CPM Parking fine on leased car

Quentin

As already advised you were loading!


See #5


Have you talked to Londis?

outraged_

Nope. In the letter the pub sent to me it clearly states that they have spoken to Londis about their customers not using the car park.






I don't know what to do now as I have not received anything in the post yet.


I have accessed the"fine" through their website with the details Arval has given me and it is now £100 as opposed to £50.


Shall I challenge it now or wait until I receive something in the post?

nosferatu1001

NOT A FINE
Invoice.

You cannot challenge it yet, and having FULLY read the NEWBIES THREAD post 1 you will be entirely aware that you have to wait to see if they comply with hirer rules. THey will not. Meaning they can only hold the driver liable, not the keeper. Which means you need to go back over this thread and ensure noone can work out who drove.

outraged_

Hello everyone, thanks for all your replies.

I received today two letters: one was the "PCN" dated 12/09/18 demanding payment of £100 with a discounted amount of £60 if paid withing 14 days. But I also received a FORMAL DEMAND (dated 12/09/18 as well) of £100 saying this was overdue.

What do you suggest I do first? It seems they are clearly in breach of the 21 days rule, since the supposed unauthorised parking was on 07/08 and the letter sent to Arval was on the 21/08. Also, they have not even provided an address for the offence, it just says "ZZZ Court" (removed the name for confidentiality purposes), but it doesn't say anything about the pub, nor the correct address. It's a real SCAM!!

BUT and it's a big BUT. I made the mistake of contacting the pub asking them to remove the fine. They refused so if CPM contacts them they will work out I was the driver...


Although having read the threads that an appeal to UKCPM are futile, I have drafted something based on Edna Basher's template. Please let me know what you think.



[FONT=&quot]
[/FONT]
[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 the address of the alleged offence. 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]

Quentin

There's no mistake in complaints to the retailer and asking for a cancellation!

It's the easiest way to deal with a PCN and recommended here

As is never to reveal who was driving! (Eg see #14 above)

You need to edit your post to remove details of who was driving

Coupon-mad

You mean on this post? Why is that? I'm not sure I understand...

Because parking firms read these forums.

The Pub and CPM cannot conspire to discuss your phone contact. In fact you could contact the Pub one more time and hope to speak to someone who WILL cancel it, and if not, tell them that you do NOT authorise them to discuss these phone calls with their scam parking heavies.

Tell them they cannot breach data protection and privacy laws so if they will not simply cancel it for your company (which you know 100% they can do) they MUST make sure the phone calls are never discussed with the litigious ex-clampers they've put there to harass customers.

outraged_

Coupon-mad wrote: »

Because parking firms read these forums.

The Pub and CPM cannot conspire to discuss your phone contact. In fact you could contact the Pub one more time and hope to speak to someone who WILL cancel it, and if not, tell them that you do NOT authorise them to discuss these phone calls with their scam parking heavies.

Tell them they cannot breach data protection and privacy laws so if they will not simply cancel it for your company (which you know 100% they can do) they MUST make sure the phone calls are never discussed with the litigious ex-clampers they've put there to harass customers.

Oh ok, I will change it. However, I forwarded an email to the pub, not just a phone call. Have I messed things up ? Or still they can't breach data protection laws?

outraged_

Hello, I created a new thread which is separate from my current one which is the challenge to CPM.


I'm challenging a UKCPM parking fine which is wrong on many levels on a car leased by Arval.


they haven't paid the fine and transferred the liability to me, but are refusing to wave the admin fee.



Any ideas of what I should reply?


This is what they wrote to me.


For confidentiality purposes, my company is XXX below



[FONT=&quot]Thank you for your email. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The customer contract stipulates that the customer is responsible for penalty notices and similar offences, in this case, the notice was issued as a breach of the terms onsite. Arval discharge lability against the notice by nominating the hirer. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Private parking companies have more powers to reclaim parking charges due to the recent court case for Parking Eye Vs Beavis case, whereby the case was awarded to the parking company for unpaid charges. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]More private parking companies are issuing county court claims against any non payments for parking charges and the success of appealing against whether the notice is valid is now rarer due to this case. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We would request any driver challenging the validity of a fine to seek legal advise form a trusted professional and avoid any internet forums/newspaper articles as these can be either out of date or opinion based. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The admin fee would apply in this instance as the charge is contractual as per the agreement with XXX for processing the documentation for fines and parking charges. [/FONT]

outraged_

It gets better, now Arval sent an email saying they won't cancel the admin fee.


I created a new thread for advice on what to respond as I wrote as per this forum and it didn't work...

KeithP

You need to confirm that this statement is true "The customer contract stipulates that the customer is responsible for penalty notices and similar offences".

I wonder what "similar offences" actually means?

Keep in mind that being sent a speculative invoice by a private parking company is an alleged contractual arrangement and has nothing to do with any offence.

You also need to look at "the agreement with XXX for processing the documentation for fines and parking charges" to understand the details therein.