UK CPM postal ticket

Riverman10

Hi guys

I've read through the newbies section and some great advice ( if a little overwhelming ), just wondering if anyone had anything specific to my instance

Today I received a 'Parking Charge Notice' from UK Car Park Management
They have enclosed images of my car parked on double yellow lines so in that respect I have no defence, the layout is a McDonald's car park ( free ) by a drive thru and a petrol forecourt. My car is pictured on the double yellow lines outside the car park but inside the complex ( as far as I am aware there are no signs or anything relating to the area but as I state there is no defence in that my car is pictured on the double yellow lines )

My question more specifically relates to if this charge is legally enforceable ( as I may struggle with an appeal if it does go all the way to court as they have photographic evidence ) and also they have spelt the name of the place incorrectly. Inserting an extra "e" in the place name. Would this have any baring as a technicality in that my car isn't in a place they said it is

Apologies if stupid questions, I've read the newbies thread but not sure how I should proceed, any thoughts advice appreciated

KeithP

Please just send the blue text template appeal you will find in post #1 of the NEWBIES FAQ sticky thread.

Send it unaltered - no changes or alterations necessary.

Send it as the keeper.

That's all there is to it at this stage.

Coupon-mad

They have enclosed images of my car parked on double yellow lines so in that respect I have no defence

Really?! What do you think DYL mean in real life on street?

Clue - it's not a no stopping restriction. You can stop for a fair amount of time on DYL for various reasons. So their lines are misleading if they've issued a PCN within minutes.

And you won't struggle to defend this scam, honestly. We see 99% wins, consistently.

Riverman10

They've enclosed 2 images 6 minutes apart
I will send off the appeal template as suggested
I fully expect them to reject the appeal of course which is, I guess where it gets a lot more complicated ( obviously I will be waiting as advised until near the end if the appeal period to issue it )

Riverman10

Can I also add in here, reading paragraph 9 of POFA as advised in the newbies thread it states

A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid

In part A) they have the wrong place as they've spelt the name incorrectly, will this invalidate it
In parts B-D) there are no charges payable as the car park is free, they are obviously trying to get me for being on a DYL

Coupon-mad

No it is not invalidated by that.

And the car park in the Beavis case was free, too, and he lost at the Supreme Court! So neither of those observations assist you.

But this does:

They've enclosed 2 images 6 minutes apart

No grace period allowed, for you to read any signs about hours of operation, loading bans etc. And you can stop on a DYL for a few minutes for all sorts of thing including loading.

Come back at LBC stage and first, in the meantime, read para 2 of the NEWBIES thread to be prepared. Well worth fighting, no risk.

bisonsingh

Hi Riverman,

I believe I've parked at this same place near Dover !
I was wondering what the outcome of you case was? Did you appeal and see it through?
I've just received he same style PCN and 2 pictures that are exactly 2 minutes apart. I am registered disabled and the car is a mobility vehicle and classed as Disabled too, I don't have a blue badge (I am eligible but have never applied). I was wondering what I should do?

The_Deep

My question more specifically relates to if this charge is legally enforceable

Yes, if they have cleared all the hurdles set for them, and a judge orders you to pay.

However, nine times out of ten these tickets are scams so get your MP on board.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

bisonsingh wrote: »

Hi Riverman,

I believe I've parked at this same place near Dover !
I was wondering what the outcome of you case was? Did you appeal and see it through?

I've just received he same style PCN and 2 pictures that are exactly 2 minutes apart. I am registered disabled and the car is a mobility vehicle and classed as Disabled too, I don't have a blue badge (I am eligible but have never applied).

I was wondering what I should do?

You are asking an archive 2018 thread poster who hasn't been here at all, since last October. By clicking on his/her username you can see from the profile:

Last Activity: 31-10-2018 8:58 PM

There is no such thing as 'registered disabled' (no such register since the 1950's). You mean you have a Motability vehicle for your use, and meet the definition of disability in the Equality Act 2010.

Of course the person appealed as per KeithP's reply on 31/10/18 and only a deluded, clueless or scared victim would pay. Hopefully they also complained to the landowner and got it cancelled easily that way, as you can too if you are insistent and mention disability discrimination and lack of any ten minute grace period to read signs.

As per the NEWBIES thread advice that KethP signposted this poster to read. You can find that in two clicks, for here/any thread.
See my signature below (coloured writing) for where to click.

No link given.

bisonsingh

Hi Coupon-mad, I couldn't find a working link to click. Could you kindly post me in the right direction? Thank you in advance.

KeithP

bisonsingh wrote: »

Hi Coupon-mad, I couldn't find a working link to click. Could you kindly post me in the right direction? Thank you in advance.

Please read post #2 above for the information you are looking for.