Parking Ticket from CMS UK Ltd

[Marina Baker]

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?

[trisontana]

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.

[fb1969]

This thread should answer your questions http://forums.moneysavingexpert.com/...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.

[trisontana]

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.

[RobertoMoir]

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.

[DaveF327]

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]

As the outlet was open and the poster bought goods there it was de facto within trading hours.

[trisontana]

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?

[peter_the_piper]

I've ask a couple of ppc's this question and have yet to receive a reply. Maybe they are still looking for it?

[bromsgrovebarry]

Originally Posted by trisontana

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?

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.

[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.

[Coupon-mad]

Originally Posted by 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.

Agreed completely.

I would suggest that in these cases where Trading Standards are clearly giving out WRONG advice which will cost consumers money, those given the wrong advice should contact Trading Standards again asap to specifically complain about the advice. Ask to speak to a Manager and go up the line until you get someone who finally understands that the advice about private parking tickets is complete rot and they need to amend it.

Marina, maybe your solicitor friend could make that complaint call with you - that could be fun!

Trading Standards won't change their advice if no-one complains about that advice. Same goes for any CAB spouting this rubbish about paying and/or appealing (both are wrong).

[Sir Roger deLodger]

Originally Posted by 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.

We know. Unfortunately Trading Standards don't, and the Old Bill think its "a civil matter Sir".

[branstylad]

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]

Originally Posted by branstylad

Ignore them,

Absolutely ignore everything

Originally Posted by branstylad

correspond

Complete waste of time

Originally Posted by branstylad

or pay?

Never pay these scam artists a penny

Originally Posted by branstylad

Maybe a good case for Dom To look into on one of his BBC programs?

"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.

[Coupon-mad]

You must ignore the whole scam,this is not a real/valid fine.

Don't fall for CMS's attempt to extort money from you! There was no need to appeal because there IS NO appeal - that's just part of the scam to make you believe their ticket is somehow legitimate. It is NOT.

Don't correspond again either, even just in an attempt to wind them up! Just the fact that they would be receiving replies from the registered keeper will make them think there's a good chance you are believing there's something in the 'fine' and that you may be persuaded to pay up. Ignore completely, even though you have tried to appeal, that won't matter now as long as you are ready for the barrage of junk mail threatograms that will follow.

Read carefully, the first thread on here to see in full detail, exactly what sort of letters the registered keeper will need to ignore, before the whole extortion attempt fizzles out:

http://forums.moneysavingexpert.com/...lay.html?f=163

Then read as many of the other threads as it takes for you to be confident that we are right when telling posters to ignore PPC letters and fake tickets. You should find the answers to your queries on other threads, and you'll get an idea of how common this rip-off is, bearing in mind that (annoyingly) most people probably just blindly pay it without looking on the internet for advice.

You have not committed any offence. Nothing will happen and your credit rating will not be affected - think of it as a Nigerian phishing email, which will be followed by letters telling you the debt has gone up, and threatening you with all sorts of rubbish that won't happen.

Happy reading (of the MSE link and threads, not their rubbish letters...!).

[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