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Parking Charge Notice 6 months late and not me!

I have read the FAQ but not sure it fits my case as slightly different as I've just had a letter out of the blue for a ticket they say was issued 6 months ago.

This morning had a letter from Comprehensive Management Services Ltd saying I owe them £124 for a ticket that it says was issued on 08/12/2015 @ 04:48.

This is the first I've heard of any ticket and in any case I know I wouldn't be out at 4am in the morning in the car and there's no-one else has access to it.

The location of the ticket only says "The Pavilions" with no further details and I have no idea where that is.

The make and reg of the car in the letter is correct but the colour says silver and my car is black.

Could some kind soul give me a pointer as to what to do next.
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Comments

  • DollyDee_2
    DollyDee_2 Posts: 765 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    Could it be The Pavilions shopping centre in Birmingham?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 June 2016 at 12:21PM
    IPC member so use the IPC template in the NEWBIES sticky thread, as keeper (no revealing who the driver was, even if you did know)

    also state that as they have failed POFA2012 to chase the driver (who will not be named) - they had 56 days to inform the keeper and have failed this deadline so should not be chasing you (not that this will stop them)

    they have 6 years to try a court claim

    ps:- good advice on similar issues was given in this thread

    https://forums.moneysavingexpert.com/discussion/5471588
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    DollyDee wrote: »
    Could it be The Pavilions shopping centre in Birmingham?

    But they haven't got a car park, perhaps relating to loading area at the rear/side. Tried a quick google but couldn't find anything similar.
  • Macc
    Macc Posts: 212 Forumite
    Part of the Furniture 100 Posts
    Thanks Redx for the advice, I will crack on with that. :beer:
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Do not reveal the colour of the car and do not use template appeals as these admit the car was on site and the contract was performed.
    Keep that powder dry, it is going to be very hard for them to prove the car was on site if they chance county court if they have the total wrong colour of car
    I do Contracts, all day every day.
  • Macc
    Macc Posts: 212 Forumite
    Part of the Furniture 100 Posts
    DollyDee wrote: »
    Could it be The Pavilions shopping centre in Birmingham?

    No, never been there.

    Is the issue date/time always the exact time when the ticket was given? As if it is I know for sure it can't be me or my car. I'm sure I'd remember if I was driving about at 4am on a Monday night/Tuesday morning.
  • Macc
    Macc Posts: 212 Forumite
    Part of the Furniture 100 Posts
    Do not reveal the colour of the car and do not use template appeals as these admit the car was on site and the contract was performed.
    Keep that powder dry, it is going to be very hard for them to prove the car was on site if they chance county court if they have the total wrong colour of car

    Thanks for the tip.

    Can I ask, if I don't use the template letter what should I say? (roughly)

    Just something along the lines of "I dispute that it was my car at the location"?
  • DollyDee_2
    DollyDee_2 Posts: 765 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    I'm in the Midlands which is the only reason "Pavilions" rang a bell. I don't go to Birmingham - just thought it might help with the location.

    Sorry couldn't be any help.
  • Herzlos
    Herzlos Posts: 16,068 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    They've probably got the plate wrong and the make happens to match - do they mention the model?

    Just reply with something basic like "I deny any alleged debt; my vehicle was never there and due to the timescales involved I cannot be held liable under POFA 2012". They'll reject you (because they'll reject everything) and then you ignore them. If they can't prove you were there, then you've got no chance in court.

    Don't say anything about the car, driver, or the poor description of the location at this stage - no point in letting them fudge things to make it seem valid.
  • Macc
    Macc Posts: 212 Forumite
    Part of the Furniture 100 Posts
    An update to my OP...

    I have moved house the past weeks and in all the chaos forgot to respond to the original letter. Had a follow up letter today from "ZZPS" which I assume is a debt collection company and the price has now increased.

    Have I messed up by not responding within a month of the original letter and letting it get to debt collector status? Even though that original letter was 7 months after the alleged offence and def wasn't me?

    Also on this new letter and when logging in to the iPayMyPCN website the time of the alleged offence has been changed. It was 4.48am and now is saying 11:02am. The colour of the car is still wrong.

    Should I contact CMS still or do I now contact ZZPS instead?
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