Parking Charge Notice Outstanding CMS UK Ltd

MGRNE

My husband received a parking fine on Robin Retail Park Wigan last November and we thought we'd successfully ignored this until this week and have now received a reminder notice (after three months!!)

We've no intention of paying this but wondered whether to completely ignore or respond to the appeal process.

My husband has a blue badge but didn't display in a disabled bay (road tax disc shows disabled class!!) We e-mailed the same day to say we had a badge but then received a letter saying "you may have a badge but it wasn't displayed - pay up or else!!" They offered the POPLA appeal process but I just wrote to them again and sent a copy of the blue badge) That was November 2012 and heard nothing til this week.

Who is the landowner who I would complain to - have seen the postings particularly in relation to disability - so intend using this as the basis of a very strong complaint. Should we appeal as well?

Thanks for your help

Stroma

Popla won't be available to you now I think, as time has passed without contact by you or them.

But this is a clear breach of the Equality Act 2010, you have given them proof of your blue badge (even though it doesn't apply on private land) and your road tax clearly shows that the ocupants of the vehicle are considered disabled by said act.

I would go for the landowners here and the retailer you visited, head any letter with 'Breach of Equality Act 2010' at the said car park, copy in your complaint to the parking company if you wish, state that you are minded to sue all three for this breach if this ticket is not immediately cancelled, say you will be looking at a minimum of £500 compensation for the breach and for the harassment you are getting.

Or

Ignore it all and just file the letters away in the scam drawer

MGRNE

Thanks Stroma - have just e-mailed Completely Retail (think they the landowner?) to that effect - yes as you say too late for POPLA appeal now. Can't find e-mail contact for CMS - does anyone have this?
Will keep you updated thanks again

Guys_Dad

Stroma wrote: »

Popla won't be available to you now I think, as time has passed without contact by you or them.

Clarification as to whether it is out of time or not may be needed. PPC offered POPLA appeal process and OP wrote with proof of Blue badge etc, but the PPC did not reply with a POPLA code, thereby denying OP chance to appeal. Would POPLA then allow OP to appeal based on the PPCs failure to provide a code and award a favourable decision on that basis?

Also, on a general point, I can't see anywhere that if a PPC denies an appeal that they MUST respond including the POPLA code at that point rather than just referring to the POPLA appeal system.

I know that advice has been given that if they don't provide a code along with the rejection of appeal, you can "time them out", but can't actually find it.

MGRNE

Thanks Guys Dad - we did get a POPLA verification code and chance to appeal but I chose to write again to CMS with copy of blue badge as I couldn't see which criteria to appeal on - obviously now I realise I could have chosen "not improperly parked" so yes too late for POPLA now

Stroma

They offered popla but the OP didn't go for it, read the first post again

nigelbb

MGRNE wrote: »

Thanks Guys Dad - we did get a POPLA verification code and chance to appeal but I chose to write again to CMS with copy of blue badge as I couldn't see which criteria to appeal on - obviously now I realise I could have chosen "not improperly parked" so yes too late for POPLA now

POPLA can accept appeals that are out of time. To quote from the POPLA website http://www.popla.org.uk/makinganappeal.htm

You have 28 days from the date you receive the operator’s notice of rejection to appeal. If your appeal is late, it cannot normally be considered. If you do send it late you must explain fully and clearly on the appeal form itself why it is late – see the FAQs page. The Assessor will then decide whether the appeal can be considered but is likely to happen only in very limited circumstances.

As you were seeking clarification from the PPC to know what your grounds for appeal it's worth entering a late appeal if only to test the waters for others submitting late appeals.

Guys_Dad

Stroma wrote: »

They offered popla but the OP didn't go for it, read the first post again

I read that. OP originally wrote this "They offered the POPLA appeal process "

The point I am trying to get at, although latest post from OP now says they got the code as well, was a finer point. Happy to start new thread if necessary.

Question was this.

When you get a rejection to your appeal, some PPCs write back saying you can go to POPLA, but not enclosing a code. My question is this - is it a requirement for them to provide a code along with the rejection or do they simply need to refer you to there being a POPLA process, but if you want a code, you have to contact them again?

Can't seem to see the answer to that, but may very well have missed it.

bondy_lad

why bother its just a SCAM as the ticket/invoice is FAKE ,,but its up to you,,only a PENALTY charge notice is genuine, you have the FAKE one,a PRKING charge notice=fake/scam/con/fiddle=loo paper.jobs a belter then.

Stroma

I think we should just concentrate on helping the OP , taking it off track doesn't help and confuses the issue. Start a new thread if you wish.

Half_way

did the retail parks agents (CMS) realy say somehting along the lines of "you may have a badge but it wasn't displayed - pay up or else!!"

Yes it is nothing short of a Scam, and yes you can ignore it...

[]bBut[/b] Through the actions of their agents the retail park is in breach of the equalities act, and on behalf of any other disabled driovers who will be threatened by this company the retail park owners need a firm kick up the rear end so to speak.
By allowing CMs to opperate on their land, they should know exactly what they are doing, as has been said before the retail aprk owners are fully responsable for the actions of CMS, CMS are acting on behalf of, and for the car park owners.

Heres what you should do, forget about an appeal, you have told them you have a blue badge/disability - they should have appologised and dropped this as soon as they knew.
go straight for a letter before action to the car park owner, and copy the parking compnay in on it as well, that unless the charge is cancelled imediatlty, you will comence action against the car park owner, and the car parking company (CMS, for whose actions the car park owner are jointly liable for) if no letter cofirming that this matter has been dropped, together with a full appology
(and optionaly an out of court settlement/donation to charity of your choice )