Unpaid uni parking ticket DISCIPLINARY ACTION WORRIES

Hot_Bring

Dear Y,

Thank you for your email. Might I politely suggest you might wish to sign up for one of the University's Legal courses ? I suggest this as you seem to be under the misapprehension that the unenforcable parking invoices ( for that is what they are ) are "fines". Legally only the courts, police and authorities can issue "fines". CPP can not.

I find it remarkable that a public body such as a university would hire a company such as CPP who operate on the edges of the law.

If the university are the landowners of the land that I parked on then please provide a financial breakdown of the losses the university have incurred by me parking where I did.

I will not correspond with CPP until this breakdown is made available.

Regards,

X

James_N

Dublindel wrote: »

It is the same. It's parking on private land and is covered by the exact same procedures as a retail park. Therefore the same Cop applies

i agree with your analysis, but there is a very good chance that the university either will be or can be MADE to be more active in resolving this at source because of the threat to the "student experience."

Ryan_Bryan

OP said. 'I am a PhD student (a graduate student for anyone not familiar) and was parking on a private access road near the entrance to my department belonging to the university for a couple of months and receiving these tickets owing to an injury that meant walking far put me in a lot of pain. Obviously I was getting letters from CPP but was just ignoring them happily as done previously. However, by a turn of bad luck (security, who go round issuing the tickets, recognizing me in my car at a gate and asking for my student ID, thus getting my details) the university identified me, leading me to worry about getting disciplined or prevented from graduating.'

Lindsey. Can you go into more detail on how CCP actually contacted you. If they wrote to you via security and the University giving them your name and address this may be of interest to the members here who are more conversant with the rules and regs than I am. There could be severe breaches of the DPA at the very least.

Lindsey125

No, they initially contacted me by the normal route of getting my details from the DVLA (or so I believe, as I only had contact from the uni after inadvertently giving the uni my details). The security guys that work at the gates are also the ones that patrol campus issuing tickets, and the guy I got that day recognized my car and asked for my student card (yes, I should've claimed not to have had it, duh). From that they got my student number and I then got my letter from the same guy that sent the email above asking em not to park there. I have satisfied his request and not parked there since this, so was surprised at him getting involved again in a matter that is being dealt with by CPP as usual for these companies. Either this guy has checked with CPP or they have contacted him asking him to pursue me, but they have obviously spoken to each other as they know I haven't paid up. However, CPP haven't until this point shown that they have been supplied with info from the uni, and are only contacting me by post as per getting my details from the DVLA. I am shocked to have heard from the uni manager again as as I believed that it was no longer his concern as it is being handled by a third party, and I actually do not owe the university itself anything. I also feel it is harassment and designed to be intimidating.

Do other members think I am correct in these assumptions, and what would you all suggest I do? Should I continue to ignore CPP nad the debt collection people, and should I ignore this university manager, or do I need to engage with either in some way? I have seen a few things suggesting that ignoring these silly companies is no longer the way forward as in the past.

Stroma

How many tickets are there ? It may be worth asking the dvla if they accessed and paid for the RK for each ticket, they I am almost certain wouldn't have paid all, probably the first time only

Half_way

If you have a recent ticket that is in date for POPLA then you could put through a POPLA challenge using the usual points on here that almost always win ( if not always win)
As it appears that your tickets were/are all issued under the same circumstances , and if you have a current ticket with a POPLA win then its logical that all the old too late for POPLA tickets would also fall into the same category.
Once you have POPLA challenged any in date tickets then inform the management/university of the outcome and that any prior tickets were also issued under the same/similar circumstances, so they too are not vaild/were /are incorrectly issued and as a result they must inform their agents CPP to cease and desist in sending you threatening letters as you consider this to be harassment by CPP and the university.
You could also print off a few pepipoo flyers an keep them handy as well as a few larger ones to put round the university ( notice boards etc etc)

Coupon-mad

I would reply and say:


cc: CPP

cc: Student Union or NUS




Dear Mr xxxxxx,
Firstly I must point out that there are no 'outstanding fines'. CPP do not and cannot legally issue 'fines' (I am sure they will confirm these 'CPNs' are no such thing). CPP are an AOS member with the BPA, cannot issue fines or penalties and as regards their 'charges' they have to follow a set procedure under the BPA Code of Practice.

