CPM Parking fine on leased car

outraged_

EDIT 2: Can you please let me know what you think of my "appeal" to UKCPM?


[FONT=&quot]We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 12th September 2018 and issued by UK Car Park Management Ltd to our company XXX Ltd ("XXX”) in respect of an unpaid parking charge allegedly incurred at “zzz Court” on 7th August 2018.[/FONT]
[FONT=&quot]
We confirm that XXX is the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.[/FONT]
[FONT=&quot]
Although the PCN states the reason for issue as "Unauthorised parking", it provides no evidence to support this claim, nor does it even provide an address of where the alleged offence took place. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for UK Car Park Management Ltd to expect us to pay this charge.

Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently UK Car Park Management Ltd has forfeited any right to claim unpaid parking charges from XXX as the vehicle's hirer and keeper.[/FONT]
[FONT=&quot]
Within 28 days please provide us with written confirmation of UK Car Park Management Ltd’s acceptance that it cannot and does not hold XXX liable for this parking charge and that this is now purely a matter between UK Car Park Management Ltd and the driver.[/FONT]
[FONT=&quot]
Thank you for your cooperation and we look forward to receiving this confirmation.[/FONT]




EDIT: now the pub called me and said they reviewed the footage and I came back with a box and didn't go in the pub
Yes, I did because I went to Londis next door to deliver a DPD package.
If I really didn't use the pub on that day, is it still worth trying to appeal it?
The woman says is part of their licence the car park enforcement and they are forced to do this by the police.
Would it be true? I just need to know if it's worth the aggro of appealing or whether I should just pay it...




ORIGINAL POST

I just received an email from our leasing company saying I received a parking fine from CPM.

Also, the leasing company will obviously transfer the liability to my company.

My question is, what's the next step I should take if the pub refuses the cancel this PCN? Reading their reviews online it is likely they will, as new owners seem very unpleasant.


Many thanks in advance!

Le_Kirk

Read the terms of your lease contract and check out whether they can charge you admin fees or not for passing on info like this. It is likely they can only pass on FINES and this is not, it is a speculative invoice. Make sure they do not pay it for you.

Then go here and scroll to the bottom of the page and follow the advice for hires/leased cars.

outraged_

Thanks. They can charge an admin fee of £12.50 but I am responsible for paying fines, so they haven't paid this on my behalf. The admin fee is not charged if this is successfully appealed.

outraged_

OK, so now the pub called me and said they reviewed the footage and I came back with a box and didn't go in the pub


Yes, I did because I went to Londis next door to deliver a DPD package.


If I really didn't use the pub on that day, is it still worth trying to appeal it?


The woman says is part of their licence the car park enforcement and they are forced to do this by the police.


Would it be true? I just need to know if it's worth the aggro of appealing or whether I should just pay it...

Le_Kirk

Therefore you were loading/unloading/delivering not parking. Search forum for similar cases, there have been some recently. Maybe talk to Londis and get them to liaise with the pub to cancel the PCN on your behalf. Did you see any signs in the car park?

Half_way

you say your responsible for paying fines, and they charge you an admin fee.
As this is not a fine, what grounds do they have for the admin fee?
also if the stay was under 10 minutes, what grounds does the PPC have for the initial charge?

Coupon-mad

The woman says is part of their licence the car park enforcement and they are forced to do this by the police.

Would it be true?

No, it's a partial lie. I expect their licence MIGHT include 'car park enforcement' but they are not forced to use a parking firm or to harass people, or refuse to cancel unfair charges.

I just received an email from our leasing company saying I received a parking fine from CPM.
...the leasing company will obviously transfer the liability to me.

Good, at least that removes the lease firm from the equation. You must then dispute the charge and say that the driver was unloading and that no fair grace period was allowed for that activity. No need to say where you were unloading to.

UKCPM will reject that appeal (they always do), and offer IAS that you WILL NOT try (because you will have read post #3 of the NEWBIES thread, and know all about that kangaroo court!).

But by going through the motions of disputing/appealing the charge, it means they can't revert to the lase firm, and any court claim will be issued to you, at the address you give now. Update UKCPM if you move in the next 6 years...yes, 6 years.

Read other UKCPM threads, loads here, loads at court defence stage. 99% won.

outraged_

Thanks for all your replies. So far I received nothing from UKCPM, but I have received an invoice from the leasing company as admin fee, even though I sent them an email advising that this was not a fine.


I will cancel the direct debit to make sure they don't take that money and then try and revert this again.


Any letter suggestions?


Many thanks again!

outraged_

Half_way wrote: »

you say your responsible for paying fines, and they charge you an admin fee.
As this is not a fine, what grounds do they have for the admin fee?
also if the stay was under 10 minutes, what grounds does the PPC have for the initial charge?

This is what Arval says in their T&Cs


Why am I charged an Administration Fee?


When you or your company signed the agreement contract at the start of your lease, you agreed as the
hire
r that Arval is entitled to charge you a reasonable administration fee for any work carried out, or
documentation processed, relating to the Liability. The cost of the administration fee is included in your
letter. This charge covers the work
involved in
processing your fine or penalty notice charge with the
Issuer and you.
Please be aware that the administration charge may show in the next invoice before the fine/charge is
reissued by the authority.

nosferatu1001

It isnt a fine or penalty (under the statute meaning of those words)
As such there is no admin fee to pay

Dont cancel your DD, if that puts you in breach of contract elsewhere. What you do is you use the g'tee to recover the unauthorised amoubt.

outraged_

nosferatu1001 wrote: »

It isnt a fine or penalty (under the statute meaning of those words)
As such there is no admin fee to pay

Dont cancel your DD, if that puts you in breach of contract elsewhere. What you do is you use the g'tee to recover the unauthorised amount.

Thanks, unfortunately I already did. This is my last month left of the lease and everything is paid off, the only invoice I have is this £12.50 + VAT


So far I received nothing from CPM, so I suspect I just do nothing?


I can access the fine with the details sent to me on Arval's email, it doesn't say how long I stayed, but it does show the sign right in front of the car. I suspect there's no grace as, according to the pub, I can be seen on CCTV going to Londis and not going in the pub.


Finally, the pub lady forwarded the letter from the licensing officer which indeed told her to something about the car park as it's considered "a risk for the residents". In the letter it says it needs to have CCTV and be enforced that it is for pub users only. But it also says that she should consider traffic calming measures like speed bumps, barrier control and width restrictions.


I doesn't say anything about ripping people off with disproportionate "fines"