CMS Limited Parking Fine In Hire Car

tom519_2

Ok, thanks for all your help. Does this mean they won't contact the hire company now?

Tom

Coupon-mad

tom519 wrote: »

Ok, thanks for all your help. Does this mean they won't contact the hire company now?

Tom

Indeed they should not unless they want to play games and pretend that they don't know who the driver was. Never trust a PPC.

However if this was me I would email the hire company and tell them that you 'have appealed a fake parking ticket from a private firm (CMS Ltd) about an incident on xx/xx/13. Say that you know that Enterprise hire t&cs only cover real PCNs from an authority like the Police or Local Authority.* As such, although there should be no letters sent to Enterprise, if there are you expressly prohibit them from paying it and will dispute and return as unauthorised, any payment taken in relation to this matter. CMS have your name and address so have no business to write to Enterprise and you would like to remind Enterprise that they have no business to pay it. Under the Protection of Freeoms Act 2012, zero liability applies for a hire/lease company, when a private parking firm has been given the name and address of the driver so soon after an event. Nor will you pay any amount for them forwarding any letters since this isn't a matter for Enterprise now. If Enterprise do not reply within seven days to this email you will consider the matter closed and your position clear.



*{I know this because on pepipoo we have seen the wording of Enterprise's car hire t&cs which does not cover private invoices like this}.


Similar threads to read here:

https://forums.moneysavingexpert.com/discussion/4794450

and here:

https://forums.moneysavingexpert.com/discussion/4794929

HTH

tom519_2

Whoo, they cancelled the charge but as a good will gesture, pfffft! :money:

Here is their reply for those interested:

I am writing to confirm that after careful consideration of the
circumstances surrounding this parking charge we have on this one occasion cancelled this notice.

We would like to make you aware that all the warning signs on all of the car parks we manage have all been checked by the BPA and all of the site signs meet the requirements of the BPA’s AOS guide lines in their COP therefore the Pcn was issued correctly, we would like to make you aware that we have cancelled your Pcn as a gesture of good will due to the delay in responding to your appeal not because the PCN was issued incorrectly.

Yours Sincerely
The Appeals Department

I would like to thank those who helped me and posted on here. Great forum! A big thank you to coupon-mad who helped out alot, cheers! (Just realised I sound like I've won a BAFTA or something lol)

All the best, Tom

Coupon-mad

Well done 'luvvy' on your success!

This was the appeal that swung it if people want to copy/use similar words:


Dear Sirs

PCN Number xxxxx
Vehicle Reg Number xxxx

As the keeper of the above vehicle, as defined in the Protection of Freedoms Act 2012, I wish to appeal against the parking charge on the following grounds:

1. The Notice to Driver is invalid as it does not comply with PoFA 2012 in various ways which I will elaborate at POPLA stage.

2. The sum claimed is not a 'genuine pre-estimate of loss' in any way, shape, or form.

3. There were no signs with parking terms at the entrance to the car park, and we saw no prominent signs to communicate any need for a permit.

4. You don't own the land and so I will require sight of your authority from the landowner, in the form of your contract, which I suspect is also not BPA compliant.

5. We were visiting a resident and had their permission to park.

In the circumstances I expect you to cancel this charge. If you refuse to do so, then you must send me a verification code in order for me to appeal to POPLA.

Yours faithfully


PRINT NAME (don't give them your real signature as they have no business for it, but do give your name and postal address).

tom519_2

Lol, thanks!

So why do you reckon they give me this 'good will gesture'? I doubt it was because they were having a good day? Perhaps 50 people already paid up that day? Or was it your wise words that scared them lol?

Coupon-mad

It's because they could see you would have won at POPLA. Not worth the man-hours and not worth them paying the £27 plus VAT POPLA fee on a 'sure loser' for them from an appellant who knows what to say.

tom519_2

So your wise words! Thanks again