CPM Parking Fine in Estate

Coupon-mad

Looks good to go except one bit to delete:


Therefore [STRIKE]even if this was a site where byelaws affecting parking did not take precedence, [/STRIKE] CPM have failed to establish keeper liability by forgetting the NTK.

Mike172

Do you think its wise to copy and paste the signage part as the OP has? Seems very specific. I will be re writing mine in the same way but describing the signage for my development.

3) Inadequate Signage

Furthermore, there is only 1 visible on entering the development which is placed approx 2m on the inside of the road as you drive in. The other sign at the end of the road that the vehicle was parked is attached to a fence approx 2m in height. This sign is completely obscured when a van had parked in front of the sign on the night prior to when the photos were taken. The BPA code of practice February 2014 clearly states that "Specific parking terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand".

I assert that being unable to read the detail on the sign visible on entry without stopping your vehicle and having only one other sign located as described, which may or may not be visible depending on which spaces are occupied at the time of parking, breaches this code. One sign is not easy to read without impeding the flow of traffic behind you and the other is inconspicuous. The photograph supplied at the rejection letter stage is not one that is located at the relevant end of the development nor is it one that would have been visible on the route taken.

I therefore require that the Operator submit evidence of the "clear and prominent signage throughout the development" referred to in their rejection letter in the form of site maps and photographs clearly indicating the location and height of said signage at the time of the alleged breach.

I have taken photographs myself today for the purpose of rebuttal should the need arise and would once again remind the Operator of the requirement to submit copies of any evidence to the Appellant allowing sufficient time for consideration and rebuttal.

bartmatt

Coupon-mad = I have deleted the bit advised.

Mike172 = I have already re-written this bit to how the signs are in the area. I have also just re-written further with some corrections.

I will send this letter recorded today. What is the address to send to as I can not find it anywhere?

Thank You

bartmatt

Or should I submit online

bartmatt

One last thing before submitting -

Point 4 - Do I include this even though I did recieve a NTK?

Thank You

bod1467

I've lost track of where this is at - POPLA? POPLA appeals can be submitted online. It might be best to have the appeal as a document (attachment) and just put something like below in the appeal box ...

My appeal is based on the following headline points:

a)
b)
c) etc.

The main content of my appeal is contained within attached document <filename>

If you plan to send by mail, do NOT send recorded ... 1st class with a certificate of posting from the PO is all you need.

Coupon-mad

bartmatt wrote: »

Or should I submit online

Yes if this is at POPLA stage which I seem to recall it is; no point sending it by post.

Point 4 - Do I include this even though I did recieve a NTK?

Nope you need to change it then to say why the NTK is not compliant with paragraph 8 of the POFA schedule 4, and as such there is no keeper liability. Yep you can do that, you can compare it yourself, it's easy and the law is linked in the Newbies thread. Also several of the POPLA examples in the Newbies thread 'How to win at POPLA' link include paragraphs showing how to show non-compliance with paragraph 8. Only look at windscreen ticket examples talking about para 8 (not para 9) and see the sort of thing to look for. Also if you search this forum for 'Formal Demand UKCPM' you might well find someone has already looked at it with a fine toothcomb and shown the flaws with that document, for a POPLA appeal - and you can check yours is the same and copy their wording!

bartmatt

Hello,

I would just like to thank everyone for the help and support.

Success today from Popla who ruled the appeal in my favour and said that CPM never replied with a response to Popla.

Thanks again.

Umkomaas

Thanks for feedback, it really helps regulars to have up to date information on how PPCs or POPLA are currently playing things. Helps us advise the next new poster. Well done on your success.

Now, please do us a favour and tell all your friends about the private car park management charade, the business model of which is principally aimed at issuing penalties to motorists and relieving them of eye-watering amounts of money. As you now know, they can be seen off with help from the forum.

Use Facebook and Twitter to tell your friends, and ask them to pass on the message to their friends. The more people know, the more sense we can knock into this system.

Redx

well done m8

also, please add their decision (minus personal info) to the POPLA DECISIONS sticky thread near the top of this forum

also name the PPC and add a link to this thread, so others can follow your success with their own against CPM