Appeal turned down by CPM. Now at POPLA stage

Seagull-Stripes

Hi All

I received a parking charge notice by UK Car Park Management via post, (no windscreen ticket was issued), and it had all the usual £100 charge discounted to £60 if paid within 14 days.

I appealed on the basis that no loss had been occurred to any party whatsoever and they predictably wrote back stating that my appeal was unsuccessful on the basis that a breach of the terms and conditions had occurred and they had photographic evidence to prove this.

The circumstances were that I wasn't parked within a designated bay. The purpose of my visit was that I was carrying out building work in one of the flats and needed to park reasonably close to where I was working.

Also, I never actually received a letter titled a "notice to keeper".


For the record, the timeline was as follows:

19th Nov. The day the parking "breach" took place.

26th Nov. Issue date of the PCN.

5th Dec. Soft appeal sent.

10th Dec. Appeal decision received from CPM. (Appeal Declined)

I now have a popla number and will appeal.

Most of the popla templates seem relevant more for commercial car parks, Airports etc whereas I was parked in a private residential estate. Can anyone point me to a template a little more relevant to my situation or give me advice on how to adapt an existing one as I don't want to delete or amend essential items that need to still be in there to help win my case.

Thanks in advance.

Seagull-Stripes

Just to also note, UK CPM have not provided an email address in which to make contact and there is no geographical address. Just a PO Box number for appeals and payments.

Castle

Seagull-Stripes wrote: »

Just to also note, UK CPM have not provided an email address in which to make contact and there is no geographical address. Just a PO Box number for appeals and payments.

Is this the company? (taken from their website)
UK Car Park Management Ltd
3rd Floor, 207 Regent Street
London
W1B 3HH or
UK Car Park Management Ltd
19 New Road
Brighton
BN1 1UF

Seagull-Stripes

Ah ha ! That'll be the one.

Funny that they don't provide a web address on their PCN's. (I guess I could have googled it myself though.)

Umkomaas

19th Nov. The day the parking "breach" took place.

26th Nov. Issue date of the PCN.

We're they using ANPR cameras? Or was this a hand-held camera?

Seagull-Stripes

It was a hand held camera. The shot was taken from the near side rear of the vehicle from the middle of the road.

Umkomaas

As well as getting on with your POPLA appeal, you need to complain to the DVLA as the PPC has requested keeper details far too early. Such early access is available only for ANPR cameras (which have a full audit trail) whereas a Kodak Brownie, wielded by a local Norris Cole (in all likelihood not even employed by the PPC) does not.

The PPC are in breach of their Kadoe Contract with the DVLA and should be suspended from access to future keeper detail.

KADOE CONTRACT - here:

https://www.whatdotheyknow.com/request/183591/response/451890/attach/5/FOIR3720%20Annex%20C.pdf

This is how the UKCPM 'Self Ticketing' operation works. Despite what it's called, it is evident from their website page on Self Ticketing, that no ticketing is actually undertaken. Here's the link - take a screenshot for attaching to your DVLA complaint.

http://www.uk-carparkmanagement.co.uk/services/parking-enforcement/self-ticketing

Seagull-Stripes

Sorry to bounce this old thread but I made a bit of a boo boo.

Having started the process before Xmas, see timeline above, over the Xmas period my mind was elsewhere and I forgot to set time aside to deal with the POPLA appeal after.

As I understood, I had 28 days in which to appeal to POPLA which unfortunately expired around the 11th of Jan. I based the 28 days from the date of the soft appeal rejection letter which was dated 8th Dec, (although the date the letter was posted through my letterbox was 10th of Dec.)

I see there are methods of which to set the clock back. After skimming through I see that
one of them is to tell them who the driver was. I'm unsure wether that can apply to me as in my soft appeal letter I (kind of) told them I was the driver.

I wrote:

"Dear Sir/Madam.

I am writing to inform you that during my short visit to the car park where the charge notice applies, there was no loss or damage to the landowner or any other party in any way whatsoever and therefore no charge is payable."

I had written my name and address on the top of the page as you would normally do on a standard letter.

Am I in a sticky situation now or is there a plan B?

Also, Im sure that on a previous reply to my thread, there was pointer to a contract which was based on a breach of KADOE contract which I can't seem to find now. If I can still appeal to POPLA, could someone please help direct me to one.

Many thanks again in advance.

Coupon-mad

You have missed POPLA then if 28 days have gone. You have now left the door open to reams of threatograms from debt collectors for around a year so it wasn't a good move. They are only letters though and UKCPM are not litigious (however we never say never about court until the 6 years limit is up, so keep ALL letters and the PCN etc in a file). See post #4 of the NEWBIES thread for 'ignore the debt collector' stage which is where you are firmly stuck.

You could try a complaint to the landowner to try to knock it on the head.

You CANNOT reset the clock by naming the driver with a windscreen PCN.

Was it in the Brighton or Sussex area, as I too am a Seagulls fan?

DO NOT PAY - NOT AN OPTION ON THIS FORUM!

Seagull-Stripes

Coupon-mad wrote: »

You have missed POPLA then if 28 days have gone. You have now left the door open to reams of threatograms from debt collectors for around a year so it wasn't a good move. They are only letters though and UKCPM are not litigious (however we never say never about court until the 6 years limit is up, so keep ALL letters and the PCN etc in a file). See post #4 of the NEWBIES thread for 'ignore the debt collector' stage which is where you are firmly stuck.

You could try a complaint to the landowner to try to knock it on the head.

You CANNOT reset the clock by naming the driver with a windscreen PCN.

Was it in the Brighton or Sussex area, as I too am a Seagulls fan?

DO NOT PAY - NOT AN OPTION ON THIS FORUM!

Hiya Coupon-Mad

Thanks for the advice.

I have read and digested post #4 and all is clear and understood.

Yeah, I suppose I should have appealed at POPLA stage but if all I'm going to get is a load of toothless requests for money then I can handle that. I like to think I'm thick skinned so I'm not liable to buckle in the slightest.. :-)

I will keep them filed and perhaps after a few I may send a robust letter to show that I'm not scared and I know my onions thanks to you guys !!

You really do a great job here !! Thanks for taking the time to reply to my posts.

And yes, I was parked on private property in Haywards Heath.

I live in Hove and yep, I'm an avid Albion fan. (Things are hopefully starting to look a little rosier now eh !!)

All the best !!