UK CPM ticket while parked on my own spot

lexicalmatt

Hi all,

Apologies for brief post - rushing this out before heading to work.

In November I received a ticket from UK CPM while parked in my allocated spot, behind my set of flats. Though I didn't have my "permit" on display (it keeps falling down so I shoved it in the glove box..), I was under the impression the usual line with these things was to ignore them given that it's not a real PCN.

I received a couple of follow up letters, and have now received a letter from Debt Recovery Plus quoting their efforts to recover the fee of £150 else lest all hell let lose etc etc..

Re-reading this forum I can see the consensus is now not to ignore these letters. However, given that I've already done so could someone please advise on next steps/suggest what threads to check?

Thanks

Redx

everything you need to know is explained in this NEWBIES thread https://forums.moneysavingexpert.com/discussion/4816822

lexicalmatt

Hi Redx - I've been through much of that thread and couldn't see what exactly was advised for my circumstances, having ignored the appeals procedures and so on?

Redx

I will give you three clues

look for the part that explains about appealing to the PPC in order to try and get a popla code ( ie:- its never too late)

look for the part that explains debt recovery etc

look for the part that explains about getting onto the landowner or their agent to have the ticket cancelled

there may be other points I havent thought of, but those 3 were obvious if you ask me (which you did)

The_Deep

All hell will not break lose, unless you sue them for trespass.

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

I cannot see any PPC taking a leaseholder or tenant to Court, they cannot claim trespass and, if the occupier has a "quiet enjoyment" clause, there can be no contract. In any event, there is no loss to anyone.

Tenants also may have protection under the Landlord and Tenant Act.

Coupon-mad

lexicalmatt wrote: »

Hi Redx - I've been through much of that thread and couldn't see what exactly was advised for my circumstances, having ignored the appeals procedures and so on?

I know I wrote a section on the sticky thread about what to do if you think you are 'too late to appeal' and I know I wrote a post on it ALL about debt collector stage with pics of tedious DRP letters, the lot! Not sure why the thread isn't clear because obviously both of those situations match yours.

lexicalmatt

Thanks everyone, I've taken another (less rushed...) look and note the advice on late appeals.

The Deep (or others), what is the actual circumstances which the PPC must prove if this were ever taken to court? I'm not particularly anticipating this (I am going to reply in appeal, and contact our management company) but the Master in law inside of me wouldn't mind a bit of a laugh

ampersand

...in which case, having completed your bons devoirs as advised by all the good peeps above, DO enjoy TPP's blog:
[but not until you've finished your homework...and it won't be just 'a bit of a laugh']

http://parking-prankster.blogspot.co.uk/search?updated-min=2014-01-01T00:00:00-08:00&updated-max=2015-01-01T00:00:00-08:00&max-results=50

lexicalmatt

Thanks amperstand :rotfl:

One more thing. Despite the late "appeal", can the PPC be forced to issue a POPLA code, or can this be problematic?

Given that a valid appeal point seems to be the value of the amount invoiced being greater than the loss of the landowner this seems like a straight forward route? Who would be classed as the landowner in this circumstance? I have rights over the land as a tenant, but both the management company and flat owner (landlord in US) are in question...

The_Deep

What they must prove OP is that you owe them the sum in question. They would have to show that they had authority to bring an action, that the sum involved was not a penalty, and that you had entered a contract with them to park in your own space.

They would need to prove all three, which they could not. If they want to take you to court let them, and turn the tables on them.

lexicalmatt

The_Deep wrote: »

What they must prove OP is that you owe them the sum in question. They would have to show that they had authority to bring an action, that the sum involved was not a penalty, and that you had entered a contract with them to park in your own space.

They would need to prove all three, which they could not. If they want to take you to court let them, and turn the tables on them.

Thanks, The Deep. Any easy authority to cite on this?