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  • FIRST POST
    • kenwildon
    • By kenwildon 13th Jan 16, 4:42 PM
    • 11Posts
    • 12Thanks
    kenwildon
    CPM 1st Appeal Rejected - What to do next
    • #1
    • 13th Jan 16, 4:42 PM
    CPM 1st Appeal Rejected - What to do next 13th Jan 16 at 4:42 PM
    This is my first posting in the forums so please forgive me if I haven't met any protocol requirements or have missed the blindingly obvious.
    I have trawled through many of the more recent posts on this thread but I might have missed something.

    I used the MSE Template to appeal against a PCN issued by PCM when I parked in a small housing development to visit a person who lived there. Long story short... within the enclosed parking area there was NO signage indicating any parking rules of any kind (limitations, permissions, charges etc) There was such a sign some distance away from this enclosed area which was not visible unless searched for, which I did later.
    So I wrote to them appealing the notice and advising them that I would not be paying.
    Their reply arrived today dismissing some of my objections out of hand, quoting the Supreme Court judgement of Nov. 4th ref excessive charges then going on to say 'In light of the above there is NO NEED for us to cover ALL of the points in your appeal.... (Capitals are mine for emphasis)
    They then go on to suggest that I can either pay up and shut up, or appeal to IAS.

    My question, therefore, to members is:-
    Should I follow their first proposal? or....
    Should I appeal to IAS (having noted doubts about their impartiality from other forum members)? or......
    Do nothing..........
    Or should I do something else?

    I have toyed with the idea of sending them a cheque for the alleged charge and trusting them to return it to me uncashed in the event I win the appeal... but if I can't expect to win the appeal.....?
Page 2
    • Redx
    • By Redx 17th Feb 16, 3:26 PM
    • 12,463 Posts
    • 14,880 Thanks
    Redx
    well, we dont like to say "we told you so" , but we did as the IPC / IAS is a kangaroo court

    its usually a pointless excercise unless court proceedings are started by the PPC or a solicitor acting on behalf of the PPC

    they have 6 years to try a claim in the small claims court, that has been a fact for 43 years since it was brought in
    Last edited by Redx; 17-02-2016 at 3:43 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • kenwildon
    • By kenwildon 17th Feb 16, 3:33 PM
    • 11 Posts
    • 12 Thanks
    kenwildon
    THANKS TO EVERYONE ON THIS FORUM

    WE WON

    Thank you for your appeal. Due to further information UK Car Park Management Ltd has confirmed they will no longer be pursuing the matter and the parking charge has been cancelled.

    Parking Charge Number (PCN): XXXXXX
    Vehicle Registration: XXXXXXX
    Date Issued: 09/12/2015

    Yours Sincerely,

    The Independent Appeals Service

    THE FURTHER INFORMATION WAS MY INFORMATION

    It was not new information. It was there all the time. It was, as they say, evidence,

    I'm going to give them a few days to write and apologise (?) and then I'm going to write to them!!

    Depending on their response I will then decide my next move or moves.

    Any thoughts on taking it further will be gratefully received.

    AGAIN. VERY MANY THANKS
    Last edited by kenwildon; 17-02-2016 at 3:36 PM.
    • Herzlos
    • By Herzlos 17th Feb 16, 3:35 PM
    • 4,110 Posts
    • 3,596 Thanks
    Herzlos
    Well done

    So this was a case of the PPC withdrawing rather than the IPC upholding it? I suspect this is just something they do to avoid setting a precedent (in that you'd got them red handed).

    Can you post up your appeal text so we can use it later?
    • Redx
    • By Redx 17th Feb 16, 3:44 PM
    • 12,463 Posts
    • 14,880 Thanks
    Redx
    I agree, this was a case of not setting a precedent and they were probably told they would lose in court, so to drop it and let it quietly go away
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Mike172
    • By Mike172 17th Feb 16, 4:53 PM
    • 290 Posts
    • 267 Thanks
    Mike172
    Interesting. UKCPM never did fight at POPLA, I always got the impression they couldn't be bothered so perhaps its the same with the IAS? Seems odd they would move to IPC and just not bother fighting like last time.

    Congrats!
    Mike172 vs. UKCPM
    Won:20
    Lost: 0
    Pending: 0
    Times Ghosted: 15
    • kenwildon
    • By kenwildon 17th Feb 16, 5:52 PM
    • 11 Posts
    • 12 Thanks
    kenwildon
    Thanks for your messages. Truth is I had enough evidence to hang them from the yard arm. As it is my intention to claim financial recompense for all the grief, anguish, work and time they put me through I will publish all evidence in the event that they choose to ignore my claim.

    Until then please bear with me as the answer they give to my upcoming complaint will determine how public I go.

    If you know of anyone who has been successful in such a claim I'd love to hear.

    Thank you all once again
    • Umkomaas
    • By Umkomaas 17th Feb 16, 7:55 PM
    • 11,030 Posts
    • 16,476 Thanks
    Umkomaas
    This link is now a little old, but contains some ideas you might wish to consider.

    http://forums.moneysavingexpert.com/showpost.php?p=66659212&postcount=9
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • kenwildon
    • By kenwildon 17th Feb 16, 9:29 PM
    • 11 Posts
    • 12 Thanks
    kenwildon
    Many thanks for the link Umkomaas, and to CouponMad for all the links there. Certainly lots of food for thought there.

    I believe that the officer who applied the PCN to my car committed a criminal offence i.e. fraudulent misrepresentation (evidence exists to show) and the officer who rejected my appeal simply compounded the fraud by quoting non-existent evidence. This was then compounded once again by obviously a senior manager within the company who believed, without checking, such non-existent evidence, and told IAS that my Appeal was not to be believed.
    I wonder who it was within UK-CPM Ltd who viewed my ultimate appeal to IAS and decided to simply cancel the charge?

    So is it possible to launch a Criminal Investigation resulting from a Civil Law fraudulent claim?

    Any advice will be gratefully received.
    • Coupon-mad
    • By Coupon-mad 17th Feb 16, 9:48 PM
    • 40,629 Posts
    • 52,498 Thanks
    Coupon-mad
    You did SUCH a good job there!

    Getting the IPC to unlock the IAS system so you could add your evidence was a first (NEVER heard of that!) and winning at IAS is rare!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Murlton
    • By Murlton 18th Oct 16, 9:25 AM
    • 11 Posts
    • 4 Thanks
    Murlton
    I know its negative but I dont know why anyone bothers responding to UKCPM since the move to IPC. It was a doddle when they were with the BPA but since the move to IPC they lost any shread of credibility they had.

    I did say on this forum that UKCPM were a laughing stock and should move to the IAS. Now they are still a laughing stock.
    Originally posted by Mike172
    So would you recommend ignoring it?
    • DoaM
    • By DoaM 18th Oct 16, 10:40 AM
    • 1,013 Posts
    • 921 Thanks
    DoaM
    So would you recommend ignoring it?
    Originally posted by Murlton
    I'd recommend you start your own new thread for your own situation. Things have moved on in the intervening 9 months.

    You have ... http://forums.moneysavingexpert.com/showthread.php?t=5542523
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
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