Please can someone advise me - no ticket on car, PCN from CPM

K874

Hi there, I honestly have read and tried to make sense of the stickie newbie threads at the top but I am still none the wiser as to how to best appeal a parking charge notice my husband received.
He received a Parking charge notice from CPM UK Car Park Management on the 28th Feb. They have 2 photos of his car parked in a private car park at 17.07. The physio practise that he was attending had informed him that he was allowed to park there after 5pm.
The letter is addressed to him and they say they have requested his detail from the DVLA.
So I am really confused as to how to appeal this correctly. The letter was issued on the 28th Feb but we didn't receive it until the 6th March.
If anyone can please help me work out what to do I'd be ever so grateful.
Thanks in advance,
K

Redx

check if they are BPA or IPC aos members, by checking those websites

then appeal using the appropriate template (there is one for each)

this will be turned down, but its the initial step so should be done as a paper exercise , do not expect it to work , a landholder complaint is your best method for a cancellation

K874

Thank you Redx - it does appear that they are a member of IPC.
On the template that I think is the correct one it says * should you obtain the registered keeper's data from the DVLA without reasonable cause ( ie if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research ) etc, etc .....'. Well - they have already obtained my husband's details - are they allowed to have done this? And how should I change the template according to that.
Also, the timings of the 2 photographs they have are at 17.07.28 and 17.07.33 - so I feel as though there is no proof that he was actually parked there, as opposed to just dropping somebody off potentially.
My husband is going to try to find the landholder's details tomorrow from his physio tomorrow so hopefully we can try that route.

Redx

"allowed" by who ?

any counter legal action would be retrospective , so the point of that paragraph is to warn them that a counter claim or action may result if they obtained those details without just cause in the first place, or subsequently

this is an unregulated industry , so by being a member of the IPC they are "allowed" to obtain those details, but whether it was "lawful" or not under the DPA remains to be seen

their KADOE contract "allows" them to obtain those details under strict rules, so unless you can prove they have broken those rules, then yes they would be "allowed" , but they may regret it if they have broken the DPA

we may not like it or agree with it, but that is a different matter and for now its not relevant

those templates should be used "as is" with little or NO alterations , so yes use the IPC template in black text (I knew which one it was but the point was to make you learn how to decide)

if the physio owns the land then the driver parked there with the landowners permission, so that could be added as an extra line, but if that physio does not own the land then they may not have had the authority to allow the driver to park there, so it is imperative that the driver finds out

UKCPM wont care, your appeal could say the moon is made of green cheese and they will still reject it , they wont actually read it, they will just use a template to reject it

there is no PROFIT in acceptance

K874

Okay - thank you Redx. I appreciate you kindly pointing me in the right direction, but I have to admit my brain is still reeling from all the acronyms, and different information that is here. I will write the IPC letter, as is, and in the meantime will try to get the landowners details and appeal to them directly.
I apologise if you read this and are frustrated by my inability to fully grasp everything correctly. I just feel like I'm totally bamboozled by all the advice so was hoping someone could put it in very simple terms.
Am I right, though, in telling my husband that we shouldn't pay the charge just yet?

Redx

I realise its new to you so have tried to simplify it, but you must realise that this is a complicated legal matter (like you see on RINDER on itv) and various laws and rules apply

the decision on paying is up to the person named on the invoice

Its not our job to tell a member what to do

I would not pay it if the circumstances described are correct, I would let a judge decide , especially if the person giving the parking permission owns the land and provides a sworn statement to that effect (but at the moment there is no proof they had the authority to grant such permission)

either way, the keeper or the driver may win in court on some other legal technicality, it happens all the time

it may be that the physio had no authority to issue such permission and the PPC might win in court , who knows ? I certainly dont and nobody else does too - court is a lottery , ask BARRY BEAVIS , he lost 3 times in 3 different courts to 10 out of 11 judges

K874

Okay - thank you again for your help. It is appreciated!

Coupon-mad

Make a complaint to the landowner first. None of us here would pay this.

K874

Thanks very much Coupon-mad....that's good to know that my instincts to not pay are the same as others out there.

Guys_Dad

Are there any signs in the car park and what do they say ?