CPM response to appeal letter

showmethelight

My partner lives in an apartment block and he is allocated one parking space in which he has to display a permit. Back in October, he came out to his car, to find his permit on the floor, and a ticket from CPM on his windscreen. I have used this website and templates before when I received a private ticket and was successful in getting it dropped, so I read all the advice on here, and used a template to send an appeal to CPM. Four days ago, my partner received a letter from CPM, in no uncertain terms rejecting the appeal, and going on to retaliate to every single point on my appeal letter. Going by what they are saying, it seems that we have no chance of getting out of this now, and the fee is now £100, which is totally unaffordable. I am starting to panic, as he cant pay it and I feel to blame for suggesting the appeal in the first place. I dont see we have a leg to stand on, CPM seem to be on top of their game. Can anyone please help me....or do we just swallow it and try to find the money from somewhere? I have included a photo of the signage that is displayed everywhere in his block, and also a copy of the letter. Many thanks.

BenefitMaster

Read the Newbies thread and make a POPLA appeal.

What the PPC thinks isn't relevant, they are wrong, and the GPEOL they suggest is ridiculous. How are you liable for "staff training" for example - which would be necessary even if no-one breached.

This is an easy win at POPLA.

The_Deep

Why do you need a permit? What does you lease/AST say about parking, does it mention a permit? If not, and it mentions "quiet employment" of your property, then the PPC are trying to interfere with your leasehold rights, possibly an offence under The Landlord and Tenants' Acts.

If you are an owner occupier get on to your Managing Agent sharpish and tell him to cease this harassment, if you are a tenant ask your landlord to do so. The purpose of these companies is to prevent rogue parking, not to pester bona fide residents.

Redx

carefully check all paperwork for a POPLA code

if you have a POPLA code, prepare a popla appeal and make sure its in before the expiry date (check the date with the code checker in the NEWBIES sticky thread)

if there is no POPLA CODE, report them to the BPA , steve clark , and enclose copies of all paperwork and complain you have no popla code which is a BPA code breach

I think the last post actually meant "quiet enjoyment" , one of the vagaries of predictive text giving the wrong word at a crucial time

trisontana

“If all motorists didn't park where they shouldn't , paid where they should, didn't overstay and followed all the specified conditions at the sites we look after for our clients , these costs would not exist.”


So are they saying that if nobody breaks their silly rules then the staff don't get paid and don't get any uniforms? As for the motorist having to pay for the signs and "hand held devices"That's just plain silly.


Note to Mr Crowle,
If your company did not want to incur these ordinary day-to-day running costs then the company should not have been set up in the first place.
Secondly, any so-called "losses" can only be suffered by the landowner not the parking company .I bet you don't pass on money you receive from your fake fines on to the landowner

Marktheshark

The Maloney vs you know who IS NOT CASE LAW.
It is in fact a standard county court judgement and should not be quoted as case law, this is a factually incorrect statement made by the parking company to deceive.

The Maloney case should not be used as fact by any district judge as this is against county court procedure, each case must be heard upon its own merits.
The case in question was based upon redacted contracts that to put it mildly were used to pull the wool over the judges eyes in to bamboozling the judge that the firm involved were principles when in fact the redacted section showed them they were agents.
I certianly do hope those appealing this use this as "foundation" upon which the points of law were formulated in building the appeal case.

As for this letter I see no POPLA code so I would write back stating as they have now not adhered to POFA 2012, by not including an actual popla code in the appeal rejection the registered keeper absolves themselves of keeper liability under POFA 2012.

Time to start playing the same game as these parking companies do.

trisontana

Even Parking Eye make the same mistake over this case on their website:-

"ParkingEye win Cambridge Test Case:-

Due to the large amounts of outdated, misleading and inaccurate advice propagated on certain online forums and blogs, ParkingEye has been forced in recent months to take legal action against those who fail to appeal or pay Parking Charges. This is because these internet sites continue to inform motorists that Parking Charges of this nature are not legally enforceable, and it has unfortunately become necessary to demonstrate that these are indeed legally enforceable. This has led to legal action being taken on a large scale, and ParkingEye has experienced a very high success rate in the County Court.
This recently culminated in a scheduled Test Case before HHJ Moloney QC on 22nd April 2014, who stated in his Judgment, “I have taken the unusual course of hearing these two cases at first instance in the hope that this decision will assist the parties and District Judges hearing similar cases in future.”
The hearing lasted for a full day, and addressed the many legal and pseudo-legal arguments that said online forums and sites encourage motorists to use. HHJ Moloney QC then reserved Judgment for a number of weeks to consider the relevant law.
The result was a resounding success for ParkingEye, with Judgment being given for ParkingEye on every point of defence pleaded. This included ParkingEye’s ability to bring the claim, the legally enforceable nature of the contract created between ParkingEye and the motorist and that the Parking Charge amount was fair and reasonable. This Judgment has been circulated to a number of County Courts, and provides District Judges with the most persuasive Judgement on claims of this nature currently available. However it should be noted that HHJ Moloney QC was influenced in his Judgment by the case of ParkingEye Ltd v Somerfield Stores and a number of other High Court and Court of Appeal cases."


Somehow, they have failed to find space to say that the case is going to appeal in February. I wonder why?

The_Deep

The PPC has shot itself in both knees and both feet.

It talks about breaching T&C and also mentions a contractual charge. Apparently, if you pay them £100 a day you can park where you like, blocking entrances, in disabled bays, in front of fire hose points, in other peoples' spaces, anywhere.

Also, if they are claiming contractual charge did they mention v.a.t.?

There was no initial loss, there can be no contract, their EOL is a fiction, personally I would ignore them.

trisontana

Parking Eye also fail to mention these comments made by the judge during the Somerfield case:-

Increasingly tough letters, bearing police-style “chequered edging”, were sent demanding payment from motorists and Sir Robin said one “semi-literate” missive – the third in the cycle and sent out by a debt collection company – contained “serious falsehoods”

That letter threatened motorists with legal action if they failed to pay and a fourth, worded “in the same crude fashion”, warned of the impact of court judgments on individual credit ratings and ended with the words: “This is your last chance.”

When Somerfield Stores Limited found out what was happening, it terminated its contract with ParkingEye in March 2006.

Umkomaas

“If all motorists didn't park where they shouldn't , paid where they should, didn't overstay and followed all the specified conditions at the sites we look after for our clients , [STRIKE]these costs would not exist[/STRIKE] we would be out of business and on the dole.”

Just thought I'd suggest a little amendment for their next version of this.

showmethelight

Thanks for all your input and thoughts......I just find it hard to put letters together that make an impact. I will start my POPLA appeal letter later, hopefully I can put something decent together.
Also, as someone mentioned, regarding the POPLA code, it is on the top of the letter, but I folded it over so my partners personal details werent showing.