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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12641
Experience:  I have been practising for 30 years.
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I live in a flat in Maidstone with allocated parking. CPM

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Hi, i live in a flat in Maidstone with allocated parking. CPM manage the parking and have issued a visitor of mine a parking charge notice. There are signs up from CPM however she was parked behind my car in the right of access to my space. She wasnt blocking anyone else in and no one else uses that right of access to the space. I bought the flat on the understanding that there was space for parking two cars. Ever since Pembroke, our property management company took over, parking has become an issue. They instructed CPM to manage the parking and issued me with a permit for my car but none for a visitor. My friend is getting sent final demand letters and now i am not sure what to tell her to do. Help!
Assistant: Do you need to appear in court?
Customer: No
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No thats it

Good afternoon. I will assist with your question but need more info - also be aware this is an email not chat service and therefore maybe delayed in replying.

were there visitors permits before this new parking co took over?

Customer: replied 2 months ago.
No it was a free for all. There was 1 visitors space for over 100 properties which was permanently occupied by residents that didnt have allocated parking spaces.

Thank you. If you feel like you are banging your head against the brickwall, then you are. You are dealing with an idiot that these companies who will just not and say that you are the money regardless. They are in the money of collecting money and that how they got paid.

Incidentally, if everybody didn’t pay these charges, and pursued these to court, these companies would be out of business in three months.

It doesn’t matter whether she’s blocking anyone else in or not.

What is relevant is whether she had the necessary permission (permit or not) to park in that area.

The management company may may not have the authority to employ the parking people and that would depend on the terms of the lease although many leases do allow the management company to impose certain rules in pursuance of good management of the outside area.

That may or may not include your parking space and even you may or may not have to put a permit in the car windscreen.

There is only one way of dealing with this and that is to reply to the final demand letters saying that there is no intention of paying this and that they should immediately issue court proceedings which your friend will defend on the basis that there is no authority by the parking company to impose a charge on a parking area which is owned by you and in which she was parked on and not anywhere else.

If they have any sense, they will not pursue it to court anyway because even if they succeed, the cost of pursuing it to court is going to be more than they are asking for.

That’s because as I said earlier, if everyone defended these tickets (even if the tickets were legitimate) these companies could simply not afford to take them all to court. They would lose their income overnight because it could easily be six months before they got to court. Unfortunately, people tend to be like sheep and some simply can’t be bothered so they just pay up.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


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