Exit blocked by CMS parking attendant to give me "ticket"

Half_way

Do they need to provide photographs to prove I was there? I think I got there before he could take them so don't even think they have any proof.

Your giving this far too much attention, the scammers do not need photos, all they need is to read your registration number and write that down in little book, then get the information from the DVLA.
To avoid stress and confrontation, if it happens again just let the parking employee put a sticker on your car, and/or photograph your vehicle.
Then thank him/her for the free photo as you were thinking of selling the vehicle and you look forward to receiving a copy of the photo in the post.
follow this up by giving them a pepipoo flyer.

when/if you do get the free photos in the post, pop back here and you will get some advice - ie to Popla or not.

Coupon-mad

msarim wrote: »

Thanks. This is their website: www cmsukltd com and looks like they are on the AOS list.

I thought so, just checking to make sure it wasn't a non-AOS firm, before just confiming that you need to write a challenge so they write to you instead of your Mum.

I think you should get this cancelled (by POPLA if the scammers won't) so I would just set out a letter with your address, not your Mum's, and state:

''Re: Parking Charge number xxxxx

The above Parking Charge Notice was issued unlawfully because your employee illegally blocked my car in with his van, and I have witnesses {even if you don't!}. As I understand you are ex-clampers, you will be only too aware that blocking-in is a criminal offence as defined under the Protection of Freedoms Act 2012.

I deny any contract, or breach of contract, or trespass and I would suggest you should:

1. Re-train or discipline the employee responsible for this criminal offence, and

2. Cancel this fake PCN immediately.

If you do not cancel it we'll see what POPLA and the DVLA think about your BPA breaches. I will also report this criminal behaviour to the Police and to Trading Standards immediately, as I am sure if the operative is an ex-clamper he will soon try this again and next time he will not know who is watching his little racket. I await your response and would remind you that you are now AOS members, not rogue clampers, so I suggest you consider your answers carefully in the light of the complaints I will be making. A rogue operative is one thing - a rogue AOS member is quite another.

Yours,

PRINT NAME'' (do not sign; they don't need your signature so just squiggle it).

msarim

Thanks guys. I'll write the letter and send it off tomorrow.

Stroma

Why write? Send them an email for free.

pogofish

msarim wrote: »

Thanks. This is their website: www cmsukltd com and looks like they are on the AOS list.

They are - here is the list. Don't rely on PPC websites as some non members try to have you-on.

http://www.britishparking.co.uk/AOS-Members

pogofish

msarim wrote: »

Do they need to provide photographs to prove I was there? I think I got there before he could take them so don't even think they have any proof.

Photos have no legal meaning whatsoever here - Just another scare tactic.

msarim

Stroma wrote: »

Why write? Send them an email for free.

Email sent. Will post their reply once they get back to me.

msarim

Got my reply from CMS today. Here it goes:

Thank you for your letter of appeal against the above Parking Charge Notice
issued at the above location. After looking at all the information regarding
this Parking Charge Notice, we are satisfied that the notice was issued
correctly and we have decided to reject your appeal for the following
reason,
1) You have failed to Display a Valid Permit
Please see attached photographs which clearly show that you had not been
blocked in, therefore your comments are incorrect.
The private land contains signs from CMS UK LTD confirming the terms and
conditions prevalent in relation to the aforementioned private land in terms
of parking. The terms and conditions of the parking on this private land
were clearly set out on the signs and by parking your vehicle you accept
those terms and conditions which were clearly stated in unambiguous
language.
You now have a number of options

1) Pay the Parking Charge Notice at the prevailing Price of £55.00
within the first 14 days of issue. Please note that after this time the
Parking Charge Notice will rise to £90.00

2) Make an appeal to POPLA – The Independent Appeals Service by
completing the accompanying form. Please be advised that if you opt for the
independent arbitration of your case, the Parking Charge Notice will
increase to £90.00 you will not be able to pay £55.00 if your appeal is
unsuccessful

3) If you choose to do nothing, we will seek to recover the monies owed
to us via our debt recovery procedures and may proceed with court action
against you.




Yours sincerely

Appeals Department
CAR PARK MANAGEMENT SERVICES UK LIMITED
PO BOX 299, Lytham St Annes, Lancashire, FY8 9GB

Registered office: 327 Clifton Drive, Lytham St. Annes, Lancashire, FY8 1HN.
Company Registration No 5176903

edward123

They have their maths wrong. The BPA CoP states the charge should be reduced by 40% if paid up within 14 days. 60% of £90 is £54 not £55.
You could use this in your POPLA appeal. As well as others of course which a regular here will help you with if you need it and which will mean a likely win for you, the end of the matter and costing these scammers money.

Stroma

Please now appeal to popla, but get advice first from here and https://www.pepipoo.com for this, don't word the defence yourself or you will lose. Take a look at the bpa code of practice for breaches, and post up a draft of defence.

Please ensure that you include the blocking in of your vehicle, it is rubbish that they have images of your vehicle that shows you were not blocked in, you were there and know you were.