Formal Demand from CPM

fanheater

Sorry everyone for starting a new thread about this. I have gone through the stickies and looked at the Citizen's Advice Bureau, Pepipoo and elsewhere but it really looks like no two cases are identical and would appreciate some advice, please.

I received a Parking Charge Notice on 31 January for as my car was parked in a private residential carpark. The company is UK Car Park Management.

I ignored this and have now received a Formal Demand, dated 4 March. It went to my parents' address and I've only just seen it. I have not received a Notice To Keeper letter before that.

I did some quick reading up before deciding to ignore it but didn't get as far as MSE at that time and now I'm thinking I shouldn't have ignored. That's in the past though.

I am now minded to fight the notice because it's really a lot of money (£100 with a threatened escalation to £149 and also a £1.50 processing charge) and I feel out of proportion.

My car was parked there but unfortunately at that time there was no alternative and the sign on the carpark suggested that visitors can park there for 48 hours at a time.

Posters are welcome to tell me I should just pay up but if they have any other suggestions for what stages I should take or how I should word an appeal, or else whether I should keep ignoring, that would be great.

Thanks.

Coupon-mad

Why would anyone tell you to pay up?

Please read the NEWBIES thread and use the template first appeal for an IPC member.

The 'formal demand' is the first letter so treat it as a NTK and send the template IPC appeal shown in the sticky thread. It will NOT be cancelled though - because they want the money - so then go to post #3 of the NEWBIES thread and post #4 about ignoring debt collector letters.

Iceweasel

Nobody here is going to tell you to pay up.

Read the info - follow the advice - and then pay nothing.

fanheater

thanks very much to both of you. I will do what you say.

Coupon-mad

Here is a similar query on pepipoo about a 'final' demand from another IPC parking firm, with examples of the typical debt collector chain. It's nothing to worry about and this advice is the same for them as for you:

http://forums.pepipoo.com/index.php?showtopic=104740

So once you are 'offered' IAS just refuse with one more response and/or start ignoring it and come back in the unlikely event of court papers.

fanheater

Hi again,

I did say in my first post that no two cases are identical and that's true even if they are basically all the same.

I sent them the template letter which may or may not have been received inside the 21 day window, but they definitely received it because I now have a response.

In the template letter I sent them, I signed it with not my normal signature but didn't put my name in print. And I gave them a new correspondence address.

They have sent their next letter to the new correspondence address.

BUT what the letter says is, they are 'unable to process the above appeal as we are unable to ascertain who the driver was at the time of the contravention. The appeal did not state the full name of the driver or registered keeper. Appeals should be made either by the driver or the registered keeper of vehicle at the time of the contravention.'

The letter is addressed to 'the occupier'.

The letter goes on to state that an appeal needs to have the full name of the driver, the address, the pcn number, the vehicle registration and the grounds of appeal.

It then repeats the pointless information that correspondence should be received within 21 days of the contravention and the PCN won't be placed on hold. It then repeats the threat that additional charges may be incurred and the matter may be passed on to court.

The whole letter is pretty shoddy and it doesn't include the amount of money they are claiming and also they have misprinted the car's numberplate, so it's wrong.

I wonder where people suggest I go from here. Sorry again for essentially copying out the letter verbatim. The fact is that the people providing the answers on these threads are a whole lot more confident about the subject than the people looking for help.

Thanks, FH

Coupon-mad

Why didn't you put your name and address? Makes no sense and in the NEWBIES thread it clearly says always give the keeper's name and address (but sign with a squiggle so they don't get your real signature). Of course they would do this.

But your position is little different than if you had got a rejection letter and IAS was next, we'd still be telling you to ignore them, like here:

https://forums.moneysavingexpert.com/discussion/5450693

Not much - except the name/address they have - is different about the position you are now in so you haven't lost anything but it is odd to write a letter but not give a name, you gave them wriggle room and they took it.

In your case because you haven't clarified who you were at that address, I would respond just once more and say your appeal was from yourself and you are the registered keeper (this time put your name and that same 'new' address and PCN number and their ref, everything they need except who was driving). State that the driver will not be identified and should they pursue the matter they will have to rely upon full compliance with the POFA 2012 as well as prominent and clear signage and proof of a contract, none of which do you think they have established.

Then ignore them.

In the absence of court papers, only write again if you move house or if you need/want to change that service address, just in case they later try a claim and you have no knowledge about it and do not defend it. Highly unlikely - but keep all letters for 6 years just in case.

Come back if they try a small claim, of course. We also help with these sorts of defences but 99% of private PCNs never go anywhere near that route. Debt collector letters must be ignored:

https://forums.moneysavingexpert.com/discussion/5035663

I did say in my first post that no two cases are identical and that's true even if they are basically all the same.

The tedium of debt collector letters chain is though and one day I think we will self combust when the next person says 'heeeeeeellllppp!' about a silly DRP letter! So read ahead and be ready to file them too, later on, for MONTHS...

Relax. Even if you went through a defended small claim hearing and lost, you'd only end up paying a typical £150 approx, all told, no effect on credit rating, no CCJ, nothing at all as long as you then paid. And you've said '£100 with a threatened escalation to £149'.

So you may as well sit tight, laugh at the debt collector hysterical letters like we all do and if yours was ever 'chosen' for a rare small claim, treat it as a life experience. The risk in money is 'all or nothing' and no more than they are saying they will 'escalate' it to now!

Giant_Hogweed

More knowledgeable people on here than me, but if they've misprinted the number plate I'd point out that you aren't the RK of a car with that registration.

Oh, and tell them to chase the REAL RK.

pappa_golf

Giant_Hogweed wrote: »

More knowledgeable people on here than me, but if they've misprinted the number plate I'd point out that you aren't the RK of a car with that registration.

Oh, and tell them to chase the REAL RK.

gosh , I never thought of that

Giant_Hogweed

pappa_golf wrote: »

gosh , I never thought of that

No need for sarcasm, I'm still learning:(

And trying to help!