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CPM fine for parking a 'commercial vehicle' outside my house

Hi
I have read the newbies guide, perhaps too late though?
12 days ago, I received a fine of £100 from CPM for parking a 'commercial vehicle' outside my own house after 7 pm , even though my parking permit was prominently displayed. It was a rented transit van from Enterprise that had no sign on it (it was a new, plain grey standard sized Transit). I used the van as a one-off to transport a large sofa to my house, and had no option but to park it outside overnight as I was returning the van the next day. I was completely unaware about the line on the estate sign that says 'no commercials between 7pm and 7 am' . I asked Which Legal for advice, and they said to appeal saying that it is not a commercial vehicle, but a generic rental vehicle and stating the reasons I was using as above. I placed the appeal last week. Today, I noticed that I have received no confirmation email that I am supposed to when making the appeal, so I resent it again via the website. Again, I had no email.

So, have I made a mistake here? Or what are my options? Thank you for any advice.
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Comments

  • Umkomaas
    Umkomaas Posts: 42,886 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    what are my options
    Wait for court proceedings to be issued, defend well (with help from the forum) and let a Judge decide this.

    The NEWBIES FAQ sticky, posts #1 and #3 tells you that no appeal to an IPC Operator has any chance of success.

    UKCPM are litigious, so wait to see what turns up in the post.
    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
  • Half_way
    Half_way Posts: 7,401 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You have not received a fine, but of more importance: why are you displaying a permit to park?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • spin0000
    spin0000 Posts: 9 Forumite
    Thank you for your responses.
    To clarify, I displayed my own parking permit for my own numbered bay, in which I was parked, in the windscreen of the rented van.
  • Do you rent or own the property?

    Is the parking space part of the property, or just a space on the "common areas"?

    What does your deeds/lease/AST say about parking?

    Signs put up by some privater company cannot overrule what your contract for the property says.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    In my opinion, a commercial vehicle is one used for commerce. Moving is sofa from A to B is not commerce.

    Are you a tenant or a leaseholder? What does your lease/AST say about parking? The lease trumps any signs erected by PPCs.

    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 House of Commons recently

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

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • Half_way
    Half_way Posts: 7,401 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do you rent or own the property?

    Is the parking space part of the property, or just a space on the "common areas"?

    What does your deeds/lease/AST say about parking?

    Signs put up by some privater company cannot overrule what your contract for the property says.


    As above whyare you displaying a permit to park in your space?
    It's as ridiculous as having a permit to use your own lavatory
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do you rent or own the property?

    Is the parking space part of the property, or just a space on the "common areas"?

    What does your deeds/lease/AST say about parking?

    Signs put up by some privater company cannot overrule what your contract for the property says.

    This.

    Plus is there anything in the lease about commercial vehicles? New build estates often have covenants about them. Ours actually "bans" them completely.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    But what is a commercial vehicle? Is it a fiesta van? Is it a four cab? is it a camper van, what about an Estate Agent's Beamer?
    You never know how far you can go until you go too far.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The_Deep wrote: »
    But what is a commercial vehicle? Is it a fiesta van? Is it a four cab? is it a camper van, what about an Estate Agent's Beamer?

    I don't usually use wiki but see no reason for them to have this wrong

    EU (love em or hate em) rule

    https://en.m.wikipedia.org/wiki/Commercial_vehicle

    It's been suggested on our estate that a commercial vehicle must have a logo on!
  • Fruitcake
    Fruitcake Posts: 59,419 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The UK Government DfT Vehicle Certification Agency does not define any type of vehicle as "commercial", even if it is designed specifically for the carriage of goods instead of passengers.


    The Cambridge online dictionary defines a commercial veihicle as one being used by a business.

    https://dictionary.cambridge.org/dictionary/english/commercial-vehicle
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
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