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  • FIRST POST
    • flamenco45
    • By flamenco45 5th Jan 17, 5:19 PM
    • 14Posts
    • 1Thanks
    flamenco45
    CPS Midlands Parking Charge Notice
    • #1
    • 5th Jan 17, 5:19 PM
    CPS Midlands Parking Charge Notice 5th Jan 17 at 5:19 PM
    I have been through many posts and threads and have downloaded letter templates re challenging and appealing PCNs but I can't find an answer to my specific question: I parked in a car park with a machine out of order. I phoned the number given and heard a recorded message say no-one was able to take the call. No message facility so couldn't leave one. I left a handwritten note in my car window and found a PCN when I returned. I took photos of the machine, and my note and appealed. The company (CPS Midlands) rejected the appeal, BUT they have recorded my number plate incorrectly so when I try the IAS online appeals, my real number plate and their PCN number don't tally. I don't think I want to tell them they have my car reg wrong so 1) what should be the next step? Also 2) is a machine out of order and no phone contact possible sufficient grounds for appealing against a £60 charge?
Page 1
    • pappa golf
    • By pappa golf 5th Jan 17, 5:30 PM
    • 7,152 Posts
    • 7,238 Thanks
    pappa golf
    • #2
    • 5th Jan 17, 5:30 PM
    • #2
    • 5th Jan 17, 5:30 PM
    what was the date of the incident?
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • Umkomaas
    • By Umkomaas 5th Jan 17, 6:00 PM
    • 13,586 Posts
    • 21,302 Thanks
    Umkomaas
    • #3
    • 5th Jan 17, 6:00 PM
    • #3
    • 5th Jan 17, 6:00 PM
    Also 2) is a machine out of order and no phone contact possible sufficient grounds for appealing against a £60 charge?
    Known as 'frustration of contract' (Google it). Probably would work with a Judge if they serve court papers and you presented the point well, very little works with the IAS despite them purportedly being legally qualified.

    Read here about the PPC you're dealing with. Benign outfit, small fry.

    https://bmpa.zendesk.com/hc/en-us/articles/203636811-CPS-Midlands-Ltd

    Chances of them taking you to court at the moment - extremely unlikely.

    http://www.bmpa.eu/companydata/CPS_Midlands.html

    But they have the balance of 6 years to pursue this via litigation; no one can predict what they might do between now and late 2022.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • flamenco45
    • By flamenco45 5th Jan 17, 6:16 PM
    • 14 Posts
    • 1 Thanks
    flamenco45
    • #4
    • 5th Jan 17, 6:16 PM
    • #4
    • 5th Jan 17, 6:16 PM
    Thank you. Date of incident was 8 Dec 2016. Letter rejecting appeal arrived today (5 Jan 2017). Many thanks.
    • flamenco45
    • By flamenco45 5th Jan 17, 6:21 PM
    • 14 Posts
    • 1 Thanks
    flamenco45
    • #5
    • 5th Jan 17, 6:21 PM
    • #5
    • 5th Jan 17, 6:21 PM
    What should I do re the IAS online appeal? I can not log on to it as the PCN letter has the wrong car reg. I have tried entering this incorrect car reg with the PCN number and the system seems to accept it but I am reluctant to click 'proceed'. Should I just sit tight or does it not matter re the incorrect car reg?
    • Coupon-mad
    • By Coupon-mad 5th Jan 17, 6:25 PM
    • 48,133 Posts
    • 61,567 Thanks
    Coupon-mad
    • #6
    • 5th Jan 17, 6:25 PM
    • #6
    • 5th Jan 17, 6:25 PM
    We don't recommend you try IAS anyway - people always lose. It is considered a kangaroo court. The NEWBIES thread post #3 tells you what your position is at this stage, when NOT trying the IAS. Sometimes there is no next step, and this is one such time.

    DO NOT PAY.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • pappa golf
    • By pappa golf 5th Jan 17, 6:35 PM
    • 7,152 Posts
    • 7,238 Thanks
    pappa golf
    • #7
    • 5th Jan 17, 6:35 PM
    • #7
    • 5th Jan 17, 6:35 PM
    CM , Im thinking different vrn on ticket to one listed , get the guy to time out his 56 days to get correct info?

