Cpm responded to my letter

LuK2007

Morning All,

I've had the best help off of here before and can only hope others can also learn from the outcomes of some of my threads.

Basically CPM fined us using their camera footage some time in April. The signs were very small and it was pretty out of order really, its at the bottom of the flats where my niece lives.

I searched the newbies thread of this forum and sent a letter recorded delivery to them and they replied with a horrible letter that didnt reply to any of the points in the letter we sent them.

I was hoping someone could look at the attached pictures of the letter we sent them and then the letter they replied to us with.

Im not after someone spending hours just a quick glance through and some advice would really go a long way to help me. Its much appreciated. (The pics are split top half and bottom half)

Thanks!

Guys_Dad

You need to re-read the Newbies thread and submit a proper appeal stating why you contravened citing the PPC's failings.

LuK2007

Guys_Dad wrote: »

You need to re-read the Newbies thread and submit a proper appeal stating why you contravened citing the PPC's failings.

I got this template from the newbies section.

So do you think that im on to a loser with this one?

They seem adamant they arent going to roll over with this one.

pappa_golf

what date was the offence
what date did you send that letter
date reply received
date of NTK (if received)

ric3vic

Their letter states that there has been a breach of the terms and conditions. So they are absolutely clear that Beavis does not apply! They are totally reliant GPEOL.

Also they say that "you contractually agreed to pay a fee as restrictions were breached", despite elsewhere admitting that they do not know the name of the driver who supposedly entered into the non-existent contract.
i.e. you allegedly entered into a contract to pay a fee for breach of contract when you may or may not have been driving.
As far as I can see (and others will see better, I'm sure) CPM have no grounds to take this to court, provided a robust response is made.

LuK2007

pappa_golf wrote: »

what date was the offence
what date did you send that letter
date reply received
date of NTK (if received)

The alleged offence was 19/04/16

We sent the reply first class recorded on 03/05/16

This was signed for on 05/05/16 by a "Carly"

We received our reply from the letter we sent on 23/05/16

We didnt receive an NTK

Hi ric3vic - What shall i say? That we are adamant we havent committed an offence and just wait for time to pass?

LuK2007

any suggestion?

bod1467

Either appeal to IAS or ignore. (IAS appeal is almost guaranteed to fail). They're your only real options until or unless CPM initiate court action.

Debt collectors letters (next stage if you ignore) can be filed and forgotten ... we DO NOT need to know about every DC letter you receive.

LuK2007

I have already appealed which is the first letter in my original post and they replied saying ive been unsuccessful.

So do I now simply ignore all of their letters until court action which is unlikely to be taken to court going by what ric3vic said about me contractually agreeing to pay the charge by reading the sign and them contradicting themselves later on by acknowledging im not actually the driver but just the keeper.

Do I point this mistake out to them in another letter and hope for the best?

Do courts usually favour us guys or the parking people? anyone know?

bod1467

No ... you appealed* to CPM not IAS. My post above still stands.

* Actually you didn't really appeal, but that's a different matter - CPM have chosen to acknowledge your letter as an appeal.

LuK2007

They was correct to acknowledge my letter as an appeal because that was its intention.

You say I have appeal to CPM not IAS - that is true of cause, however you said in your first post that its a waste of time and not worth the effort appealing to IAS as it is "Almost Guaranteed To Fail"


So If i say something along the lines of;

You seem to have contradicted yourself with the wording in your response to my appeal.

A quote from your letter, “Upon reading signage you have contractually agreed to pay a parking charge fee as restrictions were breached”

You later go on to say, quote “It is the driver’s responsibility to ensure parking is permitted prior to leaving the vehicle within the restricted area”

I would like to mention that I am not the driver nor do I know whom the driver was on this particular day, I am simply the keeper and if you would have read my appeal properly you would have known that I am not the driver so cant have possibly agreed to any contractual agreement.

The whole private parking business relies on misrepresentation of authority. You are not the council, police or government; you can't legally issue fines or penalties. All you have sent me is a civil invoice, which I have no legal obligation to pay or even acknowledge.

Contacting Mickey Mouse firms like you is generally a waste of time, your appeals process is worthless as it is not run by an impartial third party but rather by yourselves so it's obviously within your interest to reject it.

Over 99.9% of the time you will not take people to court, because the more times you take people to court, and lose, the more chance that other members of the public get to hear that the invoices can be ignored. This would then lead to parking companies having no income because there would be no more gullible people left!

Taking people to court actually hurts your business ... Which is why you hardly ever try it.

Out of the 1.8 million private parking invoices issued last year only 49 were heard before a court and the parking companies lost half of those.

I would wish you the best of luck with this and all other letters from you or any of your associates will now be filed away until something I recognise to be official is sent to me.