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Ross Miller
Ross Miller,
Category: Traffic Law
Satisfied Customers: 809
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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As a tenant I moved into a flat with a dedicated parking

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As a tenant I moved into a flat with a dedicated parking slot. A few weeks later a notice went up saying CPM controlls the parking slots and a permit should be displayed.I called CPM for a permit and they said not to worry, the signs have just gone up and the permits will be posted. After 3 weeks I received a parking fine. After many phone calls to CPM and my landlord I was tols by my landlord that the problem was solved as she had talked to her management agency who had posted the permit but it had been returned. I appealed the 1st fine which was rejected then called CPM again as I still had not received a permit and I was worried about getting another fine. Then a week later at 2.30 in the morning I received another fine. At about 11am the same morning I received my permit. Now CPM will not accept my new appeal and it has gone to the 2nd stage with the Independent Appeal Service. CPM said I should have found alternative parking but there is none and my motorcycle is parked in my slot too and my car blocks it in to prevent it being stolen. Also there is CCTV cameras monitoring our parking slots and it is stated as a security measure on my vehicles insurances along with parked off the highway.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Telford, Shropshire.
JA: Do you need to appear in court?
Customer: Not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello my name is Ross and I can help with this matter.

Customer: replied 6 days ago.
Yes please.
Customer: replied 6 days ago.
No calls please.
Customer: replied 6 days ago.
what is your opinion of my case please ?

Personally, I would not pay the fines. If they attempt to pursue you for payment then you can ask them to provide you with a copy of the telephone conversations you had where you were told that you did not have to pay. Ultimately, this is a contractual issue. You have acted reasonably by contacting CPM in relation to the permits. They told you that you did not need one as they will be sent out therefore you have acted accordingly with the advice the have given you so you cannot be found liable for the fines. It is possible that thy will try and pursue you for the fines however, as I stated I would demand to have a recording of the phone conversations so that you can prove your case. As they have now sent you a permit then it was also reasonable for you to assume that you could use the space in the interim period. In the unlikely circumstance that they take you to court for the fees then your case would be that 1. you were told that you didn't need to worry as your permit had been issued and 2. They were always intending to issue with a permit which they have now therefore it would be unreasonable for them to attempt to enforce payment of a fine which you are not liable for. And finally, they failed to issue your permit in reasonable fine causing you to incur the fine and therefore you should not be liable for any such fines.

I hope this information has helped.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Ross Miller and 2 other Traffic Law Specialists are ready to help you
Customer: replied 6 days ago.
Thank you Ross. When I called them after receiving the first fine, one lady did tell me to move my car but I told her there is nowhere to put it and it is my allocated parking slot with my motorcycle parked there also.
Customer: replied 6 days ago.
Also they had issued a permit before we moved in and that was returned to management agency.
Customer: replied 6 days ago.
Thank you for your time and I will click the 5 stars ! Best regards, Martin.

Again, given that the permit was issued prior to you receiving the first fine I would say you should stand your ground on the matter. They Can't fine you when they are aware that a permit has been issued, if they say it wasn't displayed then this is because it was returned. Your hands were tied.