CPM Parking fine on leased car

Quentin

PM a board guide and ask for your threads to be merged

nosferatu1001

The T&C only mention
fine
penalty charge notice

Neither term includes Private parking charge notices, which have no force in law unlike a fine or penalty charge notice.
As above, take them to the dispute resolution service, or just point out to them that you will perform a chargeback (if on card) as they had no power to take the payment under their own T&C.

They have no excuse not to be aware of the difference. None.

outraged_

Can you pleasee let me know what you think of my reply to Arval?

[FONT=&quot]This case is being dealt with accordingly, but it obviously takes time. A challenge has been sent to UK Car Park Management Ltd, but they are well known for ignoring it and expecting people to just pay it out of fear.[/FONT]

[FONT=&quot]Please be aware the [/FONT][FONT=&quot]Parking Eye Vs Beavis case is completely different to the one in question here. We have not ignored the ticket; Barry Beavis did, until it eventually went to the Supreme Court. Parking companies now believe they can ticket everyone and just ignored the fact that Beavis's case was only about the fairness of £100, which was ruled as fair by the Supreme Court. This decision created a huge problem for the County Courts who are now flooded with timewasting cases.[/FONT]

[FONT=&quot]Our company only received the “PCN” yesterday and there are many errors in it. although it 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. It just says ZZZ Court, with no other details or post code. 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 also 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 for unauthorised parking from XXX Ltd as the vehicle's hirer and keeper.[/FONT]

[FONT=&quot]It is crucial here that this is not a fine, this is an abusive speculative invoice.[/FONT]

[FONT=&quot]The Parking Eye Vs Beavis case is from 2015. In 2018 this issue has been discussed in parliament, please see the below excerpt from Hansard:[/FONT]

[FONT=&quot]https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill[/FONT]
[FONT=&quot]
[/FONT][FONT=&quot]Finally, Arval’s T&C’s only mention “fines” and “Penalty charge notices”.

Neither term includes Private parking charge notices, which have no force in law unlike a fine or penalty charge notice. [/FONT]
[FONT=&quot]
Consequently, Arval has no power to take this payment under its own T&C.

Yours sincerely,[/FONT]

outraged_

Quentin wrote: »

PM a board guide and ask for your threads to be merged

I just did, many thanks!

KeithP

You have two paragraphs starting "Finally...".

That can't be right.

Coupon-mad

Maybe try to educate them on the IAS?

This case is being dealt with accordingly, but it obviously takes time. A challenge has been sent to UK Car Park Management Ltd, but they are well known for ignoring it and expecting people to just pay it out of fear.

On case you didn't realise it, this bunch are ex-clampers who are not members of the BPA, and despite the existence of an entity called the 'IAS' in fact there is no independent appeals service worth any victim (company or individual) trying.

There is no POPLA stage with this bunch, no chance of any appeal being 'accepted'. Your terms (even if intended to include these scam PCNs) are void for impossibility. It is impossible for a victim to achieve cancellation of an IPC firm PCN.

However, they are able to be beaten in court, which will eventually see it cancelled.

And at the end you've said nothing to point the way forward, and NOTHING about the BVRLA dispute resolution, and nothing about a deadline for Arval to reply before you refer it to the BVRLA.

And what about threatening to remove your business and take it to a lease firm that doesn't do this and simply passes the notice to the hirer without a ludicrous rake off?

outraged_

KeithP wrote: »

You have two paragraphs starting "Finally...".

That can't be right.

Yes of course, I changed that before sending it. Thanks!

outraged_

Coupon-mad wrote: »

Maybe try to educate them on the IAS?



Ans at the end you've said nothing to point the way forward, and NOTHING about the BVRLA dispute resolution, and nothing about a deadline for Arval to reply before you refer it to the BVRLA.

And what about threatening to remove your business and take it to a lease firm that doesn't do this and simply passes the notice to the hirer without a ludicrous rake off?

I just thought I'd better educate them on this first before threatening to go to the BVRLA. In case they still refuse it, then I will threat the BVRLA. Or do you think I should just say this now?

outraged_

Coupon-mad wrote: »

Maybe try to educate them on the IAS?



Ans at the end you've said nothing to point the way forward, and NOTHING about the BVRLA dispute resolution, and nothing about a deadline for Arval to reply before you refer it to the BVRLA.

And what about threatening to remove your business and take it to a lease firm that doesn't do this and simply passes the notice to the hirer without a ludicrous rake off?

Is there a set deadline before referring them to the BVRLA?


On the fees, they all do it. There;s not a single lease firm that doesn't charge an admin fee for passing on the liability unfortunately...

System

Is there a set deadline before referring them to the BVRLA?

Ask the BVRLA