UK CPM & GLADSTONES SOLICITORS (NOT DISPLAYING A VALID PERMIT)

Hello all.

The registered keeper has recently received a 'Letter Before Claim' from Gladstone Solicitors for a PCN back in March 2023. The charge is for 'Not Displaying A Valid Permit'. The RK has a valid permit just simply forgot to display it whilst parked. The parking company (UK CPM) no longer monitors the resident's car park as another parking company has taken over the contract.

An email was sent in January 2024 after receiving correspondence from them to pay etc. (outside the 30 days appeal timeframe) informing them that a valid permit is in possession of the resident, the permit was forwarded to them as proof of a valid parking permit. Their response was (see attachment below).

I would like some advice on how to respond to this letter please. If anybody can assist? TIA.

[ Guests cannot view attachments ]

Does the registered keeper and resident hold a lease which describes terms for parking at the property?
If so, it’s unlikely that the terms of the lease can be over-ridden by a parking contract, and it would be good if we could see the precise terms of the lease.

As above. What does your lease say about parking? What it doesn’t say about parking is equally important. For example, does it mention anywhere that you must display a permit to use your allocated or demised parking space?

Just because some third party ex-clamper puts up some signs does not override the supremacy of your lease.

What exactly did the keeper say to whoever when they appealed or contested it? The NtK is not fully compliant with all the requirements of PoFA and so, the Keeper cannot be liable, only the driver and they have no idea who that is, unless the Keeper blabbed the drivers identity, inadvertently or otherwise.

Don’t worry about a claim issued by Gladstone. They are so utterly incompetent, they will breach CPR 16.4(1)(a) which, besides an easy defence, will get the claim struck out at allocation stage.

When you mean 'lease'. Would this 'lease' information come from UKCPM or would the paperwork that came with the parking permit have this? The RK does not have this or has misplaced it.

Neither. We're referring to the lease of the property.

You mentioned that it's a residents' car park. This suggests that parking is included with the property. If so, this should be defined in the lease for said property.