PCN/Not in allocated bay/Breach of contract

Fawkes

Hi guys,

I've been reading your forums for a while now for advice on how to challenge parking tickets. I am about to challenge a ticket as I have received a NTK through the post and would be grateful if you could provide a few tips.

I received a PCN on the 02/07/2014 for not parking in a allocated bay at my girlfriends apartment. The sign itself is positioned on a post that can be very easily missed if you are entering the property, turning right into the property. This means it would be over my right hand shoulder. Parking signs on the property are also few and far between. Some you can see some you can't and some are not in place at all. I parked my vehicle on the side of the driveway through the carpark which is inviting to anyone because it looks the same as parking bays in terms of the pavement.

The fine itself is £100. This is due to breach of contract between the landowner and the company (CPMS). This is because the original offer of £60 was not paid within 14 days.

I am about to use your template from the newbie thread. Before I use this is there anything I need to know about in advance which could go against my appeal? And also is it wise to write it is an appeal or a challenge, as I have read numerous times to appeal is to accept liability as being the driver of the vehicle at the time.

Thanks for any replies guys it is much appreciated

bazster

Just read the newbies thread. Lesley Cubbin/Hodgkiss of Wigan isn't very bright and is very easily seen off.

I'd be curious to see pics of both the signs and the NtK (redacted of identifying details).

It'd also be worth making a complaint to both BPA Ltd. and DVLA that you suspect your personal details were requested from DVLA with regard to an "event" which occurred when CPMS wasn't a member of the BPA Ltd. (the company was only incorporated on 18/06/2014).

Edna_Basher

Fawkes wrote: »

I was wondering whether I was being picky, but their signage doesn't have LTD on.

You’re not being picky at all. It is a statutory requirement under Companies Trading Disclosure Regulations for a company to prominently display its proper registered name, company number and registered address at any location where it does business.

As Bazster points out, Lesley’s new venture, Car Park Management Services (CPMS) Ltd was only incorporated on 18th June 2014. It looks like before that, she operated as a sole trader under the trading alias of CPMS / Car Park Management Services.

If the car park signs make no mention of Car Park Management Services (CPMS) Ltd, then it is not possible for this company to have formed a contract with the driver. Also, if the signs simply contain the name Car Park Management Services or CPMS, then no contract could have been formed at all because these trading aliases are not legal entities in their own right.

Assuming that the Notice to Keeper will arrive shortly, when it does, you may like to ask the DVLA a few awkward questions, especially in respect of whether this new legal entity, Car Park Management Services (CPMS) Ltd has signed a KADOE contract in its own right. If it has not, it has no right to access keeper data from the DVLA.

There is a recent thread on Pepipoo detailing a case where this new company is chasing payment of a PCN relating to a parking "incident" that took place before the company had even been formed.

Dee140157

Just post the links without the http:// and we will fill these in for you. Use photo bucket or tinypic.

Coupon-mad

http://s1289.photobucket.com/user/1Fawkes/media/image_zps5fefbaa2.jpg.html?sort=3&o

http://s1289.photobucket.com/user/1Fawkes/media/image-2_zps3708f9bf.jpg.html?sort=3&o

Laughable signs based on Trev Whitehouse at ANPR Ltd's stupid idea that a car parked causes them to be in breach of the contract with the landowner. She even calls the motorist a trespasser! ''we will require you (the trespasser) visa the registered keeper to pay us £100''! LOL! No company number and not in the name of the Ltd company...

Notice to Keeper looks like a letter I could have printed out at home (maybe that's what Lesley does):

http://s1289.photobucket.com/user/1Fawkes/media/IMG_20140813_185700_zpsd7d4ae2d.png.html?sort=3&o

http://s1289.photobucket.com/user/1Fawkes/media/IMG_20140813_185709_zps365c3a30.jpg.html?sort=3&o

And suddenly that's in the name of the Ltd company!

Edna_Basher wrote: »

the Notice to Keeper will arrive shortly, when it does, you may like to ask the DVLA a few awkward questions, especially in respect of whether this new legal entity, Car Park Management Services (CPMS) Ltd has signed a KADOE contract in its own right. If it has not, it has no right to access keeper data from the DVLA.

