UK Car Parking Management - 4 Parking Notices but Valid Permit

[DXI21]

My mum has a valid parking permit for a private car park outside her home. She went into hospital for an operation and when home she was housebound for 6 weeks. During this time, the permit fell from the windscreen and because she was housebound, wasn't aware. Cut a long story short, she received 4 parking fines because of it. We appealed and that was rejected. Please note that her next door neighbour's permit fell off their windscreen and when they appealed their fine it was granted. Solicitors are now involved and threatening to take my mum to court. We have corresponded the whole time - in that correspondence pointing out a few breaches of the Code of Conduct in which they should be following. Also that £680 fine to park in her designated parking space, which did not cause a loss to CPM is wholly disproportionate. Just wondering if any advice can be given as I am responding to their email today that their Client maintains their position. We are still in the pre-action stage and would like to avoid this going to court - however, we are happy to defend her in court if there is a valid defence.

[des8]

Need some more information!

Is your mother 's parking space connected to her dwelling?
By that I mean if she rents her home is the car parking space mentioned in her lease/rental agreement?,
If so, what is the wording of that section?
Can you also post up a photo of any signage at the car park

I'm afraid car park management companies do not readily accept appeals, and generally it is not worth wasting the time and effort making them.
You say they have now instructed solicitors... Gladstones?
They too are unlikely to accept anything at this stage except capitulation, and will continue to pressurize your mother.
They are unlikely to withdraw until a robust defence to an actual court claim is filed.
At that stage they might discontinue

If you can post the info requested, together with a photo of the car park signs, we may be able to assist in producing a viable defence

[DXI21]

Thank you so much for this! I have attached a photo of the car park and circled where the signage is placed (please note this is from google maps as I am not local to my mums house at the moment - I can get a recent picture this weekend) and attached what the signage says.

She lives in a council house and nothing is mentioned in the any of the agreements associated with her rent etc.

Gladstones is the solicitors. They have now refused to correspond with us, so I reminded them of their duty to uphold the overriding objective. I also pointed out breaches of the Single Code of Conduct.

They are trying to claim £680 from my mum to park somewhere she is entitled to park... it's insanity. She was housebound due to an operation and at some point during the 6 weeks where she was resting her valid permit fell off the windscreen.

[des8]

Who are the owners of the car park?
It might well be worth approaching them and asking that they instruct CPM to cancel the charges

If the signs have changed, a recent picture might help

[DXI21]

I'm unsure who owns the car park - how do I find out this information?

They have changed the way they monitor parking now and have installed a CCTV system - this was not in place at the time. They no longer require physical permits, you have to register your number plate online. However, as you can see in the attached picture, the old signage remains (this was taken this morning by my mum).

Also worth noting that there are no yellow lines or marked out bays in this car park.

[des8]

Who issues the permit?
Does your mother pay for it?

To discover ownership use https://www.gov.uk/search-property-i...-land-registry
If you don't know the address there is a search facility by map

[DXI21]

CPM issued the permit and she got it for free.

I'll have a look and see if I can find out who owns the land and write to them. I assume until then we wait for Gladstones to issue a claim?

Thanks again for your help!

[DXI21]

By way of update, I have found out that L&Q Housing Trust own the car park. I have contacted them for further confirmation and once received, shall request that they cancel the parking notices.

[des8]

L&Q Housing Trust? are they the owners of your mother's property?

If she is entitled to a free parking ticket because she rents her property from then, surely somewhere it is in writing that she, as a tenant, is entitled to a parking space? Do some digging!

From their website I note in some cases they do allocate parking.

If CPM issue the permit presumably they have a record of your mother's registration number, and if now they use ANPR cameras to monitor the car park usage, why didn't they check the car number against their records? (don't expect you to know the answer!)

[DXI21]

L&Q Housing Trust do own my mother's property. It's a weird one because the car park has an address of X and my mother's property is along the side of the car park but has an address of Y. But because her property is technically on the same road as the car park as it is the first house on road Y, they allow her and her neighbour (house is a maisonette) permits for free to park there as if they were tenants on X road (if that makes sense).

As such, I don't think there is anything in writing in her tenancy agreement - it was more a verbal thing but I have asked my mum and her neighbour to check all documents they have.

I've double checked and it was L&Q who issued the permits - they are exactly the same as the permits on CPM website.

[des8]

So do the L&Q permits state they must be displayed?

What I am trying to arrive at is a situation where it can be shown the landowner gives permission (either explicitly or impliedly) that your mother can park at that location.
If that can be done then then it may be possible to argue that having the landowners permission means she is not subject to rules dreamt up by some third party.

There might also be an argument to be made that the permits themselves are not fit for purpose.
If they are designed to stick to the windscreen, but actually fall off........

[DXI21]

I attach below a redacted copy of the permit removing location and serial number - you can just about see that my mum has had to use sellotape to secure the permit to the window now.

Also I agree they are not fit for purpose. It was extremely cold during the time the notices were issued, which I explained may have caused the adhesive to weaken and therefore cause the permit to become unstuck - they rejected the appeal nevertheless.

[DXI21]

By way of update, my mum and neighbour are still looking for documents to see if there is anything in writing and I am still waiting for a response from L&Q. But regardless, they gave my mum permission to park in their private car park.

Once I have more, I shall let you know. Thank you again for all your help!

[des8]

Other than gathering the info, there is nothing to be done until Gladstones actually initiate the court action.
Just keep the thread up to date

[DXI21]

Hello!

I got in touch with L&Q and their response was:

"Thank you for your email about the issue with your parking permit. I am so sorry to read this happened to you and the fines were issued. I can imagine how upsetting this is for you.

I do hope you are getting better as well.

Please see the information we hold, unfortunately we don't get involved in this type of issue.

The resident will need to contact the parking contractor directly to make an appeal. This is a civil matter between the resident and the parking enforcement company L&Q will not intervene and will not cancel any parking fines.

If residents need to appeal or needs advice, please signpost to C.A.B, Ombudsman or suggest they research on the internet for advice in dealing with fines."


I can't see how they cannot get involved if they are the ones who hired CPM to monitor their land?