PCN from CPM in bay owned by mother in law

[CAH1107]

Hi we parked in our mother in laws parking bay but she was unable to find her permit when we arrived when we returned to our vehicle a PCN had been issued by CPM. I have the details of the resident who employed them not the freeholder or residents management company asking her to arrange for this to be cancelled as being a leaseholder herself she is aware my mother in law owns the space we parked in she is saying that she only set up the contract and cannot do this. My understanding from working with venues that use parking eye that whoever signed the contract can arrange for tickets to be cancelled shall we ignore or appeal?

[mystery1]

Re: PCN from CPM in bay owned by mother in law

First things first, check the lease.

http://parking-prankster.blogspot.co...l-parking.html

Then appeal. You will almost certainly lose the appeals but they could be useful in any court case if, as i suspect, the lease is king and the parking company have no right. Any and all evidence that they have had primacy of lease explained to them repeatedly is good for stinging them in court.

M1

[ostell]

Re: PCN from CPM in bay owned by mother in law

You may like to look at this

So time to get out the lease and see what it actually says about parking. You could be claiming against the parking company for the unauthorised use of your land and and in the neighbour into the claim as the PPC are working for the neighbour.

I would say there can be no contract between the driver and the PPC as the land is owned by the MIL and no third party can add to your MIL's lease.

[CAH1107]

Re: PCN from CPM in bay owned by mother in law

Sent appeal letter in on behalf of MIL advising a visitor collecting her got a ticket expl she is not very mobile so takes a while to get her to the car sent extracts from lease with plan of car park giving rights to park. Also requested all family vehicles details requesting that these be logged and no further tickets issued. Just received a response asking for full name of driver address PCN vehicle reg grounds of appeal only thing not in the letter provided was who was driving and confirmation of address vehicle was reg to although gave ours just received acknowledgement saying will only consider appeal from the driver with above info do I give this or not they have acknowledged my letter does this stand up in court should it get that far.

[ostell]

Re: PCN from CPM in bay owned by mother in law

You do not give the name of the driver. Just leave it for now and they should get back to you.

Did you mention in your appeal the primacy of the lease and that they do not have permission from the landholder to operate on that space?

[CAH1107]

Re: PCN from CPM in bay owned by mother in law

Sent extracts from the lease incl map giving both the right to park in her bay as well as the visitor bays on a first come first served basis. Also quoted 2 cases where the parking companies lost as the lease overrides their claim as there have been no amendments to the lease. Will just leave for now and see what happens.

[CAH1107]

Re: PCN from CPM in bay owned by mother in law

Appeal has now been unsuccessful their response "residents are often allocated parking bays when purchasing property but these are subject to the terms and conditions put in place by the landowner" then goes on to refer to mutiple signs my understanding is the contract has been signed with them by another leaseholder and nothing to do with the landowner I did ask them in my initial appeal who their client is but they have not disclosed a name so I go back to them as well as appealing through the IAS asking them for confirmation of their client the landowner is probably unaware that there is a private company operating