PCN received from UK CPM in private car park

GMAD

Afternoon all

I've just moved job and now work in an office that has access to a private car park (also used by some residents). The deal with the new employer is that they give everyone a parking permit. I got mine but on the day I received the ticket, I noticed that I had knocked the permit off the dash when rummaging through the front of the car for some things I needed.

Have logged into the UK CPM site and it shows they have photographic evidence of there being no permit on display.

£100 fine due with 28 days, reduced to £60 if paid with 14.

Am reading through the threads/flowchart/walkthrough etc and assume I have a case due to mitigating circumstances?

Am also figuring out if I need to appeal to UK CPM now or wait until I receive a NTK. If the latter, then the timing may not be great as I only bought the car the the week before, hence UK CPM have quite possible only got details of the previous keeper!

Any advice much appreciated.

Thanks
GMAD

Coupon-mad

£100 fine due with 28 days, reduced to £60 if paid with 14.

Am reading through the threads/flowchart/walkthrough etc and assume I have a case due to mitigating circumstances?

It's not a fine.

You can't use mitigating circs. That's made clear in the Newbies thread. You could send the template first appeal around day 22 if you want to be sure no letter gets sent to the previous keeper.

Umkomaas

Am reading through the threads/flowchart/walkthrough etc and assume I have a case due to mitigating circumstances?

Am also figuring out if I need to appeal to UK CPM now or wait until I receive a NTK. If the latter, then the timing may not be great as I only bought the car the the week before, hence UK CPM have quite possible only got details of the previous keeper!

Well done on making a start on the NEWBIES sticky.

The first thing you need to realise is ........ you have absolutely no case due to any mitigating circumstances, especially a 'permit in the footwell' appeal. This won't wash anywhere in the appeal system you *might* have to go through.

You need to wait for the NtK. It may never come (hence my *might*) as the previous owner *might* get it and the PPC will be chasing them, not you.

If the previous owner provides them with your details the PPC could be timed out for the delivery of the NtK and can then only chase the driver (not the keeper), and you're under no obligation to inform them who the driver was.

So patience is advised; just wait to see what move the PPC *might* make. But in preparation for something dropping on your doormat, please continue to read the NEWBIES sticky, as the more you understand this stuff the better you can deal with it - *if* it comes your way.

Come back should there be any further developments.

GMAD

Thanks guys.

So the consensus is to wait until 3 weeks or so after picking up the ticket to see if the NtK finds its way to me? Only then should I send the initial template response?

Does this also mean that the firm only start hassling DVLA for contact details around 2-3 weeks?

EDIT: The bottom line being that although I have no mitigating circumstances + I will pass the 14 day reduced penalty deadline = I can still win my appeal?

Will read some more of the NEWBIES sticky later today.

Cheers

Coupon-mad

So the consensus is to wait until 3 weeks or so after picking up the ticket to see if the NtK finds its way to me?

Nooo. Read the Newbies thread, you have that wrong. A NTK CANNOT be sent within 3 weeks and they can't approach the DVLA until 28 days are up! Read the Newbies thread, it's explained there. Please forget stupid 'mitigating circumstances' which lose at POPLA and learn about points of appeal which win instead.

GMAD

Good evening everyone.

Sure enough the NTK (Formal Demand) dropped through my door a couple of weeks ago. It includes photographic evidence re there being no permit on the dash. Their website login also shows further evidence of signage in the car park etc.

The NTK alleges keeper liability as per POFA 2012, so I've scanned through paragraph 8 (http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted) and UK CPM appear to have worded everything in line with it.

So my next step is to send the template appeal letter (by post and with proof of sending) but omit "d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations." as it does appear to comply?

That's all for now, yes?

Thanks

Umkomaas

I'd be amazed if any PPC's NtK is PoFA 2012 compliant. Don't omit anything, just send it 'as is'.

We'll leave the detailed analysis for your POPLA appeal

Coupon-mad

and UK CPM appear to have worded everything in line with it.

No they haven't, surely. I agree with Umkomaas, leave that allegation in.

GMAD

Well, the reply to my initial templated appeal arrived a few days ago. Unsuccessful of course.

It states that information about the land owner will not be disclosed due to a confidentiality agreement. PCN complies with Schedule 4 of the protections. Genuine pre-estimate of loss exceeds the current fine value of £100 due to x, y and z.

It concludes by saying I have the right to POPLA appeal and includes a reference number. However, they've put the wrong date on the letter so when I run it through http://www.parkingcowboys.co.uk/popla-code-checker/ it shows as expired months ago. The same site says the code was generated x days before the date of my appeal, that I've not been given 28 days to appeal and should complain.

I assume that means writing a letter to CPM asking them to raise a new POPLA reference but this time using the correct date?

Thanks

EDIT the letter also says my appeal letter was taken directly from a parking forum and is outdated and inaccurate. This is standard procedure no doubt, or are the 'rules' changing?

bod1467

Complain to AOS and Steve C at BPA - emails in NEWBIES thread.

GMAD

Ok. When looking through that part of the Newbies thread and elsewhere for contact details etc I found these:

AOS

http://www.parkingcowboys.co.uk/complaints/ I should email aos@britishparking.co.uk and mention how the reference is months old and already expired before the rejection was sent? Include a scan of the letterhead (with date and reference etc) and of the date stamp on the envelope?

Steve Clark

steve.c@britishparking.co.uk Just email him the same as above?

Also, what happens to the POPLA appeal clock now that I've had the reference number a few days but it's actually invalid? Does the BPA force the parking firm to issue a new reference with a proper date?

Cheers