On further investigation, although it was not at all clear in the small print on the CPNs, I see they have to offer an appeals procedure. As such, in an attempt to resolve this in accordance with their set procedures I am sending them a copy of this email by way of my challenge about the legality and basis of these charges. There is no time limit imposed by the independent appeal service, 'Parking on Private Land Appeals' (POPLA) on an AOS member in terms of when they can issue a verification code. So CPP should now consider this email/letter as my 'appeal' relating to the CPNs and if they reject my challenge they should furnish me with a POPLA code for each CPN. That is the procedure set out within their Code of Practice - alternatively, they should cancel the CPNs due to the specific circumstances explained below.

It is wholly unjustified for CPP to put pressure upon landholders to try to force payment from motorists, especially in my situation as I have 'protected characteristics' as defined in the Equality Act 2010 (EA). In my case these parking charges and the subsequent debt collector letters are considered harassment because they effectively attempt to limit or deny my rights to a 'reasonable adjustment' under the EA. As I have already explained to you over the telephone, I suffered a significant injury that has affected my mobility over the past few months and the effect was that walking any distance continues to cause me a great deal of pain.

As such, the 'reasonable adjustment' I required was to be temporarily allowed to park near the entrance to my department whilst I awaited the granting of a permit. Indeed you will note that I have applied for a parking permit for the University car parks on the basis of my continuing medical issues, and this application was fully supported by my Consultant. Despite me pursuing this permit application I have received no response to date, which is surprising in view of the University's stated policy:

http://www.equality.leeds.ac.uk/for-staff/support-and-facilities-for-staff/car-parking-for-disabled-people/

''Non-blue badge holders who still require a Disabled Parking Permit, for example, those with a long term or temporary mobility / other impairment, can apply by completing the necessary form and following the procedure managed through the University car parking team.''

I believe there is a potential breach of the EA by the University failing to respond to my permit application and allowing the parking company to pursue me for CPNs which specifically relate to the period of my injury and subsequent mobility need.

In addition, I would draw your attention to the fact that the OFT has written to more than 170 universities, this year, warning that the widespread practice of stopping students graduating or continuing with their course if they allegedly owe money over 'fines' could breach consumer laws:

http://www.theguardian.com/business/2014/feb/18/oft-warns-universities-higher-education-groups-student-sanctions

If CPP refuse to supply POPLA codes and continue to send me debt collector threats I will need to consider my position as regards pursuing them for harassment and a breach of the EA, now that they know about my EA 'protected characteristics' (the University is already aware). However, if CPP provide me with a response to this email/letter which includes POPLA codes, one for each of the outstanding CPNs, I will appeal to POPLA.

Further, I agree to abide by the decision of POPLA - I can't say fairer than that seeing as in fact these decisions are normally only binding upon the parking industry, not the motorist.

Finally, I would appreciate it if my outstanding permit application could be expedited so that I can avoid further harassment and can finally be allowed the reasonable adjustments I need to make the site more accessible in view of my genuine and ongoing mobility issue.






* P.S. if you get POPLA codes we will help you win at POPLA as we have 100% record for over a year (which is why it's safe to state you will abide by the POPLA decision!).

Lindsey125

Wow, that is incredibly helpful!

I am going to do just this. I made my application for a permit retroscpectively, after having got the tickets, so I hope this doesn't prejudice things. This however, was because I had previously been told I was incredibly unlikely to get a place. The manager that has now contacted me twice is aware of my application and promised to have it expedited, and I went to see the office staff responsible for issuing permits in person and contacted them by telephone and email several times. Although it is not really the point, if they were willing to make an exception and allow me to park on this road it doesn't create an obstruction in any way and was double parked every day for years before they introduced CPP, with cars still being able to move freely down the street.

I have been very worried (and disgusted) on account of this manager's email today so really appreciate all the help given. I will keep you all informed.

Coupon-mad

I made my application for a permit retroscpectively, after having got the tickets, so I hope this doesn't prejudice things.

Doesn't matter - your protection under the EA started on the very day of your injury. We deal with EA breaches a lot on this forum and I used to work as a disability service Manager myself, a few years ago, so am familiar with this law. In those days it was the DDA but now it's the EA (even better protection).

Stroma

Listen to Coupon Mad she is well versed in this area, I didn't even pick up on the EA breach, that's me skim reading posts as we have literally hundreds of posts a day on here.