IAS APPEAL....feedback appreciated

Fruitcake

Blibble wrote: »

Coupon-mad - would it be worth redacting OP's quote you've put in post 20 as quoting this reveals driver?

It's more important that the OP redacts the info from the two posts I have mentioned. C-m's quote doesn't actually give the username, so is less damaging, but we should all be careful when quoting someone else's post.

Southernsoftie_jo

Thanks guys, have sorted

What did I put in post 12, I've re read it and can't see what's wrong??

DoaM

I think post #19 didn't appreciate that post #12 was in respect of post #7.

Southernsoftie_jo

I posted recently but am a bit more clued up after researching and hoping for some advice on how to defend my claim, were it to progress to court. Pictures in next comment.

I recently received a PCN from UK CPM for allegedly not displaying a permit when parked on private land which they manage. I intend to fight this all the way as it is grossly unreasonable in my opinion. I will outline the facts and would appreciate any thoughts on what to expect next in the process and what action, if any which I should take.

I am the registered keeper of the vehicle, but was not driving nor in the vehicle on the day.

The car was parked for a period of approx 10 mins in a visitor bay off what was believed to be public road. You enter the area by turning off a roundabout (public road) and immediately are then on the private land....apparently. As you can imagine signage terrible and in no way would someone know it was private land unless you knew the area! (No GSV images as flats too new)

NB the driver was visiting a nearby stream on a fishing reccy (and briefly met a friend there - potential witness as to length of stay, although did not see car arrive/depart?)

I do not live at these flats nor was the driver visiting a resident. Only looking for fish.

When coming off the roundabout there is a sign (badly damaged, unlit, small text and over 7ft high). Not visible to a driver looking straight ahead, on seemingly public road travelling at 15-20mph.

There is another sign nearer to where car parked which in my opinion relates to land beyond the sign, also 7ft high, small text which does not alert driver to private property and need for a permit.


No NTD issued, first we knew about it was the NTK which arrrived a few days later.

I have attached an image of the NTK dated 21/02/2017. As far as I can see it complies with POFA other than;

-land car parked on stated as 'Lecton Place'. This is the name of the block of flats! As I wasn't driving, it actually took me about 20 minutes to work out exactly where this must be as even if you Google it you don't get an answer. Doesn't even state the town, postcode, county, country! Just Lecton Place! A quick Google of lecton place brings up a building that IS NOT the flats where the car was parked.

So I don't believe this to be adequate.

-also the letter does not state the driver is liable, the letter is addressed to me and indicates I should pay OR tell them who was driving.

-letter does not state maximum costs that they may seek to recover, just that of the £100 charge

-identification of 'creditor' - would that be CPM? Letter headed from CPM and they refer to 'we' by which I presume CPM, is that identification of creditor?

I followed internal appeals process and sent a letter to them (see image) which was duly rejected and was advised to pay charge or next step IAS appeal.

AM NOW IGNORING

I have not communicated any further, and am happy to continue to ignore until court papers arrive.

What are people's thoughts about the circumstances? Possible defence?

Key points I plan on using;

Car parked 10mins only (grace period?)

Terrible signage

No contract established due to poor signage therefore cannot be liable for charge

I was not driving and NTK not POFA compliant (not 100% sure on this - would value thoughts)

Thanks for your input.

I am wondering what will happen after the debt collectors letters get ignored? What's the process after that when they realise I am ignoring. I am happy to go to court over this. One of the letters states it is difficult (!) for CPM to submit verbal evidence before the court - do they try to avoid court? I would insist upon it!!!

Southernsoftie_jo

http://s1376.photobucket.com/user/Jodyson18/library/

Redx

Southernsoftie_jo wrote: »

1) I am wondering what will happen after the debt collectors letters get ignored?

2) What's the process after that when they realise I am ignoring.

3) I am happy to go to court over this. One of the letters states it is difficult (!) for CPM to submit verbal evidence before the court - do they try to avoid court? I would insist upon it!!!

1) there is no process , its DCA LETTERS for up to 6 years ONLY !!

2) an MCOL from Northampton IF they wish to continue their alleged claim

3) good , until that happens and a judge rules in your favour or theirs , its stalemate , they are demanding money with menaces for an alleged debt, you are saying FRO and NO , not gonna happen unless I lose in court , so bring it on if you think you are hard enough

Southernsoftie_jo

Thanks.
So do you think continuing to ignore at this stage is the best way forwards?
I'm anxious not to waste my time on this

Also if and when should I state Inwas not driving? So far I have neither confirmed or denied

Redx

the recommendations here are to ignore unless you get an LBC or an MCOL within 6 years (in the post)

then deal with it if you get either of those , which is when your time is relevant

unless you wish to pay up in full, there are no other choices but getting a landowner cancellation or their support is always a good idea

otherwise its sit it out pending an LBC or an MCOL

if they can prove POFA2012 relevance to a judge then the drivers details are not relevant

if they failed POFA2012, then its relevant in your court defence so not until that point in time

Coupon-mad

This is confusing isolated here. Your two threads need merging.

Southernsoftie_jo

How do I do this, sorry for confusion!