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CPM, 5 separate tickets, missed appeal time

Hi all,

Like many other posters starting threads in here I think I found this advice a little late. I've read through the newbies thread and I know now that the keeper should have appealed the tickets received via CPM's appeal process before they advanced to the debt recovery stage, but that's where they are at right now. Here's the background:

The town is a small old place with tight streets and very limited parking. There's a block of flats with a large car park attached. Naturally every local resident parks in here due to the lack of on-street parking in the area. The keeper used to live in these flats, during which time there was no private parking scheme, but that was about 10 years ago or so. The keeper moved to an adjacent building and has continued parking in the car park until now, which over time has had some signage put up about parking restrictions. All of a sudden in July every car parked there had an invoice from CPM on the windscreen. The keeper's household received 5 in a week! One of the originally received tickets has an error on it saying that the car was parked in a city 15 miles away but the other 4 have correct details on. Letters have since been received from CPM with photographic evidence, and due to non-response by the keeper this has proceeded to CPM's debt recovery firm DRP. In this time the invoice value has increased to £160 per infraction, so £800 in total.

Unclear what the best course of action here is as the keeper has missed the opportunities to follow the forum advice using CPMs appeal process. I would assume from reading the advice and other threads that the next opportunity to intervene with the process is if/when a solicitors letter is received detailing court action.

There is not really much to defend sadly, there is signage up saying that the car park is private, although the wording is a bit small. Half the car park has no signs in it at all, but not the half the keeper's household's vehicles were parked in. I don't think the fact that the keeper had been parking there infringing their terms for 10 years is much of an excuse but the issuing of multiple tickets within such a short period of time is a bit harsh.

Any advice gratefully received...

Comments

  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There isn't a lot you can do for now - other than ignore the debt crawlers, read-up on the Newbies Sticky so you are able to respond to any LBC CPM may send (they have up to six years) and prepare a potential defence.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    toxo wrote: »
    I would assume from reading the advice and other threads that the next opportunity to intervene with the process is if/when a solicitors letter is received detailing court action.

    There is not really much to defend sadly, there is signage up saying that the car park is private, although the wording is a bit small. Half the car park has no signs in it at all, but not the half the keeper's household's vehicles were parked in. I don't think the fact that the keeper had been parking there infringing their terms for 10 years is much of an excuse but the issuing of multiple tickets within such a short period of time is a bit harsh.


    Well as Pogofish has rightly stated there isn't much you can do now, and you have summed up your situation petty much above, though why you think a money hungry company brought in to stop what you have been doing have been harsh I don't know!


    It's wait and see, though if this is CPMS their appearances in court are few and far between, who knows.
  • Umkomaas
    Umkomaas Posts: 44,401 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    if this is CPMS their appearances in court are few and far between, who knows.
    Conversely, if this is UKCPM, they are currently the most litigious parking company in the entire country.

    Perhaps you can clarify @OP - full particulars please.
    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
  • Apologies, I did not see that reply from @Umkomaas. It's UKCPM.

    I got the letters from DRP with the Gladstones logo on this week. Still no LBC, this is just DRP pretending to be the solicitors. I have managed to get one of the claims cancelled as the location stated on the NTK was incorrect (and impossible) so we are down to 4 now. Personally I think the amount of paperwork is bordering on harassment! 28 letters so far in total across 5 tickets.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 3 December 2018 at 10:31AM
    We are all sick to death with this mega scam.

    The Gladstones/IPC/IAS scam is now the new WONGA with their sick
    way of increasing the charges with fake amounts

    DRP with their rubbish letters are serial scammers but are
    those letters acting within the law.
    The ones we see from DRP are illegal

    MISLEADING AND AGGRESSIVE COMMERCIAL PRACTICES
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf

    Part 1: Liability for misleading and aggressive
    practices
    The 2008 Regulations make misleading actions unlawful
    (see regulation 5). An action by a trader is misleading if it
    contains false information or if it is likely to mislead
    the average consumer in its overall presentation.


    Consumer payments and “civil recovery”
    The Regulations amend the definition of a “transactional decision”
    to expressly cover demands for payment from a consumer in full
    or partial settlement of the consumer’s liabilities or purported
    liabilities to the trader (see reg 2(1A) of the 2008 Regulations).
    This means that misleading and aggressive practices in respect of
    such demands would now clearly lead to both criminal sanctions
    (under the 2008 Regulations)


    You will know if the letters received from DRP are illegal

    As far as the Gladstones rubbish goes, they are attempting to extort money
    from you by adding £60 per ticket. IT'S FAKE

    In addition to the 'parking charge', the Claimant's legal representatives,
    Gladstones, have artificially inflated the value of the Claim by
    adding costs of £60 which has not actually been incurred by the
    Claimant, and which are artificially invented figures in an attempt
    to circumvent the Small Claims costs rules using double recovery. >>>> thanks to bargepole


    You need to let these money monkeys know that you are not as stupid
    as they think you are
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    There's a block of flats with a large car park attached. Naturally every local resident parks in here due to the lack of on-street parking in the area.

    Is it any wonder these parasites flourish when this attitude prevails.
    You never know how far you can go until you go too far.
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