There is a recent thread on Pepipoo detailing a case where this new company is chasing payment of a PCN relating to a parking "incident" that took place before the company had even been formed.

How did CPMS Ltd get the data then, since they presumably didn't have a contract at the time in that name as the signs are in another name...complaints to the DVLA and BPA needed as well as the appeal. One firm can't get the data about a parking event that wasn't their business. This one is amusing.

Coupon-mad

Fawkes wrote: »

Who is this Lesley the owner of the company? Should I appeal the letter using the newbie template or just ignore them altogether? I had written a previous email to the BPA asking when CPMS became a member and they stated the date was 01/05/13. But I am guessing that is as "CPMS" and not "CPMS LTD"

Yep Lesley is mentioned here and in other threads on pepipoo:

http://forums.pepipoo.com/index.php?showtopic=91233

No thread here tells you to ignore the PCN, so send the appeal and add a point about the discrepancies and tell her she has no case. You could even write (for fun) 'Dear Lesley' at the start!

Coupon-mad

It does count for you that the signs are in the old name - so there was NO CONTRACT between the driver and the entity who sent you the Notice!

Coupon-mad

Go for it!

bazster

Fawkes wrote: »

Like you said by complaining to the DVLA or BPA? With the company being incorporated on the 18/06, I received my PCN on the 02/07 so I don't think that would count for me would it?

Well there are certain formalities to be completed before joining the BPA Ltd., so they couldn't form a company on 18/06 and be BPA members the same day. Whether it could have been done in two weeks I don't know, but it's certainly worth asking the question.

The plot thickens. CPMS Manchester, the sole trader, appeared to all intents and purposes to be one Lesley Cubbin of Wigan. When Car Park Management Services (CPMS) Limited was incorporated she metamorphosed into Lesley Hodgkiss (same address), and another director appeared, one Paul Hodgkiss of the same address.

It so happens that a certain Paul Hodgkiss of Wigan was jailed (yes JAILED) for false imprisonment in 2007 when, operating as clampit Checkmate Security, he towed a vehicle and then, when its owner came to collect it, Hodgkiss locked him in his compound and left him there.

http://www.manchestereveningnews.co.uk/news/local-news/terrorised-by-clamping-bully-1162859

http://www.wigantoday.net/news/local/bullying-clamper-jailed-in-car-case-1-165947

Is this the same Paul Hodgkiss of Wigan?

Has Lesley all along merely been a front for her husband?

Does Car Park Management Services (CPMS) Limited have a KADOE contract with DVLA? If so, someone has signed the "Declaration of Good Standing", which it would not be possible to do truthfully if one of the directors had a criminal conviction relating to his business activities. Is DVLA satisfied that the Paul Hodgkiss who is a director of Car Park Management Services (CPMS) Limited is not the same Paul Hodgkiss who was convicted in 2007?

Is the British Parking Association satisfied that this is not the same Paul Hodgkiss who was convicted in 2007, or if it is the same Paul Hodgkiss is the British Parking Association satisfied that his company's membership of the BPA accords with the kind of professional standards the BPA purports to uphold?

Would the Manchester Evening News, the Wigan Observer and indeed the Daily Mail be interested in looking into whether Paul Hodgkiss of Wigan and of Car Park Management Services (CPMS) Limited and Paul Hodgkiss of Wigan, jailbird thug, are one-and-the-same person?

And would the management company at this block of flats be interested in asking Mr. Hodgkiss the same question?

Guys_Dad

just a note of caution.

You have sent the appeal to the named PPC at the right address, haven't you? (the name on the NtK).

If you haven't then they can claim that the company have not received an appeal so no POPLA code.

Personally, I would NOT have written to Lesley herself in this instance, even to score points.

Guys_Dad

Fawkes wrote: »

Guys Dad, nothing has been sent yet although I do understand your point. I posted the appeal letter on here mainly I would say for paragraph D), which I have written with help from the guys on this particular forum to check for me. CPMS only has an appeal email address on the PCN ticket is that right? The NTK has no appeal address. I'm guessing due to the "within 28 days".

Do you not have to appeal to the address on the letter/NtK in the picture? I would have thought so as you are appealing as keeper and, of course, only the driver would have had the PCN and, as rk, this is the only correspondence you have had from the PPC