PCN/Not in allocated bay/Breach of contract

bod1467

Fawkes wrote: »

Guess it will be sent by post :T

And getting a free certificate of posting from the PO.

bod1467

You take whatever you are posting to the Post Office, hand it over, hand over the money for the stamps and ask for a certificate of posting (which is free).

Having a CoP means you can prove you sent something at X date and time to Y recipient, in case the recipient plays silly-beggars later.

The_Deep

Fawkes, in your draft you say


The legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee?). As keeper, I cannot be expected to guess the basis of your allegation.

It seems clear enough to me, the sign alleges trespass. As the bay in which you parked is allocated to your girlfriend, why not ask her to forgive you.

bazster

The_Deep wrote: »

Fawkes, in your draft you say


The legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee?). As keeper, I cannot be expected to guess the basis of your allegation.

It seems clear enough to me, the sign alleges trespass. As the bay in which you parked is allocated to your girlfriend, why not ask her to forgive you.

Well no, the sign attempts (in Trev the Clamp style) to convert a supposed trespass against the landowner into a loss by CPMS, thereby (supposedly) facilitating a claim for damages by CPMS rather than the landowner.

Utter hogwash of course, and hence the reason for requesting an explanation. I don't suppose Hodgkiss even understands what those signs are trying to say, he/she has just copied from Trev the Clamp.

bazster

http://s1289.photobucket.com/user/1Fawkes/media/image_zpse6906d4d.jpg.html

Wow, look at all those signs! :rotfl:

Coupon-mad

So now send those big questions raised by bazster about Mr Hodgkiss (he sounds delightful!), to the BPA and the DVLA and also add in that there are no signs on this side of the road nor visible in the car park so this firm is not only operating with insufficient, unlit signs but the only sign up anywhere near, doesn't match the Ltd company on the NTK.

BPA and DVLA email addies in the Newbies thread post #6.

bazster

I look forward to seeing their response!

Coupon-mad

Yes that's right.

bazster

Fawkes wrote: »

Hey guys. I complained to the BPA who responded with this.

In order for us to look into this matter further and advise accordingly, can you please provide a copy of the parking charge notice and the Notice to Keeper you have received from Car Park Management Services(CPMS) Ltd.



We can confirm the above company has been a member of the BPA and part of the Approved Operators Scheme (AOS) since 01.05.13.

The above company appears on our Approved Operators Scheme list as Car Park Management Services(CPMS) Ltd.

Does my argument stukk stand regarding the sign posts and it only saying CPMS? And also which photos should I send? I'm thinking NTK and sign photos and lack of signs

All the arguments still stand because the BPA response is pure B.S.

The company was only incorporated on 18/06/2014 so it can't possibly have been a member before that because it didn't exist!

http://companycheck.co.uk/company/09091690

bazster

Fawkes wrote: »

When I checked their website it did have CPMS registered but only as services. I have pictures of that and also their website was down. But the tickets they issued were in the name of CPMS Ltd. Now the date of 18/06 was I'm guessing when they incorporated as CPMS Ltd and changed their name on the BPA website.

Surely this means they would need to change their sign posts to match the BPA approved website?

The BPA website is an irrelevance.

The point is that, by law, a limited company must properly identify itself in the course of its business. This means using its correct name, using the word "Limited", and using its company registration number.

"Your" signs have none of these things, therefore there cannot possibly be any contract between you and the company.

It is also a breach of the BPA Code of Practice for the company not to properly identify itself on its signs, but the BPA Code of Practice is not the law.

But before you can get the BPA Ltd. to understand any of this they need to be made to understand that Car Park Management Services (CPMS) Ltd. can't possibly have been a member since 2013 because it didn't bloody exist then!