Car Park Management Services - Science park, Manchester

rf123

Hello everyone,

After doing lots of research about this company and the signage at the Science Park (behind Manchester university) I'm pretty sure I have grounds to appeal.

Basically, 09/04/2014 I parked in a marked visitors bay at the science park, and nowhere on the signage etc did it say a permit was needed for these parking bays. The ticket was a window-screen ticket. My friend parked alongside me, and also received a ticket. There were plenty of empty bays still in the visitors area (I have photos to prove this).

I have ignored this ticket since I believed it to be unenforceable, and have heard nothing since.

I have NOT received a Notice To Keeper (which I believe must be received within 56 days?).

However, yesterday I received a letter from 'Debt Recovery Plus LTD' on behalf of their client 'Car Park Management Services' demanding immediate payment of £149 :eek: and if this amount isn't paid before 26/06/2014 it will be recommended to the creditor's solicitor that court action should be taken.

I've drafted an appeal but since I've not received any letters off of CPMS I had no idea where to send it - It's only that my friend who also had a ticket received a NTK that I have found their email address.

I'm wondering now who to appeal to - Do I need to contact CPMS directly? And what do I do regarding this DR+ letter?!

Thanks!

rf123

Just to add, the letter from DR+ was addressed to my dad as he is the registered keeper of the car.

ColliesCarer

Hi rf123,

You will need to treat this as a Ntk but appeal directly to the parking company but please read the NEWBIES thread (first thread on main forum page) for information on how to appeal and a template 1st appeal letter based on the legal arguments to use - not what happened on the day which is largely irrelevant. Same template can be used by your friend too.

It needs to be sent from the registered keeper

Re: DR+ you can either ignore or send them response denying the debt and referring them back to their client. See post #4 of Newbies thread for advice about dealing with debt collectors

rf123

Thank you

I've heard conflicting advice as to who to sign the letter - You say the registered keeper? So I don't need to state in the letter that infact it was me who was driving?

I've used the template from the newbies thread and added a few other things which I've got from other templates.

As for DR+ I think I will take the advice of the newbies thread about sending them a robust reply!!

rf123

Another point - Should I change the wording of the letter so that rather than saying "I have received your parking invoice which of course, I decline your invitation to pay" I make reference to the fact I haven't received any NTK and this is the first letter I've received?

ColliesCarer

No do not name the driver - there are stronger appeal points for the registered keeper at the next stage i.e. POPLA - one of which of course is that no compliant NtK was ever provided or received.

What have you added to the 1st appeal letter? Might be worth you posting up what you intend to send.

But yes you can change the opening to something like
"I am the registered keeper and I have received a letter from your agents DR+ regarding a parking invoice relating to my vehicle for an alleged private parking event (Ref No xxxxxxxxx), which of course, I decline your invitation to pay as all liability for this charge is denied.

This is the first communication I have received from either you or your agents regarding this alleged parking event and I submit the following appeal against this charge.

(then include the existing 3 appeal points and insert a fourth worded something like ....)
.
4/ By failing to provide a compliant Notice to Keeper (or indeed any Notice to Keeper at all) you have failed to establish a right to pursue the keeper under POFA Schedule 4 paragaraph 4 and can only pursue the driver who has not and will not be named as I am under no legal obligation to provide you with those details. In addition your breach of the BPA Code of Practise has been reported to them.

rf123

Thank you very much! After looking into the POPLA appeal templates the stuff I had added was more suitable for this stage of the appeal as it was much more in depth so I have taken it out and am now just using the basic template.

I have now included that as my fourth point - hopefully can get them off mine/my dads back! haha

bazster

I'm getting cheesed off saying this BUT THERE'S NO SUCH COMPANY! You are being pursued for money by a FICTION!

If the sole trader behind CPMS decides to state on his signage and his paperwork "Fred Bloggs trading as CPMS" then there might be something (or rather someone) worth fighting against, but as it is you might just as well be making an appeal against a demand for money from the Tooth Fairy.

rf123

Haha yeah I've read that countless times on here and other websites and planned on just ignoring it - but my dad isn't quite so sure so I'm going to send the appeal anyway.

The fact that the appeals contact email is an @btinternet address just adds further to how much of a joke CPMS is!

rf123

Uh oh So I've just had a reply -



Your vehicle was issued with a parking charge notice at **** we sent you a letter on **** posted at ***,the standard Internet download you have sent to us,has no bearing on our signage or wording,you are also out of the appeals time scale,please direct future correspondence to Debt recovery plus
Regards
Lesley


I didn't receive this letter

what on earth do I do now?!

rf123

Found this on the forum - ​​

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 well as evidence of Civil Enforcement Ltd failing to mitigate your alleged loss.

As far as I am concerned, I have made a valid challenge. 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.


Is this a suitable reply at this point?