    Letter rejecting appeal arrived today (5 Jan 2017). Many thanks.

    was this email or royal mail?
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • flamenco45
    • By flamenco45 5th Jan 17, 6:56 PM
    • 14 Posts
    • 1 Thanks
    flamenco45
    • #8
    • 5th Jan 17, 6:56 PM
    • #8
    • 5th Jan 17, 6:56 PM
    Letter was email (PDF).
    • pappa golf
    • By pappa golf 5th Jan 17, 7:05 PM
    • 7,152 Posts
    • 7,238 Thanks
    pappa golf
    • #9
    • 5th Jan 17, 7:05 PM
    • #9
    • 5th Jan 17, 7:05 PM
    ok , good , they may not have got your address yet , and at least a month has passed

    have you recieved a NTK thru the post yet?
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • flamenco45
    • By flamenco45 5th Jan 17, 10:00 PM
    • 14 Posts
    • 1 Thanks
    flamenco45
    Nothing through the post.
    • flamenco45
    • By flamenco45 6th Jan 17, 7:51 AM
    • 14 Posts
    • 1 Thanks
    flamenco45
    They do have my address - I wrote to them (snail mail) as soon as I had the ticket on my car, explaining with photographs what had happened.
    • The Deep
    • By The Deep 6th Jan 17, 8:38 AM
    • 6,672 Posts
    • 5,653 Thanks
    The Deep
    There have been a spate of cases recently where judges have found against PPCs where machine failure is involved.

    http://parking-prankster.blogspot.co.uk/2016/10/peel-centre-machine-failure-transcript.html

    http://parking-prankster.blogspot.co.uk/2016/11/excel-lose-judge-upholds-machine-failure.html

    and more

    https://www.google.co.uk/?gws_rd=ssl#q=parking+machine+failure+prankster
    You never know how far you can go until you go too far.
    • ReissNFFC
    • By ReissNFFC 15th Feb 17, 2:50 PM
    • 2 Posts
    • 0 Thanks
    ReissNFFC
    Cps midlands pcn
    Hi wondering if anyone can help me but i got a PCN from said company last year in october time, i read the appeal page on here & incorporated that into my appeal but after a while this was rejected. After not paying, ive recieved two letter from tnc parking services saying i owe £179 and i have also looking at advice ignored them. Yesterday i recieved a phone call from glasgow and an angry scottish chap asking me for my details for legal reasons, i tried to avoid this but they already had my details anyway but he asked for the sum which i refused to pay. The thing of interest is that i was parked in a customer car park and my friend was alsi given a ticket but didnt appeal & has heard nothing since, i questioned this on the phone & didn't get an answer before he said legal proceedings will start & put the phone down, what would be the best course of action now thanks
    • Fruitcake
    • By Fruitcake 15th Feb 17, 2:53 PM
    • 39,669 Posts
    • 79,376 Thanks
    Fruitcake
    Hi wondering if anyone can help me but i got a PCN from said company last year in october time, i read the appeal page on here & incorporated that into my appeal but after a while this was rejected. After not paying, ive recieved two letter from tnc parking services saying i owe £179 and i have also looking at advice ignored them. Yesterday i recieved a phone call from glasgow and an angry scottish chap asking me for my details for legal reasons, i tried to avoid this but they already had my details anyway but he asked for the sum which i refused to pay. The thing of interest is that i was parked in a customer car park and my friend was alsi given a ticket but didnt appeal & has heard nothing since, i questioned this on the phone & didn't get an answer before he said legal proceedings will start & put the phone down, what would be the best course of action now thanks
    Originally posted by ReissNFFC
    Please start your own thread instead of posting on someone else's. All the advice here is for the original poster, whereas you will get bespoke help on your own thread.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • flamenco45
    • By flamenco45 6th Mar 17, 1:14 PM
    • 14 Posts
    • 1 Thanks
    flamenco45
    Today I received Notice of Intention to Advise Client to Issue Summons.

    This is after 3 txt messages, a phone call where I was asked to confirm my address "for security purposes" which I refused to do. The person on the phone got heated. Asked again for my address in regard "to a personal matter." I said no and asked who is calling and why. They said TNC (meant nothing to me) and it was to do with a car park... Oh, I said. "The car park. Well, I am not paying..." The other person then shouted "So you DO know what this is about!" and slammed the phone down.

