CPM Parking ticket help please

Mummy_george

hi my daughter has recieved a parking notice through post by CPM uk car parking management, saying she needs to pay £60 in 2 days for parking in a residential private car park, will she need to pay it or are they a private company just trying it on, she stupidly parked there to nip to the bank as she had left her bank card in the bank. any advice greatly recieved thanks, just worried they will send it to baliffs if not paid

ColliesCarer

Have a read of the sticky thread "**NEWBIES!!........ " for info and advice about what do.

Come back after reading if you need more help.

Mummy_george

Thanks, had a quick read through, on other posts i have read it states to ignore they are not a police or goverment agency, would you recommend we appeal but unfortunetly have no grounds, really dont know what is best, daughter has just moved out with her son works full time minimum wage and dont have a penny spare, so cant afford it but certainly cant afford it to go up either or have debt collectprs involved

ColliesCarer

Could you confirm the name of the parking company - there are a few similar and the advice you are given will depend on knowing exactly.
e.g. is it UK Car Park Management Limited (whose web site is http://www.uk-carparkmanagement.co.uk)

or perhaps this one Car Park Management Services (CPMS) Ltd


There are two trade bodies for private parking the BPA and the IPC.
Most parking companies are members of either one or the other.

If they are a member of the BPA the letter may mention POPLA.
If they are a member of the IPC the letter may mention IAS.

Mummy_george

thanks its first one, uk car park management, says we can appeal but nothing about popla the trade body is bpa x

Dr._Shoe

Use the "soft appeal" template in the Newby's thread first.

To answer your supplementary question: no they cannot send the bailliffs in. Only a court can do that and you are a long, long way off that scenario at the moment and unlikely to get to that point. The last thing to do is to give in to their barely (il)legal threats and pay them. Do not phone them.

Mummy_george

thank you i will have a look at that

Mummy_george

Sorry if i am being daft is it this one? do I add all points a-d?


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is extravagant and unconscionable when compared to local parking charges issued by the Council so cannot be justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is to deter.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

Your clients should be thoroughly ashamed of the shoddy way you treat consumers visiting their premises. Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.

The purpose of this communication is:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for responding to your junk mail dressed up to impersonate a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. Following the EU Consumer Rights Directive, express consent must be obtained for consumer contracts now - not implied consent. You have failed to meet these requirements and you did not serve the driver with the terms by durable medium.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,

Redx

keep everything in, or remove this part only

Your clients should be thoroughly ashamed of the shoddy way you treat consumers visiting their premises. Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.

add your pcn ref, name and address and VRN and if sending by mail get a free certificate of posting at the post office (not recorded)

ColliesCarer

Don't worry - follow Dr. Shoe's and Redx's advice.

There are grounds for appeal - the 1st appeal letter contains all you need because these charges need to be challenged on the legal grounds not what happened on the day. So keep in points a) to e)

Mummy_george

Thanks guys, do these people have the power to take it to court or debt collection, just worried she will incur more costs