Civil Parking Notice from Car Parking Partnership

jayooo

Hi all,

My sister received a CPN from CPP on 05/12/2012. She was parked outside work, in a free overflow car park on a business park, available for staff who show a permit in the windscreen. The permit was there, but she received a CPN for "Not parked wholly within a designated bay". At first she ignored the ticket, as seemed to be the general consensus on this forum, but now having received a letter today, it details the Protection of Freedoms Act, schedule 4.

We have been to the CPP website and reviewed the pictures, but it is not totally clear where the lines are as the ground is very muddy.

I am just looking for a bit of advice as to where to go from here, do we carry on ignoring, or under the protection of Freedoms Act, do we lodge an appeal with CPP or POPLA? I am aware the law changed on 01/10/12, but not entirely sure what that means to us.

Any help is greatly appreciated,

Thanks

James

Stroma

The new law means nothing to you now, and them writing to you with is just to add a degree of officialise to it. Just ignore them completely as you have already been doing so. They will write a few times then give up and move onto the next person.

Coupon-mad

jayooo wrote: »

Hi all,

My sister received a CPN from CPP on 05/12/2012. She was parked outside work, in a free overflow car park on a business park, available for staff who show a permit in the windscreen. The permit was there, but she received a CPN for "Not parked wholly within a designated bay". At first she ignored the ticket, as seemed to be the general consensus on this forum, but now having received a letter today, it details the Protection of Freedoms Act, schedule 4.

We have been to the CPP website and reviewed the pictures, but it is not totally clear where the lines are as the ground is very muddy.

I am just looking for a bit of advice as to where to go from here, do we carry on ignoring, or under the protection of Freedoms Act, do we lodge an appeal with CPP or POPLA? I am aware the law changed on 01/10/12, but not entirely sure what that means to us.

Any help is greatly appreciated,

Thanks

James

The new law means not much except POPLA now exists; this is one of lots of threads about this law:

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

Like all the other posters on this board, your sister is just the proud owner of a fake PCN, a misleading invoice. A piece of rubbish, as are the threatogram letters that follow it.

The whole scam of fake PCNs relies firstly on people's ignorance of the fact that a random private company can't fine anyone, and secondly on their natural fear of parking tickets and the escalating costs/bailiff scenario. So PPCs copy the look of a real parking ticket and - hey presto! - the cash rolls in from victims who know no better.

This is not a penalty at all. It's rubbish, there are no bailiffs letters, just debt collector standard template threatograms (all hot air, we can tell you this for certain).

Tick off the threatening letters as you get them, here. If your sister has a 'new' letter for CPP please send a pic of it (suitably redacted to make it anonymous) to Crabman who is the thread starter of the letter-chains thread.

Watchdog clip with expert Solicitor's opinion here.

Barrister's opinion on a legal Q&A website here.

Recent Auto Express article here.

The letters are actually quite funny when they arrive at the address of someone who knows it's all hogwash and not a real parking ticket at all.

My 18 year old niece has EIGHT fake PCNs so far and laughs & texts me every time she gets one. She is just a new driver, a teenager, and she knows this is all a con like a series of phishing emails.

I would happily collect more fake PCNs than the 2 that I already have for Supermarket overstays (more than an hour overstays, both times when shopping at busy times). Plus I have a nice collection of amusing/alarmist debt collector letters which I carry in my handbag to show friends & colleagues if the subject crops up! :rotfl:

The_Slithy_Tove

jayooo wrote: »

I am just looking for a bit of advice as to where to go from here, do we carry on ignoring, or under the protection of Freedoms Act, do we lodge an appeal with CPP or POPLA? I am aware the law changed on 01/10/12, but not entirely sure what that means to us.

It means nothing at all in any relevant or material sense. There is no such thing as "lodging an appeal under the Act".

There is a lot of misinformation around concerning the Protection of Freedoms Act. This is largely pedalled by the private parking companies in an attempt to add some kind of legitimacy to their charges, not helped by sloppy and lazy journalism which regurgitates what the parking companies say without checking if it's true or not.

Schedule 4 of the Protection of Freedoms Act 2012 introduces the concept of Keeper Liability for private parking charges if the registered keeper fails to divulge who the driver was. That is all.

• It does not make parking charges enforceable (or any more enforceable than they were before, which, on the whole is not enforceable at all)

• It does not require the registered keeper to name the driver on request - there is no obligation. If the keeper fails to name the driver, the "liability" (such as it is) reverts to the keeper (see previous point). If the driver and keeper are the same person, then there is no difference anyway.

• It does not set out any kind of statutory framework for parking charges, they are still based on contract law or trespass, and in that respect nothing has changed

• It does not define the wording that must be used to make parking charge notices "legal", "enforceable" or "valid". The Act sets out wording and points that must be included in order for the parking company to be able to apply keeper liability, but using all the correct words does not make the notice any more legally enforceable than it was before (see point 1)

The only thing the Protection of Freedoms Act does is remove from the registered keeper the defence of "I was not the driver." That was always a weak argument. There are far stronger arguments which make such parking charges invalid, all of which still stand.

So basically, ignore it as you would have done anyway.

jayooo

Thank you all for the very helpful replies! It has put my mind at rest, and I will advise her to continue to ignore!

Coupon-mad, the letter she has received is not the same as in the thread you referenced, so ill get it sent over to Crabman to see if he wants to update the thread!

Thanks again,

James

realaledrinker

Received a ticket from these jokers in June. A couple of letters followed then one from a firm of debt "collectors" who threatened legal action if not paid by the end of September. Still waiting.....

ddpea

sorry to update an old thread but just after a bit of advice... how do I know if one of the civil parking notices from car parking partnership is fake or not.... i've been on their website and the reference they quote does bring up a supposed charge to pay. I've seen on here and other places that as it's civil it cannot be enforced... is this true??

thanks for any help

Coupon-mad

ddpea wrote: »

sorry to update an old thread but just after a bit of advice... how do I know if one of the civil parking notices from car parking partnership is fake or not.... i've been on their website and the reference they quote does bring up a supposed charge to pay. I've seen on here and other places that as it's civil it cannot be enforced... is this true??

thanks for any help

Jeez you are a bit confused, when we say 'fake PCN' we mean any private parking ticket! So of course a 'ticket' from CPP is a fake PCN (since it's not from a Council!).

Start your own thread after you have read the CURRENT advice on this forum which is no longer to IGNORE! The current advice is to appeal and win at POPLA which you will find when you read the current threads in stead of this old one from February that you've frankly wasted your time reading:

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

Please, please only start a new thread AFTER reading some threads on the first page. You really need to learn about this scam before posting, you need to read any threads to understand about appealing it and getting it cancelled, before you ask any questions. Blue 'new thread' button on the first page but only to be used after reading the page of threads, please.