Parking Ticket from CPM- advice please

Guys_Dad

I would add that you did have permission - from the resident and that they will confirm in writing.

(I bet that their sign doesn't specify who is authorised to give permission! In the absence of positive specification, then you can interpret in your favour.)

splarm

The only thing about saying I had permission - does that not indicate that I was the driver? Which I did not want to indicate.

I guess I could put the driver was given permission by a resident and flat owner at the building. - would that sound ok?

I was also thinking of just writing a brief letter to the debt people saying:

[FONT=&quot]I am writing in response to your recent letter regarding my debt with UK Car Park Management and to inform you that the debt is disputed and denied and you must therefore refer the matter back to UK Cark Park Management .[/FONT] [FONT=&quot] [/FONT]
[FONT=&quot]Please take formal note that any further correspondence from yourselves will be considered and treated as harassment.[/FONT]

Coupon-mad

Yep that all seems fine.

splarm

So I heard back from CPM saying I am too late to appeal as after 28 days from receiving the ticket and so have not given me a POPLA code. From reading the threads I gather that this is rubbish and so have found the following.

Could someone check that this the correct thing I should be sending next?

Dear Sir/Madam,

Ref: PCN xxxxxxxxxx


I write in response to your letter dated xx/xx/2014, refusing an appeal against the above noted PCN.

There is nothing whatsoever to prevent your company from accepting an appeal at any stage. I am aware that in many cases in the public domain, private parking companies have issued POPLA codes much later than your self-imposed 28 days guideline and indeed POPLA have confirmed that a code can be issued by the operator at any time.

Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules.

As far as I am concerned, I have made a valid challenge (xx/xx/2014). If I do not receive a clear rejection, along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed.

Yours faithfully,

thanks!

ColliesCarer

The letter above was written for situations when people were actually appealing late, so as it stands it comes over that you are accepting the appeal was sent too late and are asking them to consider a late appeal.

But you never received a NtK so I would suggest you also raise this in your complaint letter as you did in your appeal.

Re-iterate that your appeal was submitted in time as it was within 28 days of receipt of the first notification of this charge you received which you consider was therefore an NtK.

In addition I would suggest you complain to the DVLA that you suspect your details were obtained without reasonable cause and you require information on when and by whom your details were requested. That should hopefully get you the date they got the keepers details which you can check against the date of the Debt collectors letter.

Coupon-mad

splarm wrote: »

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.

Was the above letter worded as if there had previously been a Notice to Keeper or was it worded to say 'a PCN was on the car and the DVLA have NOW told us you were the keeper...'?

splarm

The letter from the Debt Recovery guys said:

"Our Client, UK CPM, has written to you recently about the unpaid parking charge shown above. As they have not received payment, they have referred the matter to us."

So from this I guess they are claiming to have sent something out, but I never received anything.

The letter back from CPM said:
"Unfortunately we are unable to process your appeal as it has been submitted outside of the required 28 day period"
They also stated: "If the parking charge notice has not been paid in full, and we have not been made aware of the name and address for service of the current driver, from 1st October 2012, under schedule to the requirements of the act, to recover the the unpaid amount from the registrsed keeper of the vechile at the time it was parked."

So, if I send CPM a letter saying that as the debt collector letter was my first correspondance I count this as my NTK and therefore am still within 28days of this and that there is no deadline for receivig a POPLA code.
I can then reiterate the points in my first letter that they never addressed, ie no explanations or POPLA code. I am guessing I can also make point of saying that as their letter does not address any of the points I asked them to that it continues to build evidence towards harrassment. I will also inform them that I have made a complaint to the DVLA with regards to obtaining my information.

Does this all sounds about right?

Thanks for all your help

Redx

sounds about right to me

you can ignore DRP though

ColliesCarer

I wouldn't inform them yet about the DVLA complaint.

The reason for the complaint to the DVLA is to get the date they applied for reg. keeper details and you will get a faster response (and it should also be for free) by complaining than by making a request. So wait to see what information you get back as if it was applied for on or around the time the debt collectors was sent you will have clear evidence they did not send an NtK.

In addition to the other points you want to raise, your response should cover
- in order to have the right to pursue the keeper under POFA 2012 Schedule 4 you need to comply with the conditions of that act - one of which is to send a compliant NtK and given you have failed to send any notice to keeper at all (compliant or otherwise) you have failed to establish keeper liability under that act.

- in the absence of a compliant notice to keeper (or indeed any notice to keeper), I the registered keeper have submitted an appeal within 28 days of receipt of the first communication I received from either you, your agents or assignees regarding this PCN

- therefore I refute that my appeal as registered keeper was submitted out of time

- In addition there is nothing whatsoever to prevent your company from accepting an appeal at any stage. I am aware that in many cases in the public domain, private parking companies have issued POPLA codes much later than your self-imposed 28 days guideline and indeed POPLA have confirmed that a code can be issued by the operator at any time.

- Refusing access to your industry's alternative dispute resolution procedure would be unreasonable.

- As far as I am concerned, I have made a valid challenge (xx/xx/2014). If I do not receive a clear rejection, along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed.

splarm

Perfect thank you so much for your help :-) I will get writing now!