CMS Parking Wilmslow

mancvaliant

Evening,

Looking for a bit of advice on CMS.

The driver parked in a public car park owned by the local council Cheshire East but as it turns they lease some space to local companies. The driver parked her car there at 14.50 and paid for a ticket at the machine, the driver didnt notice the signs saying it was a seperate area for private companies but there the driver came back 25 minutes late to find a ticket, issued at 15.00. There were alot of spare spaces at the time, and given its for a business well into their working day its unlikely they would all need to be used. The ticket is £60 raising to £100 the cost of the parking for the allotted time is 70p!!!!!

The ticket they issued says 'on behalf of the landowner' , they are clearly not the landowner. I understand that the spaces are actually leased to the Emmersen Group, a nearby office occupier.

They are a member of IPC and i've read the intro thread. Anyone had any experience with them? Do I have a chance of getting it overturned? Best bet seems to be the 'landowner' thing?

I'm reluctant to give into the bullies but if there is little change I may as well save £40.

Any help much appreciated.

Thanks

M

ShakeItOff

Firstly, I would suggest editing your post so that it is more "the driver parked", not naming who.

Next up, you need to check out the NEWBIES thread at the top and read through post #1 on appealing. Just be sure not to mention who the driver was in your correspondence and definitely do not call them.

Coupon-mad

Do I have a chance of getting it overturned?

Not with any appeal, but certainly if they try a small claim, we win 99% of the time.

Redx

mancvaliant wrote: »

evening
Looking for a bit of advice on CMS.

the DRIVER parked in a public car park owned by the local council Cheshire East but as it turns they lease some space to local companies.

THEY parked THE car there at 14.50 and paid for a ticket at the machine, THEY didnt notice the signs saying it was a seperate area for private companies but there are apparently signs there (when your dealing with a 1 year old you miss these things) anyway

THE DRIVER came back 25 minutes late to find a ticket, issued at 15.00.

There were a lot of spare spaces at the time, and given its for a business well into their working day its unlikely they would all need to be used. The ticket is £60 raising to £100 the cost of the parking for the allotted time is 70p!!!!!

The ticket they issued says 'on behalf of the landowner' , they are clearly not the landowner. I understand that the spaces are actually leased to the Emmersen Group, a nearby office occupier.

1) They are a member of IPC and i've read the intro thread. Anyone had any experience with them?

2) Do I have a chance of getting it overturned?

3) Best bet seems to be the 'landowner' thing?

I'm reluctant to give into the bullies but if there is little change I may as well save £40.

Any help much appreciated.

Thanks

M

I have edited your post accordingly, so :-

1) DOESNT MATTER IF ANYONE HAS EXPERIENCE OR NOT, THEY ARE ALL TARRED WITH THE SAME BRUSH AND THEY ALL ROUTINELY DISMISS APPEALS

2) DEPENDS on several factors, if the KEEPER is liable under POFA2012 for a start, signage , contracts , all the usual caveats apply

3) CORRECT

Umkomaas

Can we see a scan of the (redacted) windscreen ticket applied by CMS? We are dealing with a similar one for another poster today.

NEWBIES - HOW TO UPLOAD LINKS TO PHOTOS/SCANS TO MSE

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox, Imurg or Tinypic), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.

mancvaliant

Sorry for the delay. Photo below the company have and the Council both currently being useless.

hxxp: Dropbox.com/s/w9oiby1dgmzchj7/IMG_1321.jpg?dl=0

Le_Kirk

Your link made live: -
https://www.dropbox.com/s/w9oiby1dgmzchj7/IMG_1321.jpg?dl=0

Coupon-mad

Appeal as keeper, so they get it just days before the appeal deadline (might be by day 21, or day 28? check that yourself on the PCN). What the keeper then hopes is they get caught up replying to the appeal or begging to know who was driving and forget to send any NTK in the post.

Do not appeal immediately as it makes the above scenario less likely to work.

That then makes a keeper untouchable if they later try court, as long as the driver is never identified.

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 five readings are available to watch on the internet, (some 7-8 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.

Scrumpy11

I have a case against this company. A 'PCN' is an 'Invoice', an invoice must contain certain information such as, a companies registered address and registration number as set in the 'Companies Act 2006'. This company is in breach of regulations as they moved out of their registered address on the 23 Feb 2018, yet continue to operate from an address in which they no longer own/ Occupy. After they gave false evidence to the IAS I complained several times to the IPC, to no avail. It was only after threatening the IPC with further action that they are now looking in to my full complaint. I am awaiting for the parking operator to give their response to the IPC.

If this was even taken to court then you could argue that the company are breaking regulations. Plus, the PCN contains false information.

I will keep you informed once I hear back