CPM private road parking charge notice

Brinne99

Hi,

I was hoping for some advice concerning a PCN a driver received yesterday.

Our street was having road repairs so the driver parked the car down a street at the end of the road. When the driver returned they found a PCN.
Issue reason 1: No parking on access roads / roadway.
Issue reason 2: No parking outside a designated area.

The driver was under the impression that the road was public and had no restrictions.

However I have found out from the council that it is a private road in the process of being handed over to highways.

The driver also parked directly under two large signs, quite high up that set out you can not park on the road. CPM signs.

The road is just a slight hill leading down to a row of flats. No markings on the road.

The driver was also parked just ahead of four visitor bays, not blocking them. It is beside these bays where the sign is up.

At first I thought that it was a public road and that the company were chancing issuing the ticket. However, now that it's clearly a private road I am not sure what the driver should do.

The other thing is that they seem to have not listed the actual road name on the PCN. Instead of the road name, which is clear on the two road signs as you turn in they have put the name of the block of flats that is down the road around the corner. Not sure if this has a bearing?

The driver is elderly and could do without the stress. Although the driver is quite tenacious so would be happy to keep their hard earned money to herself rather than add to CPM's coffers.

The mistake on the location is all I can think of as a reason for defence. Do they need to list the correct road name even if it is a private road?

So far we have made no contact with CPM.

Any advice is greatly appreciated, many thanks.

Brinne.

Redx

have you read the NEWBIES FAQ sticky thread yet ? near the top of this forum

Brinne99

Hi Redx,

Yes I have read the thread. I couldn't find anything that may answer the wrong details for location question.

Brinne.

Fruitcake

The relevant part of the NEWBIES is the bit that tells you not to think your case is different and go looking for an exact match.

Nearly all PCNs are the same and the advice is nearly always the same, no matter what the circumstances.

CPM are IPC members, so, wait for the NTK then send the appeal template in blue from the NEWBIES then read up on what to do if/when it is rejected.

Please confirm which CPM you are dealing with as there are two with the same initials.
Countrywide Parking Management Ltd
UK Car Park Management Ltd

Get your own pics of the area and signs.

Complain to your MP about this unregulated scam.

Redx

as above, because the PPC wont cancel this pcn, no matter what you think or say

the initial appeal is a paper excercise only

if it goes to court, a judge can decide about the "location" aspect, or any other aspects


and if you had read that thread, you should have said so in post #1, so that we would all know

Brinne99

Redx, Fruitcake,

Thank you both for your replies.

The company is UK Car Park Management.

I've spent hours reading the threads and great advice on these forums and elsewhere. So much so that my head is in a spin!

I think I am missing a trick or the information is going straight over my head. Are either of you able to clarify this for me...

I started this process of helping the driver with the belief that these PCN's were unenforceable and they could be ignored. That they were no more than mere invoices and the parking scammers had no means to make you pay.

Then I read about the supreme Court case in 2015 which changed things to make is harder for the motorist.

My question is, maybe naively, what is the

Brinne99

Sorry I hit send before I finished!

Redx, Fruitcake,

Thank you both for your replies.

The company is UK Car Park Management.

I've spent hours reading the threads and great advice on these forums and elsewhere. So much so that my head is in a spin!

I think I am missing a trick or the information is going straight over my head. Are either of you able to clarify this for me...

I started this process of helping the driver with the belief that these PCN's were unenforceable and they could be ignored. That they were no more than mere invoices and the parking scammers had no means to make you pay.

Then I read about the supreme Court case in 2015 which changed things to make is harder for the motorist.

My question is, maybe naively, what is the actual grounds to getting a ticket overturned if it does go to court and you don't have a defence and the parking ticket firms have fufilled their obligations set out vaguely in law?

I guess that's why I am trying to establish early on what grounds to fight this charge.

Can I just really on the fact that the company won't bother taking it to court and will give up pursuing it?

Also I will definitely write and complain to my local MP. Anything help towards putting these forms out of business.

Many thanks

Brinne

Fruitcake

UKCPM take many people to court, so don't think this will go away.

Take this one step at a time and don't rush, and don't get a head of yourself.

Start with the initial appeal once the NTK has arrived as already advised. Once that has been sent, THEN start to think about the next steps.

A defence would include, not the landowner, no standing to bring charges, non PoFA complaint NTK, inadequate signage, and anything else you can dig up along the way.
If the signs said, no parking, then there is no offer to park, and therefore no contract, therefore no infringement.

Get pics of those signs ASAP!

Brinne99

I have just received the NTK from UKCPM.

I am going to follow the advice in the newbie thread and send the blue appeal details.

I was just wondering about the following?

The registered keeper at the time had just had a triple heart bypass and wasn't in a fit state to drive, and was still within the 4 week self imposed driving ban as advised by the DVLA. He was not the driver at the time due to this when the ticket was given.

Should I mention this at this stage of the appeal? Would it help at all?

Also from reading the threads am I right in thinking that as UKCPM are IPC that I won't receive a POPLA number from them? If so what would be the next stage of appeal if the initial appeal is turned down?

Many thanks,

Brinne.

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Egbert_Nobacon

Rely on the good advice from Redx and Fruitcake.
I wouldn’t bother with any mention of medical conditions at this stage but could be useful later.
After the blue appeal just wait and watch for court papers.
In the meantime read,read and read some more to prepare your defence.
You will beat the scammers on the same points as everyone else.
As you read you will see why any IPC appeal is pointless and what to do with debt collector begging letters.