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CPS Midlands Parking Charge Notice

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I have been through many posts and threads and have downloaded letter templates re challenging and appealing PCNs but I can't find an answer to my specific question: I parked in a car park with a machine out of order. I phoned the number given and heard a recorded message say no-one was able to take the call. No message facility so couldn't leave one. I left a handwritten note in my car window and found a PCN when I returned. I took photos of the machine, and my note and appealed. The company (CPS Midlands) rejected the appeal, BUT they have recorded my number plate incorrectly so when I try the IAS online appeals, my real number plate and their PCN number don't tally. I don't think I want to tell them they have my car reg wrong so 1) what should be the next step? Also 2) is a machine out of order and no phone contact possible sufficient grounds for appealing against a £60 charge?
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Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    what was the date of the incident?
    Save a Rachael

    buy a share in crapita
  • Umkomaas
    Umkomaas Posts: 43,351 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Also 2) is a machine out of order and no phone contact possible sufficient grounds for appealing against a £60 charge?
    Known as 'frustration of contract' (Google it). Probably would work with a Judge if they serve court papers and you presented the point well, very little works with the IAS despite them purportedly being legally qualified.

    Read here about the PPC you're dealing with. Benign outfit, small fry.

    https://bmpa.zendesk.com/hc/en-us/articles/203636811-CPS-Midlands-Ltd

    Chances of them taking you to court at the moment - extremely unlikely.

    http://www.bmpa.eu/companydata/CPS_Midlands.html

    But they have the balance of 6 years to pursue this via litigation; no one can predict what they might do between now and late 2022.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thank you. Date of incident was 8 Dec 2016. Letter rejecting appeal arrived today (5 Jan 2017). Many thanks.
  • What should I do re the IAS online appeal? I can not log on to it as the PCN letter has the wrong car reg. I have tried entering this incorrect car reg with the PCN number and the system seems to accept it but I am reluctant to click 'proceed'. Should I just sit tight or does it not matter re the incorrect car reg?
  • Coupon-mad
    Coupon-mad Posts: 151,677 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We don't recommend you try IAS anyway - people always lose. It is considered a kangaroo court. The NEWBIES thread post #3 tells you what your position is at this stage, when NOT trying the IAS. Sometimes there is no next step, and this is one such time.

    DO NOT PAY.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    CM , Im thinking different vrn on ticket to one listed , get the guy to time out his 56 days to get correct info?

    Letter rejecting appeal arrived today (5 Jan 2017). Many thanks.

    was this email or royal mail?
    Save a Rachael

    buy a share in crapita
  • Letter was email (PDF).
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    ok , good , they may not have got your address yet , and at least a month has passed

    have you recieved a NTK thru the post yet?
    Save a Rachael

    buy a share in crapita
  • Nothing through the post.
  • They do have my address - I wrote to them (snail mail) as soon as I had the ticket on my car, explaining with photographs what had happened.
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