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  • FIRST POST
    Marina Baker
    Parking Ticket from CMS UK Ltd
    • #1
    • 19th Mar 10, 12:23 PM
    Parking Ticket from CMS UK Ltd 19th Mar 10 at 12:23 PM
    I received a parking ticket for £80 whilst parking at Robin Park Retail Park last Friday for 55 minutes. Ticket says "For parking outside trading times". It was my first visit to Robin Park and the shops were closing on my arrival but I was unaware of these parking regulations and took my son for a Burger King meal. There is a sign saying no parking outside retail hours but I never saw it. I have appealed but CMS say I still need to pay the fine. If I pay within 14 days I only need to pay £50! A solicitor friend says to ignore the fine and any forthcoming correspondence from CMS. However, Trading Standards have told me to pay it. Can anyone advise. What is the worst possible scenario if I don't pay this fine please?
    Last edited by Marina Baker; 19-03-2010 at 12:24 PM. Reason: Missed a necessary word
Page 1
    • trisontana
    • By trisontana 19th Mar 10, 12:29 PM
    • 8,738 Posts
    • 13,119 Thanks
    trisontana
    • #2
    • 19th Mar 10, 12:29 PM
    • #2
    • 19th Mar 10, 12:29 PM
    Your solicitor friend is correct (apart from calling it a "fine), just ignore. As for Trading Standards , on this matter they haven't got a clue. From now on do not contact the company again and ignore any correspondence from them. The worst thing that will happen to you will be that your recycling bin will fill up faster than usual from all the stupid letters you might receive from the parking company.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
    • fb1969
    • By fb1969 19th Mar 10, 12:32 PM
    • 470 Posts
    • 667 Thanks
    fb1969
    • #3
    • 19th Mar 10, 12:32 PM
    • #3
    • 19th Mar 10, 12:32 PM
    This thread should answer your questions http://forums.moneysavingexpert.com/showthread.html?t=1690419

    Your solicitor friend knows what they are talking about, and is correct. Sadly Trading Standards, with the exception of Lancashire www.tradingstandards.gov.uk/cgi-bin/lancashire/con1item.cgi?file=ADV0004.txt, don't know what they are talking about.
    Last edited by fb1969; 19-03-2010 at 12:35 PM. Reason: Beaten to it by slow typing!
    • trisontana
    • By trisontana 19th Mar 10, 12:45 PM
    • 8,738 Posts
    • 13,119 Thanks
    trisontana
    • #4
    • 19th Mar 10, 12:45 PM
    • #4
    • 19th Mar 10, 12:45 PM
    I have just looked at this company's web site . They certainly like the word "solutions", the whole website is peppered with that overused word.

    On the "appeals" page they have this:-

    Lodging an appeal is not a delay of payment. If the initial fine is not paid within 14 days the fee will rise.


    Of course it's not a fine, and they are breaking the law by calling it so.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
    • RobertoMoir
    • By RobertoMoir 19th Mar 10, 1:27 PM
    • 3,349 Posts
    • 4,080 Thanks
    RobertoMoir
    • #5
    • 19th Mar 10, 1:27 PM
    • #5
    • 19th Mar 10, 1:27 PM
    When it comes to parking issues like this, trading standards don't know their backside from their elbow. You may as well take advice from a drunken tramp as them.

    Your solicitor friend is quite correct.
    Former Bailiff.
    I'm here to help but I reserve the right to be blunt and to the point rather than sugar-coat my replies.


    The problem with consolidation loans is the absurd idea that "more credit" is the answer to too much credit.
    • DaveF327
    • By DaveF327 19th Mar 10, 4:52 PM
    • 1,135 Posts
    • 1,016 Thanks
    DaveF327
    • #6
    • 19th Mar 10, 4:52 PM
    • #6
    • 19th Mar 10, 4:52 PM
    Hang on.. if you took your son for a Burger King meal, then wouldn't Burger King be open and trading? If so, then you have indeed parked during Burker King's "trading times" so shouldn't be in any breach of contract. I'd check the signage again to clarify exactly whose trading times they refer to, but like others have said, don't pay. The clarification above just gives you that extra ammunition in the unlikely event they take it further.
  • Coblcris
    • #7
    • 19th Mar 10, 5:17 PM
    • #7
    • 19th Mar 10, 5:17 PM
    As the outlet was open and the poster bought goods there it was de facto within trading hours.
    • trisontana
    • By trisontana 19th Mar 10, 5:22 PM
    • 8,738 Posts
    • 13,119 Thanks
    trisontana
    • #8
    • 19th Mar 10, 5:22 PM
    • #8
    • 19th Mar 10, 5:22 PM
    Earlier today I emailed CMS asking them to tell me which particular statute law is being broken (hence their use of the word "fine") when somebody parks on private land.

    Although I received this by return :- "We have received your email and will deal with it promptly", as yet they haven't replied. I wonder why?
    Last edited by trisontana; 19-03-2010 at 5:29 PM.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
    • peter_the_piper
    • By peter_the_piper 19th Mar 10, 5:37 PM
    • 22,141 Posts
    • 26,387 Thanks
    peter_the_piper
    • #9
    • 19th Mar 10, 5:37 PM
    • #9
    • 19th Mar 10, 5:37 PM
    I've ask a couple of ppc's this question and have yet to receive a reply. Maybe they are still looking for it?
    Millies gone back to Thailand, Roll on Summer.
  • bromsgrovebarry
    Earlier today I emailed CMS asking them to tell me which particular statute law is being broken (hence their use of the word "fine") when somebody parks on private land.

