Cpm/drp

Arrant123

Hi,
After searching previous threads and not finding any information, I have a question.

I gave my son my old car, inbetween changing details of ownership he was ticketed at his home address ( he lives at his mothers). I received a parking charge letter from "CPM" . I filled in the " transfer of liability section an returned it to them and the following 2 other letters. My son has received a letter now as well.
Today I received a letter from "DRP" asking for £160 , I rang them to explain the situation an they allegedly checked CPM'S records and said CPM have no record of any of my transfer of liability and either I or my son should pay up, after telling them that's not happening they hung up .
Any advice will be welcomed
Regards Arran

kryten3000

Sounds like they wrote to your son and he's not responded, so they're trying to get you to pay up as keeper.

Thing is, you have discharged your responsibility by naming the driver and providing a serviceable address. CPM can now only pursue the driver.

It's a shame you've named your son as there's a good that the CPM Notice to Keeper doesn't comply with the Protection of Freedoms Act, so you would not have been liable in any case.

You can ignore DRP: Don't Reply, Powerless.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Arrant123

Good morning
Well my case has reached the court stage, I received my court claim form yesterday dated the 10/12/18 . I have filled in the AOS form today by my calculation I have to get everything done by the 6th jan 2019. I am now going to research my defence, as stated above I was the registered keeper but my son had the car, any help will be appreciated. Going to read the stickies again now.
Regards

Half_way

Do you have any records that can prove you discharged liablity ( ie sent CPM the information) ?
sent email box/postage certificate ( receipt)?

Arrant123

No, unfortunately I was unaware how bad these companies are, I just cut off the transfers of liability sections an posted. How could they have got my sons address without receiving them, he now is receiving fines an I was the registered keeper

Umkomaas

Your son should send the PPC a SAR for information about how they accessed his data. You could also send them one about your data.

Plan what it is you're going to ask for, so you get them to reveal all their cards.

Here's how the GDPR and SARs were discussed on tgevforum at the outset.

https://forums.moneysavingexpert.com/discussion/5849784

And a SAR template (fill in what it is that each of you wish to ask of the PPC) from Legal Beagles

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

KeithP

Arrant123 wrote: »

I received my court claim form yesterday dated the 10/12/18 .

With a Claim Issue Date of 10th December and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 14th January 2019 to file your Defence.

That's nearly a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

Arrant123

Hi, would this be a defence or do I need to go all legal?







IN THE COUNTY COURT

CLAIM No: CXXXXXX

BETWEEN:

Ukpcm(Claimant)

-and-

Xxxxxxxxxx (Defendant)

________________________________________
DEFENCE STATEMENT
________________________________________
The Defendant denies the Claimant is entitled to any parking charges / damages indemnity costs interest or any monies at all with this claim and any further claims of vehicle xxxxx

(1) The Defendant was the keeper of vehicle xxxxxxx ( vehicle xxxxxx no longer belongs to Defendant) at the time of alleged incidents but the vehicle was in the possession of Dave

(2) The Defendant ceased insurance on vehicle on 27/12/17 when he lent the vehicle to Dave
(See e1 letter from insurance company)

(3) The Defendant notified the Claimant with the "Transfer of Liability" forms on the reverse of the PCN

(4) The Claimant is pursuing Dave for PCN of vehicle xxxxxx with information given by Defendant even though the Claimant denies receiving any and the claim is between dates of Defendants
(See e2 county court claim )

(5) The Defendant believes the Claimant is trying to bully the Defendant into unfair payment because the driver named is unresponsive

(6)The incident times on the PCN are extremely late past midnight and the Defendant would have no business being at his ex-wifes address at such a time.
(See e3 e4 e5 pcn notifications)

"I believe the facts contained in this Defence Statement are true."

Signed xxxxxxxxx Date xxxxx

I am trying to get a letter from the driver when he insured the vehicle an when he took possession which I shall add to defence

Arrant123

Can one of the regulars posters cast their eye over my attempt at a defence
Thank you