UKCPM - 2x PCN - My own alloted car park bay (partially visable permit)

[johnjohnjohn]

Hi There,

 

Absolutely fuming.  Received two PCN from CPM for my car (as the registered keeper).   Have been living at the property for over 2 years (renting) and the car was parked in our allotted bay with our permit in the underground car park.  The only issue was the permit had slid down the dashboard so was only half visible.   If you lean over from the side you would have been able to see the bay number on the permit as it is written directly underneath the word "Edition".

 

Would you be able to advise on the best way to progress? 

 

1 Date of the infringement

11/03/2020 & 15/03/2020

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

13/03/2020 & 18/03/2020

 

3 Date received

Not entirely sure as (between Friday 13th & Friday 20th)
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Y
 

5 Is there any photographic evidence of the event?

Y

About 8 each - You can view these online on their website - both incidents have very similar photos - In my attachment show 3 examples
 

6 Have you appealed? [Y/N?] post up your appeal]

N
 

Have you had a response? [Y/N?] post it up

N

 

7 Who is the parking company?

UK CPM
 

 

8. Where exactly [carpark name and town]

Private Residential underground car park in London (my own space - although I rent)
 

For either option, does it say which appeals body they operate under.

IAS

 

In my attachment is the two PCN, the sign from the underground car park & some example photos they have taken for their PCN

 

Appreciate any help.

 

Cheers.

 

CPM PCN.pdf

[FTMDave]

You've come to the right place.

 

Don't worry, you won't be paying these charlatans a penny.

 

You have supremacy of contract and the permit thing is just laughable.  Were they to take you to court, the judge (& you) would give them a good kicking. 

 

Well done on not appealing - don't.  The fleecers obviously wouldn't accept it, and you could give up legal protection under the POFA 2012.

 

Wait for the experts to come on in the morning.  Thanks for already filling in the forum sticky.

[lookinforinfo]

Welcome to the Forum. I wonder if you could clear a few things up please in your downloads.

 

1] the photograph of your car appears to show the permit quite clearly. Is that their photograph or yours.

2] the last download appears to look like a windscreen ticket-was it? If not what is it.

3] on both PCNs you have cut off the top portion of both tickets which can contain informationthat helps your case further. Could you please therefore post up that missing top portion. 

[johnjohnjohn]

22 minutes ago, lookinforinfo said:

Welcome to the Forum. I wonder if you could clear a few things up please in your downloads.

 

1] the photograph of your car appears to show the permit quite clearly. Is that their photograph or yours.

2] the last download appears to look like a windscreen ticket-was it? If not what is it.

3] on both PCNs you have cut off the top portion of both tickets which can contain informationthat helps your case further. Could you please therefore post up that missing top portion. 

 

Thanks both for your replies.

 

1) All the photos attached are theirs, you can see the permit clearly but it has slid down the dashboard so part of the information is hidden when looking at it from front on angle.

2) The last photo which is also their photo is a close up of my permit behind the windscreen.

3) The top portion contains the PCN reference number, my name & address, vehicle registration number, Issue date which is 13/03/2020 & 18/03/2020 and incident date which is 11/03/2020 & 15/03/2020 respectively

 

Wouldn't be as bothered if I had parked somewhere illegally - but it's my own spot and s/he could have at least tried to look for the bay number on the permit

 

I've attached a couple more of their photos from the second PCN

CPM PCN Letter 2 pictures.pdf

[brassnecked]

What does your Rental Agreement say about parking, and does it give permission for a PPC to hound you in your allotted space?

[johnjohnjohn]

1 hour ago, brassnecked said:

What does your Rental Agreement say about parking, and does it give permission for a PPC to hound you in your allotted space?

 

Hmm, nothing in my tenancy agreement that I can see about parking, but I'm not sure what is in my Landlords lease agreement.   I'm sure CPM have a contract with the property management company to manage the parking though

[brassnecked]

Might be worth asking the Landlord whether it gives an absolute right if so it can be derogated to a Tenant, there is caselaw on that as it can be extended to visitors if someone has Supremacy of Contract.  Others will no doubt be along with some more helpful advice.