Parking ticket from UK CAR PARK MANAGEMENT LIMITED

MrsE_2

trisontana wrote: »

Could the planned visit refer to a proper council parking ticket and not one issued by a PPC? The reason I ask is that you talk about parking outside a house.

Its a private estate. Its all flats, it was from UK CAR PARK MANAGEMENT LIMITED,

ETA - its possible my BF was ticketed & it was removed by someone & he doesn't know he got a ticket, but as far as we know its isn't a council ticket.

Its addressed to dear Occupier rather than me.

trisontana

If it is a private ticket then they have no right to send bailiffs round until the case goes to court, the case is lost and then the defendant fails to pay whatever the judge orders within 28 days. Have any court papers ever been received?

MrsE_2

trisontana wrote: »

If it is a private ticket then they have no right to send bailiffs round until the case goes to court, the case is lost and then the defendant fails to pay whatever the judge orders within 28 days. Have any court papers ever been received?

No - but I thought according to the advice above, it was an invoice & I didn't need to pay it.

MrsE_2

Oh crap - just noticed the date, it says contravention date was 01/05/12.
It can't be the ticket above. It must be another.
Does this mean its a real council one?

trisontana

It looks as though it might be.

Prettylittlelotten

I have read everything from top to bottom on Money Saving Expert regarding private companies as I have heard they weren't legally enforceable! I am so pleased to have found other people discussing CPM because these were the clowns that gave me a ticket for parking outside my own apartment.

I appealed the ticket in writing within 24 hours and heard back after 5 working days with unsuccessful as my outcome.

I included photos in my appeal and a copy of my invoice from the AA (as my car had broken down where I had parked) - I gave many other points as to why I had mounted the kerb, the main one being I pay an absolute fortune to rent an apartment and feel absolutely outraged they expect me to pay to park somewhere miles away from my home when there are literally NO other spaces in the car park! I hadn't obstructed the road, but had restricted the path. This is can appreciate. But mainly I dont appreciate a £100 fine to park outside my own home...pretty sure when you live in a house this isn't the case?

The cheeky blighters conjured up 7 bullet point response to refuse my appeal, but at no point did they mention the mitigating circumstance that my car had broken down. In addittion they decided to add in there than I didn't have a permit on show :shocked: :shocked: :shocked: because I DID

Strategically they took the photo of my car from so far back that I cannot prove the permit was on show my permit is stuck onto my windscreen and always has been so this is a bit gutting.

The letter uses a lot of legal jargon (scare tactics) '...from the 1st October 2012 under Schedule 4 of the Protection of Freedoms Act 2012, we do have the right, subject to the requirements of the Act, to recover the unpaid amount from the registered keeper of the vehicle at the time it was parked'

And go on to say 'further correspondence will be noted and filed, but will not be replied to' and 'if the parking charge remains unpaid addittional charges may be incurred resulting from debt recovery and court action'

I am calling the DVLA tomorrow and citizens advice to see whether it's a good idea to ignore any more letters from them, I want to ignore them out of principle but now they have my address am a little concerned. Also I run the risk of losing my job if in the event they do take me to court, also they can add as many fees they like in court hearings...the fear of being that small percent they take to court then losing the court case worries me...so do I take the risk and perhaps win or run the risk of being that small percent ? HELP

Stroma

No point phoning CAB as their advice if you can believe this comes from the parking companies trade body the BPA, so don't bother.

This would never ever go to court, there is no loss, you broke down! And have a permit in any case. Just ignore the company completely.

Guys_Dad

Just out of interest, did they include anything about POPLA in their rejection and, if so, what did it say?

Under the BPA AOS FAQ, you will find the following
Can a motorist access the appeals service without making an appeal to the operator first?
No. Under the new arrangements motorists are still required to write to the operator who issued the parking ticket to seek redress but where the dispute cannot be resolved the operator will be required to offer the motorist access to the Independent Appeals Service. The Independent Appeals Service will not consider an appeal from a motorist who has not first contacted the operator who issued the parking ticket. For further information visit the POPLA website: https://www.popla.org.uk

If they have not referred to POPLA, then I am sure Stroma will be 100% with me when I say that do nothing and after 35 days they have blown it. You can see the requirement above in bold.

Coupon-mad

Prettylittlelotten wrote: »

I have read everything from top to bottom on Money Saving Expert regarding private companies as I have heard they weren't legally enforceable!

Nope, you've no doubt only read the couple of articles which are old, misleading and not great IMHO. You don't seem to have read the current live forum very much:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Read any threads from today...and please come off this ancient old archive thread, start your own shiny new thread like everyone else does who wants indivIdual advice. This isn't a general discussion parking forum so we do need a new thread for each case - it's a live help forum with new threads every day, as you'll see on the forum itself which I have linked (even though it's only a click away). And you can read any private parking company threads on the forum (please don't just look for this firm!) ALL our cases are like your case.

Prettylittlelotten wrote: »

Strategically they took the photo of my car from so far back that I cannot prove the permit was on show my permit is stuck onto my windscreen and always has been so this is a bit gutting.

Not 'gutting' at all, this sort of sharp practice is what should win your appeal at POPLA (if this was in England/Wales). If you don't know what POPLA is then you haven't read enough threads on the forum yet!

Prettylittlelotten wrote: »

The letter uses a lot of legal jargon (scare tactics) '...from the 1st October 2012 under Schedule 4 of the Protection of Freedoms Act 2012, we do have the right, subject to the requirements of the Act, to recover the unpaid amount from the registered keeper of the vehicle at the time it was parked'

Yes we know, discussed every day on the forum:

https://forums.moneysavingexpert.com/discussion/4360185

Prettylittlelotten wrote: »

And go on to say 'further correspondence will be noted and filed, but will not be replied to' and 'if the parking charge remains unpaid addittional charges may be incurred resulting from debt recovery and court action'

So? They gave you no POPLA code then? If in England/Wales then they are stuffed.

Prettylittlelotten wrote: »

I am calling the DVLA tomorrow and citizens advice to see whether it's a good idea to ignore any more letters from them, I want to ignore them out of principle but now they have my address am a little concerned. Also I run the risk of losing my job if in the event they do take me to court, also

No please don't bother...

- The DVLA will tell you that the firm are an AOS member and so can have your data if they have 'reasonable cause'. And the DVLA will sell it to them.

- The CAB are utterly USELESS on this subject and quite possibly would be daft enough to suggest that there could be a contract and they may even say you should pay.

Again if you'd read the forum and not those random parking articles on MSE you'd have read this about the CAB and know not to bother.

Prettylittlelotten wrote: »

they can add as many fees they like in court hearings...

No they cannot! A small claim only allows for small expenses (up to say £50 travel & expenses and a Court fee of say, £40). No solicitors or barristers costs, that's not what small claims court is about.

And if ever it happened (VERY RARE!!) you'd win so you could claim your expenses instead.


Please start your own thread once you have spent some of the long Easter weekend reading the forum and links. But don't waste your life fretting about it as it's not a real parking ticket and is simply a scam designed to part you from your money.

Prettylittlelotten

Thanks Coupon-mad - I am new to this forum business. I will move my post over into the new threads you have given me.

Thanks