Parking Ticket from CPM- advice please

splarm

Hi,

I received a UK CPM parking ticket when I was parking in the carpark at my friends apartment building last night. I was parked within the car park of her building however I was not in a designated spot. The sign stated:

Private Property
Unauthorised parking or parking a vehicle in an area or space that has not been designated to you may result in your vehicle receiving a parking charge notice.
Enforcement in operation 24 hours
Permits must be clearly displayed in windscreen at all times
Terms of parking without permission
You do so at your own risk to preoprt and personal injury and you are contracually agreeing to pay a parking charge fee
The following Fees Apply
Pakring Charge notice - £100 per day
or the reduced sum of £60 in payment is made within 14 days
You will incur additional charges resulting from further action being taken against you if the fee remains unpaid.

There were no signs on entering the car park and the only sign was on a brick wall behind parked cars, so high up I could not read it. What seemed really bad to me was my friend who lives in the building had not been informed that these new parking regulations where being put in place (but that is a separate issue!)

From reading the threads I think what I need to do is:
· Wait for a ticket to come through the post - is this correct? Can I ask, why is it best to wait? What are the implications if I do not wait?
Only because I would really like to get the ball rolling now and I also have issues with missing post where I live.
· Then send a rejection letter to CPM and ask for a POPLA code. - would the letter below be ok? (Taken from another thread so thanks for whoever wrote this) I was not sure if it had to be different as it was CPM

Dear xxxxx

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and are not auhtorised to offer contracts or to bring a claim for trespass

These points and others will be raised with POPLA should you not accept this appeal, and within your rejection letter,you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.

· Then once I have my POPLA code send them an appeal letter using some of the letter templates posted on here? - This is the bit I am a a bit confused as to what to put in this, is it different because it is CPM or can I use some of the templates on the forum?

Any help would be greatly appreciated!

Umkomaas

Yes, wait for the Notice to Keeper which should arrive with you within the timeframe 29 days to 56 days after your Notice to Driver (windscreen ticket), counting the day of the incident as day 0.

The Registered Keeper has more protection under the Protection of Freedoms Act 2012 as the PPC has to comply strictly with the requirements of that Act; it gives them more hurdles to get over and many stumble.

So do not be hasty, wait for the NtK. You never know, it may not be sent.

If it arrives, on receipt, use the template 1st stage appeal in the NEWBIES sticky, do not try to 'tell your story' (mitigation) it doesn't work with neither the PPC nor (especially) POPLA.

In terms of POPLA, you have a couple of months to do further reading about successful POPLA appeals - winning templates are signposted via the NEWBIES sticky. Get back to us when you've done your first POPLA appeal draft and we'll look it over and advise any fine tuning.

But WAIT for that NtK!

bod1467

^^^^ Agreed ..... UNLESS -

You are not the registered keeper of the vehicle. (e.g. it is a hire/lease/company vehicle)

splarm

Thanks for your quick responses :-)

I am the registered keeper so that is ok I will wait for the NTK. What happens if I never receive the NTK?

I was not sure whether to use the template 1st stage appeal in the NEWBIES sticky as it was a CPM ticket, but I am guessing I am fine to use that one?

Thanks!

Hot_Bring

splarm wrote: »

Thanks for your quick responses :-)

I am the registered keeper so that is ok I will wait for the NTK. What happens if I never receive the NTK?

I was not sure whether to use the template 1st stage appeal in the NEWBIES sticky as it was a CPM ticket, but I am guessing I am fine to use that one?

Thanks!

What happens if you don't get the NtK depends on if you get anything else like a final demand. If you get nothing then all well and good but if you get further demands that aren't the NtK then they haven't adhered to POFA so can't hold the RK liable.

Yes, use the template ( once you get the NtK ) it's good for almost all situations.

Umkomaas

@OP - I don't want to build up any false hope that the NtK won't be delivered; I'm sorry if I might have give an impression that this is a commonplace occurrence. But it is just one of the PoFA 2012 'hurdles'.

Most NtDs are followed by NtKs - so best prepare on that basis.

splarm

Umkomaas wrote: »

@OP - I don't want to build up any false hope that the NtK won't be delivered; I'm sorry if I might have give an impression that this is a commonplace occurrence. But it is just one of the PoFA 2012 'hurdles'.

Most NtDs are followed by NtKs - so best prepare on that basis.

No worries, I will be waiting patiently for my NTK :-) just didn't want to not take any action if not NTK and find myself with problems further down the line.

Thanks everyone for your help and I will get researching whilst I wait for my NTK!

splarm

So, after 3 months, I was thinking I might have got away with this parking ticket having never received the NTK through the post. However, today I had the pleasure of receiving a letter from 'Debt Recovery Plus Ltd' (DRP) saying I now owe £149 and I need to pay by 26th June.

What do I do now??
Slightly worried!

Dee140157

Again you need to read the Newbies thread as letters from Debt Recovery Plus are covered in some detail.
You will now need to appeal to PPC and either ignore debt collectors or robustly respond. But all this is explained in the Newbie thread.

splarm

So I have read the Newbies stuff and taken the copy and paste letter from there. I want to check that this letter is appropriate to send to UKCPM and that the parts in red, that I have only slightly changed, are ok!



As the registered keeper, I have received a letter from Debt Recovery Plus Ltd on your behalf regarding the above Parking Charge, despite having never received a letter or Notice for Keeper from yourselves. I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:
-a POPLA validation code so that I may take this up with the independent appeals service.
[FONT=&quot]- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen by the driver and as the registered keeper I never received a Notice and therefore I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you . The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,

[/FONT]

Coupon-mad

Yep that's what I would do, looks like the right plan now.