CMS parking ticket on hospital site

SY78

Hi

I've had a good look through the forums and need some help with this.
I used to work at a hospital whose car parks are run by CMS UK. When I started I applied for a parking permit and was told it'd be a few days until it was ready. I left a note in my car to say the permit was on its way but got a parking ticket regardless. This happened on the day my permit was ready, so if i'd picked it up in the morning and fixed it to my car, i wouldn't have got the ticket. I went into the parking office and explained but they said i'd have to appeal to CMS directly. This happened in November 2012.
I ignored the ticket after reading some advice on these forums (which, in retrospect, was old advice because i now realise the law changed in October 2012). I received a penalty notice last month after CMS obtained my details as the registered keeper from the DVLA. I appealed and my appeal has been rejected on the grounds that i wasn't displaying a permit. They also made it very clear in their response that there is ample signage, suggesting they know the rules under which plaintiffs can win against them. I contacted them again to request a POPLA reference number so that i can appeal through POPLA but they refused as they said an appeal to POPLA has to be made within 28 days of issue. I've checked the POPLA website and they clearly state that an appeal to them has to be made within 28 days of the response of the PPC to my appeal, so i still have time to go to POPLA as far as i'm concerned (i got CMS's rejection around 10 days ago).
Initially i was ready to fight this to the end if need be but now i'm getting a bit anxious that even if it did end up in court i wouldn't win because
1) I knew the rules- i was a regular employee at that hospital and knew i was parking in the staff car park without a permit displayed so i should've parked in the pay and display
2) leaving a note in my car is not sufficient according to the same rules
My question to the forum is
Should i contact CMS pointing out the actual rules re POPLA and that their claim about a POPLA appeal is incorrect and request a reference number? Looking at the POPLA responses on this site it doesn't look like they'd find in my favour anyway because they seem very pro PPC.
Should I ignore it and let the time to appeal to POPLA "time out" so that if it does get to court i can say CMS didn't follow due process?

Thanks.

Coupon-mad

My impression is that POPLA aren't particularly pro-PPC and most cases we see now win (with the right wording, not a soft appeal like 'my permit was ready but').

Anyway, in your case I would do nothing. Keep in a file everything you've received and add to it any other threatograms. Come back if you actually get sealed Court papers from Northampton re a small claim (very, very unlikely).

Just tick off the letter chain here, once you know if they are using the Roxburghe/Graham White letter chain or the Debt Recovery Plus/Zenith one (or another), you'll find it listed under some scammer or other and can then just play snap with them all:

https://forums.moneysavingexpert.com/discussion/2329119

The reason I say do nothing is because you have done everything right, and they should indeed have been given a POPLA code when rejecting an appeal from a registered keeper (which is when you appealed, when you got sent the letter). Your position is sound and theirs is not, you are like 'victim 2' as described by Broadsword in post #62 here on pepipoo:

http://forums.pepipoo.com/index.php?showtopic=77301&st=60

You could report CMS to the BPA (see their website) and to the DVLA but they will just refer it to the BPA as it's a BPA Code of Practice breach. A firm was recently kicked out of the BPA for refusing to comply with the CoP which is a very serious sanction indeed. And when you make your complaint you never know whether loads of similar complaints have already been made before you and they could just be waiting for more complaints as the last straw!

SY78 wrote: »

Should I ignore it and let the time to appeal to POPLA "time out" so that if it does get to court i can say CMS didn't follow due process?

Thanks.

So, yes, you've got it, that would be my plan too. But then report them afterwards to the BPA and DVLA, maybe in May once you are well past the deadline.

SY78

Thanks for being so detailed and comprehensive. You've answered my question perfectly- and it was what i wanted to hear too! I'll post any further updates on here.

Coupon-mad

Good, and you are not the only one with no POPLA code, we have seen Parking Eye and UKCPS to name just a couple of others who send rejections with no POPLA code.

Here are a few that seem to be the same as your case:

http://forums.pepipoo.com/index.php?showtopic=77690

https://forums.moneysavingexpert.com/discussion/comment/60486335#Comment_60486335

https://forums.moneysavingexpert.com/discussion/4524993

Same as you, it seems, all waiting for the 35 days to elapse then you know they are stuffed and you can safely ignore all the letters (but keep them as proof of their procedural failure if ever they tried a very rare small claim, they have 6 years so keep everything and laugh at them).