IAS Appeal Under Review

[msa96]

Hi all,

Just joined here today, first ever post and completely new to the legal world. Highlighting this at the start in case I say something silly or daft (of course unintentionally).

I received two private parking tickets on 13 and 15 Nov 2021 by CPM due to failing to display resident permit. No ANPR in place. The letters say it was captured by their patrol agents (note I’ve never seen one, I think they have hidden cameras somewhere, the photos are always taken in the exact same angles). Both tickets arrived to me within 14 days. This is my third ticket, first one was when I moved in and not knowing a permit was required but thankfully estate manager stepped in and ask CPM to cancel which they did (CPM initially refused my request).

For reference, I live in a residential apartment which has allocated parking spots for each resident. There are signs indicating to display permit or face PCN of £100. The car park is not owned by CPM, they simply have a contract with the owner which they failed to provide to me upon request citing confidentiality’.

Initially I appealed to CPM but appeal was rejected with basic explanation that there was signage on display permit which I forgot to have on my dashboard on those two occasions.

Then appealed to IAS which is still under review. CPM replied with the same reasons (note they replied after the 5 day period stated by IAS), I replied stating the same facts and evidence that I am a resident and was not using anyone else’s space. Now waiting for them to reply or send to adjudicator, note they missed ISA 5 day response period again +1 day as of this post).

Here are concerns I have now:

1. They have increased the charges for each ticket to £140 each instead of the £100. But on the email response letter to my appeal they said I had 28 days to pay within 28 days or it may increase, it’s not been 28 days yet (at least the date when I checked their website). They sent the appeal response letter via email on 15 Dec.

I sent them an email today asking them to correct the amount, did not mention anything on paying as IAS appeal still under review.

I have also today asked the property estate via email to see if they can speak with CPM and cancel which I highly doubt (but do wish I had sent this much sooner).

1. As per my online research, it appears that CPM cannot increase ticket amount above original amount of £100 while it is being reviewed by IAS. Is this correct?
2. If IAS decline to cancel both tickets, what next? Note, I did admit that I was the driver (now I know this is a mistake I’ve made here, having read numerous threads smh)

I want to understand what steps can CPM take next, I.e increase the amount further (how high can they legally go on the amount), debt collectors, court, etc.

Say I decide not to pay, and debt collectors turn up, i refuse and they summon me to court. How much can they legally ask for in court (trying to understand the risk, if it’s worth it or not)?

Do I have any valid points to challenge this in court? My reasons are as follows:

• on Rightmove the landlord agent ad states allocated parking (no mention of permit requirement)
• Emails from landlord agent confirming use of allocated bay I.e 9
• Lease agreement to confirm I am a resident of one of the apartment with allocated parking (I must highlight contract does not mention anything on parking)
• I only parked on my allocated spot and so did not impact any other resident
• CPM did not incur any costs as a result of me using my allocated parking spot with/without displaying the permit

I would appreciate your support on this and let me know if you need any further details.

P.S sorry I’m advance for the lengthy story just wanted to make sure details were provided so you can understand better.


Many thanks

[ostell]

So your lease permits you to park in an allocated spot. It does not require you to pay a third party if you don't display their permit. You already have the right to park and have no need of an alleged contract to park with another compnay.

Can you get the landlord to confirm that he has the right to park in tht space.

What do the signs say?

[msa96]

On the lease there is no mention of the allocated car parking spot. However, the landlord's agent advertised the apartment with the allocation of 1x parking spot and there were no mentions on the ad of a permit requirement. They also confirmed the allocated bay number via email, again no mentions of a permit requirement.

The signs in the car park state that a vehicle must have a valid permit displayed at all times (see image attached)

[msa96]

Tenancy agreement and email confirmation.

[ostell]

As said get on to the landlord and find out if that space is owned by the landlord and allocated to the flat. If it is then CPM are operating on land they have no authority to authority to do so.

[msa96]

Thanks Ostell, I have emailed the agent for landlord's direct contact details to confirm the ownership of the parking space that is allocated to the apartment.