    2 text messages were identical - We notice... etc finishing with Prevent the possibility of legal action and possible fees by calling our office quoting ref....

    I did not reply to either.

    I had a letter in Feb from TNC - Outstanding Parking Charge Notice which again I did not reply to.

    I am still up for going to court but want to make sure I'm not missing a trick on the way.
    • Redx
    • By Redx 6th Mar 17, 1:39 PM
    • 14,740 Posts
    • 18,527 Thanks
    Redx
    TNC is a debt collector

    its real court papers from Northampton you are waiting for , an MCOL
    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
    • flamenco45
    • By flamenco45 6th Mar 17, 1:47 PM
    • 14 Posts
    • 1 Thanks
    flamenco45
    MCOL - is that money claim online?
    • Coupon-mad
    • By Coupon-mad 6th Mar 17, 11:47 PM
    • 48,133 Posts
    • 61,567 Thanks
    Coupon-mad
    Yes. Await court papers and come back if you get them.

    Ignore TNC, let them throw their toys out of the pram. They cannot litigate and just want to bully you. Any court claim cannot come from them they are toothless which is why they are trying bullying tactics.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Caparn
    • By Caparn 15th Mar 17, 7:38 PM
    • 80 Posts
    • 293 Thanks
    Caparn
    The first thing you need to do is request a POPLA code from CPS, this entitles you to make your case at a hearing specially set up for parking appeals. This costs them (CPS) about £27 :-), so they probably won't even do this as the machine wasn't working.
    Also, CPS are members of the BPA. BPA require a message about being able to appeal to POPLA to be on the actual ticket that's issued. They probably haven't got this information on the ticket so they would also be breaking the BPA guidelines (another thing to add to your case).
    Also, you need to tell TNC, if they phone you, that:
    1. You don't owe CPS any money for the reasons you have given.
    2. CPS did not follow the BPA guidelines.
    3. You want a POPLA code, and this information should have been on the ticket they issued.
    4. After telling them you don't owe them any money and you are not paying any money, tell them they are harassing you by calling you (if they have called you more than once), tell them not to call you again, and the only way you will pay is if they provide you with a POPLA code so you have have your case heard by someone other than the claimant (who clearly would just reject your appeal whatever!) or take you to a small claims court. But just be adamant that you don't owe them any money. After a few calls they will go away, they won't take you to court or spend £27 on a POPLA code that they would lose.

    After this message they really have no reason to call you as you have made it clear you dispute the charge, refuse to pay other than if the POPLA panel or small claims court think you should pay. If they phone you again just repeat the above and keep a note of when they call.
    Last edited by Caparn; 15-03-2017 at 8:38 PM. Reason: .
    • Umkomaas
    • By Umkomaas 15th Mar 17, 9:02 PM
    • 13,586 Posts
    • 21,302 Thanks
    Umkomaas
    The first thing you need to do is request a POPLA code from CPS, this entitles you to make your case at a hearing specially set up for parking appeals. This costs them (CPS) about £27 :-), so they probably won't even do this as the machine wasn't working.
    Also, CPS are members of the BPA. BPA require a message about being able to appeal to POPLA to be on the actual ticket that's issued. They probably haven't got this information on the ticket so they would also be breaking the BPA guidelines (another thing to add to your case).
    Also, you need to tell TNC, if they phone you, that:
    1. You don't owe CPS any money for the reasons you have given.
    2. CPS did not follow the BPA guidelines.
    3. You want a POPLA code, and this information should have been on the ticket they issued.
    4. After telling them you don't owe them any money and you are not paying any money, tell them they are harassing you by calling you (if they have called you more than once), tell them not to call you again, and the only way you will pay is if they provide you with a POPLA code so you have have your case heard by someone other than the claimant (who clearly would just reject your appeal whatever!) or take you to a small claims court. But just be adamant that you don't owe them any money. After a few calls they will go away, they won't take you to court or spend £27 on a POPLA code that they would lose.

    After this message they really have no reason to call you as you have made it clear you dispute the charge, refuse to pay other than if the POPLA panel or small claims court think you should pay. If they phone you again just repeat the above and keep a note of when they call.
    Originally posted by Caparn
    This isn't helpful. CPS (Midlands) is an IPC operator where POPLA is not the second stage appeal provider.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
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