Author Topic: CPM - Parking without permit as a guest in a resident bay  (Read 163 times)

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Spacejam_2000AD

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CPM - Parking without permit as a guest in a resident bay
« on: July 13, 2023, 04:33:11 pm »
Hi all. I posted this on pepipoo already, and then I saw the sticky post redirecting me here.

My mum got a ticket in the mail from CPM for parking in a bay without a permit. I was the driver of the car at the time - I know now from reading here that I shouldn't have identified myself as the driver to CPM, but I didn't want my mum to worry. The bay in question is that of a family member who lives in the block of flats this car park is attached to, and I visit here often.

The bay in question is reserved for my family member who owns their flat. Perhaps I need to talk to them to see if the bay itself is included in the lease?

My family member had lost the visitor permit and applied for another, and CPM have been incredibly slow to send it (still haven't sent it, it's been months) but they did provide a code to print out and display in the car, which I did, and also which they say must be renewed by email request every 2 weeks, which we did not do, I've just been using the same code for a while now - I don't think this matters perhaps, because while for 99% of my visits I've displayed this code, I'm not sure if I can see the code there on my dashboard through the glare in the photo or not - perhaps it fell down or I forgot to put it on the dash. This is the reason for the fine according to CPM - not displaying the permit.

I had already sent an appeal (probably should have come here first) which is below, and my family member sent an email to CPM asking to remove the fine along with hurrying up and sending the new visitor permit. I don't think the email would have any effect but wanted to mention it anyway.

My appeal:
Quote
I am a frequent guest of [FAMILY MEMBER], who owns and lives at [PROPERTY]. Parking space 24 is hers that she has paid for as she tells me. [FAMILY MEMBER] has been waiting for her new/replacement guest permit from your company, and you have not provided this permit within the time period that you promised. We have been using a temporary permit provided by you for the time being, which we put on view on the dashboard of the car - please see the attached image. Please also see attached the email conversations between your company and [FAMILY MEMBER] where she confirms that you have still not sent the new permit, and asks you to cancel this fine. As far as I understand it this car parking space is for the use of the paying resident that the space is allocated to, and management of the car park is to guarantee that fee paying residents have exclusive use of their car park space as they require. By fining a guest of [FAMILY MEMBER] you are not acting in the spirit of why the car park is managed in the first place. Many thanks

Their response (rejection):
Quote
Whilst we note the comments and reason for appeal, as per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions. As the vehicle was parked without a valid permit on display, we can confirm that this PCN has been issued correctly.

Please note, a new notice will automatically be generated and sent to you, as the liability has been transferred into your name. This is for your records only and does not allow you to appeal again internally or transfer liability. You now have 14 days from the date of your new notice to make payment at the reduced fee of £60.00. If payment is not received within 14 days, the fee will increase to the full amount of £100.00

What to do? Is this worth fighting? As far as I'm concerned this is the resident's reserved spot of my family member, and she gave me permission to park in this spot. I have been parking in this spot with the printed visitor's permit for months now without issue. I'd obviously prefer not to give any money to CPM but if you think it's unlikely I'd win in court then I'll just take the £60 loss and be done with it.

Very grateful for any advice here you can give. Let me know if you need more information from me. Thanks

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DWMB2

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Re: CPM - Parking without permit as a guest in a resident bay
« Reply #1 on: July 13, 2023, 06:10:34 pm »
Perhaps I need to talk to them to see if the bay itself is included in the lease?
Definitely - the approach you take to challenging this may depend on the contents of this lease.

Spacejam_2000AD

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Re: CPM - Parking without permit as a guest in a resident bay
« Reply #2 on: July 18, 2023, 05:37:54 pm »
Thanks DWMB2

My family member got back to me, and yes, she does own the parking spot as she bought it with the apartment. So that's good news!

DWMB2

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Re: CPM - Parking without permit as a guest in a resident bay
« Reply #3 on: July 18, 2023, 05:50:33 pm »
Okay, does she own it freehold or leasehold? Given its a flat, likely leasehold. If so, what does the lease say about parking?