    Although I received this by return :- "We have received your email and will deal with it promptly", as yet they haven't replied. I wonder why?
    Originally posted by trisontana
    I would give them 48 hours to reply and if they fail to do so, give them a fine of £200 with an early settlement discount. Threaten them with bailiffs and CCJs for non payment.
    Still waiting for Parking Eye to send the court summons! Make my day!
  • robredz
    Report them to trading standards and the police for impersonating a statutory authority. No seriously they are committing criminal offences by trying to pass off a dubiously contractual relationship as a fine, as no private company or individual can "fine" another, merely send an invoice.
  • bromsgrovebarry
    Trading Standards are inept when it comes to dealing with PPC scum. They even advise the victims of these scammers to pay their 'fines' and appeal later. CAB are no better.
    Still waiting for Parking Eye to send the court summons! Make my day!
    • Coupon-mad
    • By Coupon-mad 19th Mar 10, 11:07 PM
    • 32,926 Posts
    • 43,192 Thanks
    Coupon-mad
    This is an old old old thread.

    If you are reading this after 2013 you are utterly wasting your time.



    Please go to the current forum and learn about the current advice - see my signature which tells you where to click to find CURRENT advice!
    Last edited by Coupon-mad; 02-03-2014 at 11:29 PM.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

    • Sir Roger deLodger
    • By Sir Roger deLodger 19th Mar 10, 11:07 PM
    • 964 Posts
    • 1,795 Thanks
    Sir Roger deLodger
    Report them to trading standards and the police for impersonating a statutory authority. No seriously they are committing criminal offences by trying to pass off a dubiously contractual relationship as a fine, as no private company or individual can "fine" another, merely send an invoice.
    Originally posted by robredz
    We know. Unfortunately Trading Standards don't, and the Old Bill think its "a civil matter Sir".
  • branstylad
    CMS parking notice
    Hi,
    I took my kids to Ribin Park Wigan on Saturday 20th March to go to the Empire Cinema. Couldn't get parked outside the cinema so parked on the retail park. On returning to my car after the film there was a parking notice from CMSUKltd under my wipers. It states "Parking attendant 51 Who had reasonablr cause to believe that the following parking contravention had occurred. Code 04 Exceeded Maximum Stay Limit.
    You are therefore required to pay a penalty charge of £80 etc etc etc....

    I have filled in there online appeal form against the charge (which from investigation appears to be only enforced on match days). As I have been using one of the facillities on Robin Park I believe I have no worries about the charge being cancelled?

    However reading through various forums it seems that CMS reject all appeals.

    What should I do if this is the outcome?

    Ignore them, correspond or pay?

    Thanks in advance.

    Thought I might spend some time filling in online correspondence to them just to keep them busy

    Maybe a good case for Dom To look into on one of his BBC programs?
    • bargepole
    • By bargepole 22nd Mar 10, 10:44 AM
    • 1,742 Posts
    • 4,594 Thanks
    bargepole
    Ignore them,
    Originally posted by branstylad
    Absolutely ignore everything
    correspond
    Originally posted by branstylad
    Complete waste of time
    or pay?
    Originally posted by branstylad
    Never pay these scam artists a penny

    Maybe a good case for Dom To look into on one of his BBC programs?
    Originally posted by branstylad
    "Dom's on the case" has already done a piece on this, which was complete and utterly misleading rubbish, and the subject of many complaints to the BBC by members here. Most so-called journalists just don't seem to get it that PPC "fines" are unenforceable.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 8. Lost 3. Adjourned 1.
    • Coupon-mad
    • By Coupon-mad 22nd Mar 10, 11:34 AM
    • 32,926 Posts
    • 43,192 Thanks
    Coupon-mad
    This is an old old old thread.

    If you are reading this after 2013 you are utterly wasting your time.



    Please go to the current forum and learn about the current advice - see my signature which tells you where to click to find CURRENT advice!
    Last edited by Coupon-mad; 02-03-2014 at 11:29 PM.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

  • branstylad
    Thanks for the prompt feedback.
    I will take your advice and ignore them, however I will post the response to my appeal when it arrives on the forum.
    I think we know what it will be.
  • Marina Baker
    Hi Branstylad en all
    I am so thankful to all for this forum - it has really put my mind at ease - my threatograms should start soon for filing in my recycling bin.
    Thanks again to all who have contributed.
    Marina Baker
  • branstylad
    This is the response I have received from my appeal:-

    "We are writing in correspondence to your letter with regards to a parking
    charge notice that was issued against your vehicle at 16:23.

    We have checked our records which show that you had parked in a Maximum Stay
    Area, and exceeded the allowed time limit.

    There are Warning Signs all around the car park warning you of the rules of
    the area that you are parking in, and that by not adhering to these rules
    you may result in your vehicle being issued with a Penalty Charge Notice.
    Unfortunately the reason you had a ticket issued against you was because you
    had not parked in accordance to the rules of that area.

    Whilst we understand and sympathise with you as to why you parked where you
    did we are satisfied that your ticket was issued correctly.

    May we take this opportunity to remind you that you have 14 days from the
    day the Parking Charge Notice was issued to pay at the reduced rate of £50,
    after which payment increases to £80."

    Just getting the recycling bin ready
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