CPM - Uk car park managment - Crawley

SirSiekier

Hi,
Like others i have recieve a notice to keeper. From CPM.

The date when the picture was made was 02.03.2014 (there are 2 evidence of photos in the letter - both of the back of the car)

I recievie the letter today on 11.04.2014 and it was dated on 10.04.2014

As i try to read everything you guys where writiing (but i couldnt... its toooo much) i find out that if it was a camera shot/evidence the company should contact me within 14 days from the date when the car was accually at the stage of the crime.
So i believe firstly they have no right no more cos i got the letter after 39 days. (not 14)

Second thing is... The car was parked on V place (visitor) and it had a card from the flat i was visiting.... The problem is the photo i got from CPM dont show me the front of the car (so there is no proof of it not being there - on the dashboard). The card was on the dashboard but nobody even bother to do a photo of that).

Thirdly...
This car was bought by me on the 2.03.2014 But at this time (4.50pm) it still wasnt mine... i Bought it at 6pm. I know that on the car certification its still say that i bought a car on 2.03.2014 and the issue was on 2.03.2014 but the hours dont add up...

So now i believe i should softly appeal to the Cpm... and somewhere else as well??

Thank you for replying and reading (i try to bu as accurate as i possibly could)

ColliesCarer

Ok if this was in England or wales yes you will need to submit an appeal.

If there was a windscreen notice on the car then the Notice to keeper need only arrive between 29 and 56 days after the alleged parking incident. Given the close timings of the alleged event and your purchase of the car is it possible a windscreen notice may have been issued and removed by the previous owner?
If there definitely wasn't a windscreen notice then the NtK should arrive by day 15.

Arriving outside of those times doesn't make it illegal and you still need to appeal - but you would have an extra appeal point - no keeper liability - to add to the template 1st appeal letter you will find in post #1 of the sticky NEWBIES thread

https://forums.moneysavingexpert.com/discussion/4816822

also take a look at post #9 where you will find a link to a useful flowchart that describes the overall process

SirSiekier

So i you dont mind i will post here what i will write to them and then please let me know if its ok...

Dear CPM
PCN number xxxxxxx
As the registered keeper, I have received your parking invoice which of course, 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
4) No keeper liability- You didnt contact the keeper within 15 days after a Parking Charge Notice was issued.

Yours,


and one more... should i add on the top of the page my pcn ref and car registartiion?? because i need to put my name and address.
?

Thank you for your quick reply... you help me loads :beer:

Coupon-mad

Yes you can add the PCN number and car reg.

SirSiekier

Thanks for your help i did send my reply week ago and now i wait for another letter from them... or will they send something to me??

ColliesCarer

They will reply to you - you should get at least an acknowledgement they have received your appeal within 14 days and it can take up to 35 days for them to respond with either a cancellation letter or a rejection letter.

A rejection letter should contain a 10 digit code for POPLA so that you can submit your 2nd stage appeal.

In the mean time - read the sticky NEWBIES thread (which I linked for you in post#2 above) and check out post #3 on that thread to learn how to do a winning POPLA appeal.

When you get the POPLA code come back on as CPM often use wording on their signs that needs additional challenges in a POPLA appeal and the forum will help you phrase it right for them.

A photo of the signs in place at the site in question would also be useful.
Post them on a photo sharing site such as tinypics or photobucket and include the links in your post on this forum (leaving off the http:// as NEWBIES can't include direct links)

SirSiekier

And they reply to me as you guys said.

They replay today so its over 2 months after i send them my first appeal.
First thing i checked was popla validation. Its valid till 28 july 2014.
Now i should go to the stage to of the appeal ... but i did recieve a form to popla. Should i fill it up and send it or should i send only the bits thats are in the newbies section...

Thanks for replaying... i will probably do this during weekend so uptill then i need as much advice as possible.

Regards

ColliesCarer

SirSiekier wrote: »

And they reply to me as you guys said.

They replay today so its over 2 months after i send them my first appeal.
First thing i checked was popla validation. Its valid till 28 july 2014.
Now i should go to the stage to of the appeal ... but i did recieve a form to popla. Should i fill it up and send it or should i send only the bits thats are in the newbies section...

Thanks for replaying... i will probably do this during weekend so uptill then i need as much advice as possible.

Regards

Might be worth you checking your POPLA code again - they are normally only valid for 28 days from the day they are generated so 28/7/14 can't be right.

If it's 28/6/14 then you should complain to the BPA as you are being denied your full appeal time and only have a week to get this in.

But don't worry there are plenty of examples of POPLA appeals you will be able to use as your base to edit for your draft.

You don't need to use the paper form unless you intend to send your appeal by post but you can submit a POPLA appeal on-line via their web site (I think they actually prefer people to use the on-line route)

If you can get photos of the signs at the location it would be useful for us to see the wording because CPM often try to claim the charge is a contractual sum the driver agreed to, but it isn't - however your POPLA appeal will need special wording to challenge that as a POPLA assessor has been fooled by their signs in the past.

Upload the photos onto a hosting site such as photobucket or tinypics then post a link to them here. As a Newbie you will need to leave off the http:// part.

So have a read of NEWBIES thread post #3 How To Win at POPLA for example POPLA appeals or use the Search This Forum using search term CPM for recent appeals written by other Posters. Pick one you like and edit it for your event then post it up here for comments and fine tuning.
Here a couple of recent appeal examples for CPM to get you started

https://forums.moneysavingexpert.com/discussion/4876134

https://forums.moneysavingexpert.com/discussion/4899567

SirSiekier

Ok, as it turns out the weekend was so great that instead of doing all this i went and had a BBQ.... anyway...

Firstly... i checked again and my Popla Checker said that my appeal deadline is: Jul 15 2014 which is correct because the rejection letter was done on 16.06.2014.

So this is correct... now the photo of the sign at the site
zonkpl.w.interia.pl/pt.jpg (its my home website server)

Hope its nicely visible...

Now i need to start creating an appeal...
Could i put in it as i put in the other letter (first one) that i receive NTK after 15 days that were necessary for CPM to conctact me??

Redx

SirSiekier wrote: »

Now i need to start creating an appeal...
Could i put in it as i put in the other letter (first one) that i receive NTK after 15 days that were necessary for CPM to conctact me??

no , because that only applies to anpr ticketing and not warden ticketing as you seem to have received due to photos being taken

so I believe the 29 to 56 day rule applies (no ticketing by anpr) and so if it arrived on day 39 then its within those rules, so not relevant

SirSiekier

I would like to post also the rejection letter i receive from CPM..
zonkpl.w.interia.pl/pt1.jpg
zonkpl.w.interia.pl/pt2.jpg