IAS Appeal dismissal

Roshi

Hi


I recently appealed a parking notice from UK CPM ltd via the IAS
see below :


MY ORIGINAL APPEAL :
as well as the residents park our cars here regularly, my vehicle has been parked here weekly for the past 2 yrs and I have never received a parking invoice. It is causing no damage or obstruction to other cars as you can see from the photo I have uploaded there is a car access the road at ease. The signage that the CPM have on display is illegal and therefore not valid. they have the BPA symbol for accredited operator on and they are not accredited operators they are members only. I have photos uploaded also and I have checked with the BPA. The " contract is therefore not valid. Not to mention the height of the signage makes it un readable.




CPM RESPONDED:
The operator reported that...

The appellant was the keeper.
The operator is seeking keeper liability in accordance with PoFA..
The Notice to Keeper (Non-ANPR) was sent on 31/01/2017.
A manual ticket was placed on the vehicle.
The ticket was issued on 28/12/2016.
The charge is based in Contract.


The operator made the following comments...

The appellant has parked on an access road/roadway. The appellant has parked within clear view of our sign. Signage clearly states "NO PARKING ON ACCESS ROADS & NO PARKING OUTSIDE OF A DESIGNATED AREA/PARKING BAY". By the appellant parking at the restricted area, they have contractually agreed to pay the parking charge notice.

Markings on roadways such as yellow lines are not applicable within private land. All signage clearly states the terms and conditions of parking and therefore parking restrictions were clearly breached and a parking charge notice was subsequently issued.

UK CPM no longer uses the “Approved member” BPA logo but as we are still a corporate member of BPA we are still authorised to use the standard BPA logo on our literature. Currently we are working towards removing the logo from all of our signs, as you can appreciate we have thousands of sites throughout the UK therefore we were given time to ensure they were all removed.


MY RESPONSE :


The place of which the vehicle was parked is not causing damage or obstructing through roads and it is not clear that you are unable to park there. Having parked there regularly for over two years without a parking notice. Not consistence in handing out notices. The sign on site clearly still states registered operator of BPA of which they are not. The BPA have confirmed this sigh is not legitimate while displaying the approved operator badge unless the company are a approved operator. Therefore making the " contract" not valid. I appreciate they have many sites but this is not down to me to mange. The sign has stated that logo since the day the parking notice was received plenty of time to remove signage. Either way the sign is not legal making the contract invalid.




INDEPENDENT ADJUDICATOR RESPONSE


The Operator has provided evidence of the signs at the site, which make it clear any driver parking on the roadway may be issued with the parking charge notice. The Operator has also provided photographic evidence of the Appellant’s vehicle parked on the land managed by the Operator, in close proximity to a sign advertising the terms, and on the roadway. Therefore, I am satisfied there is a prima facie case the charge is lawful.

The Appellant argues they have parked at this location for two years without any issues and caused no obstruction. I am unable to consider previous parking behaviour as this is irrelevant to the question of whether the parking charge notice was lawfully issued. In addition the terms make no exception for those not causing obstruction.

The Appellant further contends there could be no lawful contract as the sign refers to the BPA, when the Operator is not an accredited member, and the sign is too high to be legible. In relation to the first point, as the Operator mentions they remain corporate members of the BPA, which entitles them to use the logo. Even if this were wildly inaccurate and the Operator simply failed to change the logo on their sign it would not alter the terms, or the fact the Appellant agreed to them by parking as they did. The Appellant has provided a photograph of the sign, which appears high, but there is nothing against which to judge this, such as a vehicle to assess the height and scale. There is no evidence this cannot be read when stood near to the sign.

The appeal is dismissed.




can anyone advise me on what to do next,


Thank you in advance

Umkomaas

can anyone advise me on what to do next,

There is nothing you can do next, other than pay (not recommended) or wait to see what the next move of CPM is.

Sorry to say this, but we don't recommend any appeal to the IAS unless it is absolutely watertight and has corroborated and irrefutable evidence to support it. If you don't mind me saying, yours was extremely weak and would not have even succeeded at POPLA (the BPA's version of the IAS) where it is far easier to win.

Now UKCPM have an 'independent adjudication' 'vindicating' their charge and are likely to be waving this in front of a judge in the no too distant future.

Be prepared for a Letter Before Claim from Gladstones as the precursor to court papers being issued. Do plenty of advance preparation for this (it will position you better to deal with it) by reading the NEWBIES FAQ sticky, especially Section 2 where there is invaluable advice prepared by forum court expert 'bargepole'.

Roshi

Ok Thank you.


I feel like I may just have to pay, Do you have any advise on anything I can do in regards to negotiations on monthly payments as I am not in a position to pay in a lump sum ? If I offered this would they then be able to pursue me through the courts?


Rosh

Umkomaas

If you offered any kind of payment they would then ramp up the pressure on you to get you to agree to pay them in full. I don't know anything about payment plans.

But are you not going to fight this, because we help with defences and have been 99% successful in batting Gladstones away. But you've got to be up for it and put in plenty of legwork to win and avoid the charge.

You don't need to do anything instantly so have a read of other Gladstones cases and the work (with forum help) you'd need to do fight this successfully. Make your decision after a bit more research.

waamo

This lot issued over 58 thousand tickets last year and only took 10 of those to court.

I would hang fire and see what they do. They normally send swathes of scary paperwork in the hope that you will pay. If you don't they usually give up and move on to an easier target.

That's not to say they won't try court but it would be highly unusual for them. In which case it might be better to keep your head down and fly under the radar rather than look like easy pickings.

Roshi

ok I will research` as much as I can, I am finding it very difficult to as I don't understand it all, and thought I had previously done enough but I do agree with you my defence was weak still. I am dealing with a family death at the moment also.


I am happy to fight this and will appreciate any help you can offer. I will read the threads you have advised,


Thank you again

Roshi

I really don't want to have court papers served either as I am in the process of mortgage hunting. I wont be able to go court so will it get that far ?

Roshi

thank you ...

waamo

Roshi wrote: »

I really don't want to have court papers served either as I am in the process of mortgage hunting. I wont be able to go court so will it get that far ?

Merely getting paperwork won't affect a mortgage. If you get court paperwork people here will help with a defence.

If worst comes to worse and it goes to court and you lose you still get 28 days to pay before a ccj is registered. It also takes several months to get to court.

In other words even if the worst case scenario happened you would still get time to save up to pay it off.

yotmon

Roshi wrote: »

I really don't want to have court papers served either as I am in the process of mortgage hunting. I wont be able to go court so will it get that far ?

I wouldn't worry too much re' court. There is never a rush to get you there, as they prefer to get their debt collectors involved to send a few letters out. They have 6 years to sue you, so sit back, relax, read a few threads on here to understand the 'game' and if they do attempt court, come back and request help with your defence.

One thing for sure - Do not consider payment !

Half_way

is this a residential site? are you a resident?
regardless of the above you need to dismantle the ias result, and look for holes in its claim to be independent, which shouldn't be difficult.