CM Service soft appeal rejected...

Margethechicken

I was issued a PCN for my own car at Robin Park on 18-03-14, reason for issue Customer Parking Only. NtK arrived, with time issued showing 20:34. Following advice in Newbies thread I found the only receipt that I had, copied it and sent it off to show that I had been a customer.

I have received a letter back refusing cancellation because the shops had shut at 8pm and yet the car was still unattended in the car park. I have been advised of an entitlement to appeal to IAS but no POPLA Number.

Having been on holiday for two of my three weeks to notify IAS, I now realise I've left it late (too late?) to sort. I re read the newbies thread but couldn't see the best advice to follow. Any help or advice would be gratefully received.

Redx

you wont get a popla number as these are members of the IPC , so you use the pcn number on their website within 21 days to appeal

Margethechicken

Thank you for the speedy reply.

Having just read another thread about CM Services, I have seen that the date of issue was 18-03-14 but the NtK was dated 19-06-14. Is this outside the 28 days period, or have I misunderstood the 28-56 days period? Sorry if I seem confused...I am!

Redx

if a windscreen ticket was put on the vehicle then the NTK should arrive with the RK before day 56 (but after day 28) for POFA 2012 to apply

then you appeal within 28 days to the PPC

if the PPC reject your claim, you have to appeal to the IAS within 21 days of the appeal rejection letter , which you now do via the IPC website

if no windscreen ticket was issued, then you have to have the NTK with the RK IN 14 days for POFA 2012 to apply

otherwise, its the driver who is liable as POFA 2012 doesnt apply , this gives them 6 years to chase people in england or wales under MCOL rules

you should also be complaining to the landowner too

Margethechicken

So if the NtK arrived 92 days after the PCN, is that relevant in any way? Do I still appeal to IAS with that info now? Do I have any more dealings with CMS?

Redx

its relevant if they allege POFA 2012 applies , clearly it cannot apply as they havent met the POFA conditions , meaning they cannot hold the RK responsible and so should chase the driver, who you wont be naming

so its one of your appeal points

also appeal on other points like NTK not compliant and signage etc too , whatever is relevant , providing you are still in the 21 day appeal window of course

Margethechicken

Thank you. Back to the newbies threads I go to see what else I can find. You have made it much clearer for me. 21 days up tomorrow so looking on IPC site too.

Margethechicken

Please could you read through this first draft for my appeal to IPC?


On 18/03/14 I parked my vehicle XXX XXX at Robin Park Retail Park, Wigan.

When I returned to my vehicle I discovered a parking charge notice affixed to my vehicle. The parking charge notice stated that the car park was for Customer Parking only.

I believe I am not in breach of this contravention as I have a receipt as proof that I had been a customer of Boots on that date, a copy of which I forwarded to CM Services.

I received the Notice to Keeper dated 19/06/14, which was 92 days after the PCN. I believe that this cannot apply as the Notice to Keeper hasn't met the POFA conditions of contacting the Registered Keeper within 56 days.

The fee is also disproportionate, According to the Unfair Terms in Consumer Contract Regulations – parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there.

In light of the above it is clear that I am not liable for the parking charge and I request that the parking charge notice is cancelled accordingly.

Does that sound okay? Thanks in advance, MTC.

Redx

you appear to have written it with the terms "me - myself and I" and not THE DRIVER etc

my point earlier was that if they have failed POFA 2012 , if you are the RK then you should use that as an appeal point, BUT NOT by saying "I did this" etc

think of it as a no comment interview

were you the driver ? - NO COMMENT

please say you were driving - NO COMMENT

so alleging non POFA 2012 compliance whilst at the same time providing people with written proof of who was driving is contradictory , is it not ?

so good try but please bear in mind you need a much better set of arguments here , without implying who was driving

even the fact you were a customer does not mean you didnt break the parking "rules"

so you need appeals including signage issues etc, plus any paperwork issues too

Margethechicken

Cheers chuck. Hadn't thought of it like that! I'll have another go!

Redx

you also need to decide if this pcn is down to contractual parking or if the not a gpeol applies etc too (depends on the signage as these IPC members tend to need to change it)

if its contractual then there should be a vat receipt etc (other threads detail various info like this when dealing with the IPC and IAS)

I cannot tell you what to write as I have no actual idea in these IPC cases, but I do read a lot of threads on here so suggest you read a few more IPC appeal threads to see what its mentioned as relevant , which I pick up on as I read threads like this one

https://forums.moneysavingexpert.com/discussion/5035070