CPM UK Car Park Management postal ticket

Circle1987

Hi guys,
Thought I'd start my own thread and post my journey to others.
The Driver was recently issued a Parking Charge Notice from the above company.
The offence took place on 18th Step 2018, and the notice was issued on the 15th day, 3rd Oct 2018, to which I received on the 16th day, 6th Oct 2018.



I posted replies on a few threads on MSE and other sites. Some people mentioned that 15 days issuing after the offence falls outside of Paragraph 9, schedule 4 of the Protection of Freedoms act 2012, so this would be my best defense. I came across a letter sent by a woman in exactly the same situation as me, and UKPCM cancelled her ticket the next day (also had the issue date 18 days after the offence). This is my reply to the PCN:

"Sirs,

Re PCN Number: [PCN does here].

I write with regards to the enclosed ‘Notice To Keeper’ (NTK) letter received from UK Car Park Management (UKCPM) on 6th October 2018, which refers to an alleged parking incident that took place on 18th September 2018.

As the registered keeper of the vehicle I dispute this purported 'parking charge'. I deny all liability and consider this notice to be nothing more than harassment and intimidation. There will be no admissions as to who was the driver at the time of the alleged offence and no assumptions should be drawn from this letter, nor was there any agreed contract.

As set out in Paragraph 9, schedule 4 of the Protection of Freedoms Act 2012 (POFA), where camera equipment has been used to allege a parking offence the NTK letter must be issued to the registered keeper of the vehicle within 14 days of the alleged incident occurring. In this instance the date of issue for the NTK letter is clearly stated as 3rd October 2018 – 15 days after the alleged incident has occurred.

The NTK letter issued is not compliant with the Protection of Freedoms Act 2012 and so as the registered keeper of the vehicle I cannot be pursued further on this matter: you must therefore cancel this PCN.

Should you fail to cancel this PCN I will require the following information with your rejection letter:
1. Dated photographs of the signs on site which you contend formed a contract.
2. All images taken of this vehicle on that day, at the material location.
3. A POPLA code so that an independent appeal can be lodged.

The ‘IAS’ appeals service mentioned in the initial letter from UKCPM is not acceptable. This service has been exposed in Parliament as compromised by a conflict of interests with the IPC to which UKCPM claims membership and has had its appeal process roundly condemned as unscrupulous and biased.

I will also advise at this time that further contact from UKCPM on this matter will be construed as misuse of the data obtained from the DVLA, and will be reported accordingly to both the DVLA and the information commissioner’s office (ICO).

Faithfully,
[Name goes here]"

I sent this reply today (Sunday 07/10/2018 10:30) so I will await a reply and post here if I get anywhere.

Right now, my thoughts are;

• Is 1 day over the 14 time frame a good defense?
• Will my ticket be easily cancelled just like the other woman's was?
• What could their reply be if they don't cancel the PCM?
• Should I just pay the £60 and be done with it?

We can only wait and see.

Redx

Circle1987 wrote: »

Right now, my thoughts are;

• Is 1 day over the 14 time frame a good defense?
• Will my ticket be easily cancelled just like the other woman's was?
• What could their reply be if they don't cancel the PCM?
• Should I just pay the £60 and be done with it?

.

the NTK needs to arrive with the keeper by day 15 , so needs to be posted by day 13 as the court system allows for 2 days posting time by Royal Mail , so check the postmark on the envelope and the issue date, it seems they issued and posted it on day 15 so they failed POFA2012 by their own paperwork


no its not a good defence, but it is one of many points that a defendant can put the claimant to strict proof on, a judge may allow it, or not, court is a lottery with judge bingo


so in effect, 7 days late is good , one day is not so good , compliance is even worse for a keeper


hard to say as any PPC routinely reject appeals out of hand and we dont think they bother reading them , 50/50 at best


if they fail to cancel they will offer the kangaroo court of the IAS, read about that stage in the NEWBIES FAQ sticky thread at the top of this forum


lastly, that is your choice to make, based on the time and effort this may cause in the next 6 years, ie:- a possible court case in your local county court


not our job to decide that for you, as an adult it is YOUR decision to make


good luck