Parking fine help needed

val2761

I work in a shared office block with allocated parking spaces for each business. A private parking monitoring company visit periodically and ticket cars not parked in correct spaces, not displaying a valid permit, outside of bays etc. On Saturday I received a reminder notice from CMS for an unpaid fine for not displaying a valid permit dating back to 11 12 2012 with , of course a hike in fine for non payment. However I never received a ticket on my car at that time (or ever) and this is the first I knew anything about it. I did have a day or 2 without a permit displayed (unintentionally) but have no idea whether it was then . Can I base an appeal based on never having been issued a ticket at the time? Do they have to prove they did put one on?

My next query is about the wording of the letter sent on Saturday ( and in the abscence of having had a ticket at the time) as it actually states '' your vehicle was seen in Sefton House.....'' Obviously my car would not have been 'in' sefton house rather it would have been parked on the car park. Is that error enough to win an appeal on?

Stroma

Just ignore them, you will get letters I believe from Roxburghe/Graham White, I put them together like that because they are the same scammers, when you get the £207.25p letter you know you are near the end of the scam letter chains, I think 1 or 2 more offering a discount then they crawl back under the stone they crawled out of.

trisontana

This is not a fINE, it's an unenforceable invoice which you don't have to pay. Please read some other threads on here that deal with private parking tickets.

Coupon-mad

val2761 wrote: »

I work in a shared office block with allocated parking spaces for each business. A private parking monitoring company visit periodically and ticket cars not parked in correct spaces, not displaying a valid permit, outside of bays etc. On Saturday I received a reminder notice from CMS for an unpaid fine for not displaying a valid permit dating back to 11 12 2012 with , of course a hike in fine for non payment. However I never received a ticket on my car at that time (or ever) and this is the first I knew anything about it. I did have a day or 2 without a permit displayed (unintentionally) but have no idea whether it was then . Can I base an appeal based on never having been issued a ticket at the time? Do they have to prove they did put one on?

My next query is about the wording of the letter sent on Saturday ( and in the abscence of having had a ticket at the time) as it actually states '' your vehicle was seen in Sefton House.....'' Obviously my car would not have been 'in' sefton house rather it would have been parked on the car park.

Is that error enough to win an appeal on?

Wow you write about this as if it was a real parking ticket!

Was this letter you received, called a Notice to Keeper (NTK) or Notice to Owner?

They have to issue a NTK not earlier than 28 days after the 'alleged incident' and not longer than 56 days later...missed the deadline haven't they?

Does the letter say you can appeal? Does it mention POPLA?

Is this the website of the scammers in question?

http://www.cmsukltd.com/

Here's some info to start you off, so you can see what they should have done:

http://www.parkingcowboys.co.uk/keeper-liability/

If this is a NTK then send a legal challenge appeal, as you will also find on that Parking Cowboys website, linked along the top. DO NOT just copy it though, never copy a template letter verbatim; read up on the scam and then draft a VERY strong challenge and 'make it your own' as Louis Walsh would say!

But if it's just a threatogram 'follow up' with no appeal offered then ignore it and file all the letters, as proof of their failures to follow due process. ALmost no PPCs ever try a small claim and simply keeping all this flawed paperwork would be your proof of their failures if ever you did need to prove it (you have more chance of winning a fortune on the lottery in fact, than seeing a small claim over a scam fake PCN). But best advice is not to bin the letters.

Computersaysno

val2761 wrote: »

[STRIKE]I work in a shared office block with allocated parking spaces for each
business. A [/STRIKE]private parking [STRIKE]

monitoring company visit periodically and ticket cars not parked in correct
spaces, not displaying a valid permit, outside of bays etc. On Saturday I
received a reminder notice from CMS for an unpaid fine for not displaying a
valid permit dating back to 11 12 2012 with , of course a hike in fine for non
payment. However I never received a ticket on my car at that time (or
ever) and this is the first I knew anything about it. I did have a day or 2
without a permit displayed (unintentionally) but have no idea whether it was
then . Can I base an appeal based on never having been issued a ticket at the
time? Do they have to prove they did put one on?





My next query is about the wording of the letter sent on Saturday ( and in
the abscence of having had a ticket at the time) as it actually states '' your
vehicle was seen in Sefton House.....'' Obviously my car would not have been
'in' sefton house rather it would have been parked on the car park. Is that
error enough to win an appeal on?
[/STRIKE]

I've taken your post and to help clarify it I've 'deleted' the unnecessary bits, leaving those bits that are relevant.

When you do this it's easier to see what's going on....

It's private parking so the answer is simple.

Guys_Dad

Unless I am mistaken, this is unenforceable. Reason? The POF act sets down time limit for PPCs to send such 'reminders'. Their's is so far out of that timescale that it is laughable.

I would like a regular or two to confirm I am right first. If I am correct, then a straight forward letter quoting the relevant section of the Protection of Freedom Act telling them to get stuff*d is easiest route to avoid any worry from paper-chains. See appendix C of the link, sections 8&9,

http://www.britishparking.co.uk/Code-of-Practice-and-compliance-monitoring

The_Slithy_Tove

Guys_Dad wrote: »

Unless I am mistaken, this is unenforceable. Reason? The POF act sets down time limit for PPCs to send such 'reminders'. Their's is so far out of that timescale that it is laughable.

I would like a regular or two to confirm I am right first. If I am correct, then a straight forward letter quoting the relevant section of the Protection of Freedom Act telling them to get stuff*d is easiest route to avoid any worry from paper-chains. See appendix C of the link, sections 8&9,

http://www.britishparking.co.uk/Code-of-Practice-and-compliance-monitoring

Not quite right. They have missed the PoFA timescales, sure. But that only means they cannot resort to registered keeper liability rather than pursuing the driver.

However, they have also, as noted, breached the BPA CoP. This would make any attempt by them to pursue this (beyond the usual junk mail) a fruitless task for them.

val2761

Thank you all so much for your replies. To answer a few questions the letter is called Reminder notice parking charge notice outstanding. they do mention appealing in writing or online and yes the web site is the cms one mentioned above. There is no mention of POPLA.

So I can just ignore it and it is unlikely to fizzle out or am I better appealing or indeed just writing and telling them where they have gone wrong?

Thanks again folks

Coupon-mad

val2761 wrote: »

Thank you all so much for your replies. To answer a few questions the letter is called Reminder notice parking charge notice outstanding. they do mention appealing in writing or online and yes the web site is the cms one mentioned above. There is no mention of POPLA.

So I can just ignore it and it is unlikely to fizzle out or am I better appealing or indeed just writing and telling them where they have gone wrong?

Thanks again folks

So if you have already had the fake PCN and then the first postal 'Notice to Keeper' and ignored them, YES you must now carry on ignoring the whole debt collector letter chain. Pointless responding when you are beyond the appeals period, best to stay anonymous and ignore the whole scam. Only take seriously real Court papers, not letters about it, and in fact a small claim is as rare as winning a fortune on the lottery!