer: Sat, 20 Aug 2016 - 19:24


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SchoolRunMum
post Sat, 20 Aug 2016 - 19:26
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Yes, I agree, a ''sod off'' letter; but written in a more eloquent way in case a Judge looks at it one day. Maybe Gan can assist with one of his letters?
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cabbyman
post Sat, 20 Aug 2016 - 19:40
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You have the implied right to quiet enjoyment. The agreement expressly includes parking in that with it's reference to considerate parking. There is nothing in the lease that imposes any other parking obligation on you and you can happily suggest to CPM.

I can feel a Gan special coming on.


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niikii
post Sat, 20 Aug 2016 - 20:03
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Thank you all for your help and support.
I'm waiting to get agreement copy made between property management and CPM one I get I will post it here for further help.
Any suggestion please post it here.

This post has been edited by niikii: Sat, 20 Aug 2016 - 20:14
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Lynnzer
post Sat, 20 Aug 2016 - 20:16
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QUOTE (niikii @ Sat, 20 Aug 2016 - 21:03) *
Thank you all for your help and support.
I'm waiting to get agreement copy made between property management and CPM one I get I will post it here for further help.
Any suggestion please post it here.

Whatever they come up with between the management agent and CPM is totally irrelevant.
They have no legal right to impose parking conditions when the lease doesn't allow it.


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nosferatu1001
post Sun, 21 Aug 2016 - 01:59
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As above.

They don't get yo change your contract unless you agree

They're (the PPC) a stranger to your contract, which has primacy.
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niikii
post Sun, 21 Aug 2016 - 19:25
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Thank you all.
The contract between them is not important now then what should I do now?
Do I need to contact the CPM? if yes then how? I'm mean what should I write in letter?
Can anyone help me on this please?

I have question!
As my lease renewed in November 2015 and CPM took control after my agreement renewed and my be estate agent may not aware about CPM took contract for the development that does it matter??
I mean in my residence there are so many tenant and may be their estate agent is different then mine so CPM or Property management need to contact individual first ??
I remember property management didn't sent any letter to us regarding they going to give parking contract to private company.

This post has been edited by niikii: Sun, 21 Aug 2016 - 19:58
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Lynnzer
post Mon, 22 Aug 2016 - 09:02
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Name and Address
Date

Tel no.
email contact address


Sir,
ref PCN's (include all the ones you have received)

Whilst you may feel you have some authority to pursue me as the registered keeper, or presumption of me being the driver of the car in question, in fact you have no legitimate authority to do so at all.

I am a leaseholder in the housing association premises which includes the roads and parking places as part of the areas that I am allowed unfettered use of.

Unfettered meaning exactly that, ie no requirement to follow rules, conditions or other punitive terms for use of the areas which are absent from my lease.

As no parking constraints mentioned in my lease then I do have unfettered use with the right of peaceful enjoyment of the facilities within my housing association complex.

Furthermore, you indicate that I have entered into a contract with you to make payment for the use of the parking outwith your terms and conditions.

I do not make an appeal on this point, as my doing so isn't required where you have no overriding rights on the land. In fact to emphasise the point, you cannot offer me something that I already have, nor even contract with me to do something you forbid.

Simple common-sense tells you that if I already have unfettered use of something written into a contract, then you cannot hijack that and slap me with a charge to use it as well.

In the case of you presenting a bill for parking without a permit where a permit is required (albeit it would have to be an agreed part of my lease anyway) then you cannot offer me parking rights for parking without a permit when you specifically require one to be shown.

This letter is not, nor is it to be construed as an appeal of any sort.
I simply explain why your harassment is an illegitimate and potentially illegal act and tell you that I require an immediate acknowledgement of the cancellation of my PCN's. You may well be advised to take note of my car's registration number to avoid ticketing me at any time in the future.

I do not intend to continue this dialogue further and if you feel you have the legal right to take action against me then be advised it will be robustly defended. I can bring into my defence many recent cases where the judges presiding on such cases have found in favour of the defendant and even awarded a high costs settlement.

This letter is being sent by first class post with a proof of posting certificate to validate of a proper presumption of delivery.
It will be filed and brought into any defence in a court if needed.
This is my last letter as I cannot see any reason to write further and waste my time on a matter you have no authority to progress.

Yours sincerely


When you send that letter attach a printout of this case.
If they continue it shows how poorly thought through their future business plan is.

This post has been edited by Lynnzer: Mon, 22 Aug 2016 - 09:44


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niikii
post Mon, 22 Aug 2016 - 15:24
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QUOTE (Lynnzer @ Mon, 22 Aug 2016 - 10:02) *
Name and Address
Date

Tel no.
email contact address


Sir,
ref PCN's (include all the ones you have received)

Whilst you may feel you have some authority to pursue me as the registered keeper, or presumption of me being the driver of the car in question, in fact you have no legitimate authority to do so at all.

I am a leaseholder in the housing association premises which includes the roads and parking places as part of the areas that I am allowed unfettered use of.

Unfettered meaning exactly that, ie no requirement to follow rules, conditions or other punitive terms for use of the areas which are absent from my lease.

As no parking constraints mentioned in my lease then I do have unfettered use with the right of peaceful enjoyment of the facilities within my housing association complex.

Furthermore, you indicate that I have entered into a contract with you to make payment for the use of the parking outwith your terms and conditions.

I do not make an appeal on this point, as my doing so isn't required where you have no overriding rights on the land. In fact to emphasise the point, you cannot offer me something that I already have, nor even contract with me to do something you forbid.

Simple common-sense tells you that if I already have unfettered use of something written into a contract, then you cannot hijack that and slap me with a charge to use it as well.

In the case of you presenting a bill for parking without a permit where a permit is required (albeit it would have to be an agreed part of my lease anyway) then you cannot offer me parking rights for parking without a permit when you specifically require one to be shown.

This letter is not, nor is it to be construed as an appeal of any sort.
I simply explain why your harassment is an illegitimate and potentially illegal act and tell you that I require an immediate acknowledgement of the cancellation of my PCN's. You may well be advised to take note of my car's registration number to avoid ticketing me at any time in the future.

I do not intend to continue this dialogue further and if you feel you have the legal right to take action against me then be advised it will be robustly defended. I can bring into my defence many recent cases where the judges presiding on such cases have found in favour of the defendant and even awarded a high costs settlement.

This letter is being sent by first class post with a proof of posting certificate to validate of a proper presumption of delivery.
It will be filed and brought into any defense in a court if needed.
This is my last letter as I cannot see any reason to write further and waste my time on a matter you have no authority to progress.

Yours sincerely


When you send that letter attach a printout of this case.
If they continue it shows how poorly thought through their future business plan is.


Dear Lynnzer,

I have no word how to thank you! it really nice letter drafted point to point mentioned I will write this letter first thing in morning 2morrow.
Thank you so much for your help I could not even think point to point like this as I mentioned earlier that English is not my first language.
Many thanks again.

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niikii
post Tue, 30 Aug 2016 - 11:49
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Good morning,

I haven'e received any response from CPM yet!

Many thanks for help and support.
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