Advice on CPS midlands ticket

Billy_the_fish · 23 September 2016 at 11:31PM

Hi folks,

A little experience in arguing the toss with council's in the past due to nature of my work and use of loading bays.

Recently a friend was given a ticket by CPS midlands and was wondering what the best course of action is.

Circumstances..

Ticket given at 7.30pm a few about a week ago so a little dark and signage not lit. Nor does it bring attention to itself.

Other advice ive been given is that the amount is buried amongst dense terms and also that there is no advertising consent from local authority an avenue to possibly explore.

Driver recently passed test, so quite inexperienced.

Heres photos of the sign in the daytime..

I understand they are a member of the much loved IPC

Should i advise the owner to contact with the template (admitting owner details but requesting the 8 points detailed?) in the hope of no NTK around day 18?

Should i advise driver to appeal as per Consent for advertising from local authority and lack of attention drawn to signage/Amount is buried within dense terms and signage unlit?

Or is there other advice i should heed as seems like a recent post in Aug 16 regarding CPS told the OP, little they could do as there a member of IPC but doesnt look like OP came back with any further info.

Any info/advice gratefully recieved.

Coupon-mad · 24 September 2016 at 12:51AM

Should i advise the owner to contact with the template (admitting owner details but requesting the 8 points detailed?) in the hope of no NTK around day 18?

Yes I'd say this is better than talking about advertising consent.

Was the PCN for being on hatched lines? She looks like she's in a bay or is she not?

Billy_the_fish · 24 September 2016 at 7:07PM

Hi Coupon,

Thanks for replying.

The driver of the vehicle parked where the red car is but within the bay, not in the hatched area. The driver didnt take photos at the time of returning to vehicle.

Ticket was for 'Parked without displaying valid Ticket/Permit'
Vehicle was monitored for 5mins exactly according to the ticket.

Ill advise owner to send the letter template requesting the 8 points layed out.

Is the template sufficient, or will the owner need to add anything?

Any time scales that need to be adhered to?

Anything the owner or driver needs to be aware of?

Any knowledge on current success rates against CPS now they with IPC?

Any info/advice/guidance would be hugely appreciated.

EDIT: Just trying to understand whether driver appeals at a certain time OR to wait for NTK then respond with the owner details template.

Fruitcake · 24 September 2016 at 7:17PM

Charging 5% fee for ‘all’ card payments including debit cards is banned under statute, in the Consumer Rights (Payment Surcharges) Regulations 2012 explained here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452405/BIS-15-343-BIS-payment-surcharges-guidance.pdf

5% = 5 quid. Definitely a no-no.

The_Deep · 24 September 2016 at 7:22PM

Report the illegal debit/credit card charge in writing to you local Trading Standards Department.

Billy_the_fish · 24 September 2016 at 7:28PM

Super quick reply guys

Thanks fruitcake for spotting that. Valuable information indeed.

And The Deep, thanks for advice. Will follow up with a letter from the driver to Trading Standards.

How should the driver/owner communicate back to CPS from previous post?

Thanks for the info and advice, much appreciated.

Coupon-mad · 24 September 2016 at 7:35PM

Any knowledge on current success rates against CPS now they with IPC?

There is almost no success at IAS stage so most here do not recommend it. Success rate would be 99% lost IMHO so tell the keeper appellant NOT to expect the challenge to actually 'work'. It is not meant to, it's just to just be one contact, rather than ignoring, in order to 'look reasonable' in the event of a future county court claim.

So no need to bust a gut over the 'appeal'. Just make sure the driver is NOT implied and that the appeal is received within the timeline stated on the PCN. then sit tight and ignore anything except a solicitor's letter or court papers over the years.

Fruitcake · 24 September 2016 at 7:40PM

Get your friend to send the IPC template to VCS. Copy and paste without editing. Complain to Trading Standards as advised by TD, and attach a copy of the complaint to the template so that VCS know you are on to them.

Local and national press may be interested in the activities of this parking company, especially lack of advertising consent and illegal extra charges.

The BPA don't allow the use of premium rate 'phone numbers. It will be worth looking at the IPC equivalent to see if there is any mileage there. I think there may also be some consumer reg's that prohibit the use of 08XX numbers as well, so that needs researching.

Fruitcake · 24 September 2016 at 7:44PM

Found it!

I believe the 084X number breaches Regulation 41 of the Consumer Contracts Regulations 2013. These regulations came from BIS, not Ofcom, and took effect on 13 June 2014. This can be reported to Trading Standards (via the Citizen's Advice national Consumer Helpline on 0345 404 0506).

The omission of call costs from the sign breaches Ofcom regulations that took effect 1 July 2015. This can be reported to ASA via their webform

Billy_the_fish · 24 September 2016 at 8:21PM

Crikey Fruitcake, your on the ball tonight.

Again, well spotted and thanks for explaining it.

So best to call TS and report debit/credit card surcharge & also that no call charges are present with an 084X number.

Also worth reporting the possibility of no consent from local authority for advertising?

......

Coupon-Mad...

Are you saying theres little chance of beating this charge?

Or are you implying that appealing will be rejected (which im aware of) and same at IPC so to wait for the legal papers to be drawn and sent and then let the legal aspects take care of themselves in a sense and as such beating the charge that way? (If it ever gets that far)

Billy_the_fish · 24 September 2016 at 8:26PM

Fruitcake, just for info.

I Believe CPS are no longer a member of BPA and as of April 2016 are now an IPC member.

So dont think BPA would apply here unless someone knows otherwise.

Advice on CPS midlands ticket

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free