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Nottingham CPS Midlands "Ghost" Ticket

Dellsy
Dellsy Posts: 13 Forumite
edited 23 February 2019 at 10:11PM in Parking tickets, fines & parking
Dear all,

A driver parked my car in Nottingham behind some flats and a warehouse in town for about 12 minutes over the Christmas period.

I (as the registered keeper of the vehicle) recently received a NTK letter in the post issued by TNC Parking Services... on behalf of "CPS Midlands - 28 day" requesting a £100 payment in the next 28 days.

This was the first I had heard about a parking violation which took place approximately 2 months ago.

I plan to appeal the decision using the template provided.

Dellsy
«13

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    no , stick to the script , forget about any alleged NTD to the driver and concentrate on appealing the NTK, as keeper
  • Dellsy
    Dellsy Posts: 13 Forumite
    Thanks, I will send them a generic letter via email as the NTK.
  • Dellsy
    Dellsy Posts: 13 Forumite
    edited 23 February 2019 at 11:18PM
    Redx,

    I have now appealed directly to the parking company as registered keeper. I am waiting for their reply.

    Thanks
    Dellsy
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    no , this has nothing to do with the missing NTD

    any appeal or court defence starts with the idea of "is the KEEPER liable for the drivers actions" ?

    also, does the claimant have the right to pursue an invoice with the person they have named on the paperwork ?

    and does the signage on the site constitute the basis of a legal contract to be there or park there ?

    etc

    its an unregulated industry , so as I said before, you are appealing as KEEPER, not as driver, so do they have any legal contract to invoice the keeper ?
  • Dellsy
    Dellsy Posts: 13 Forumite
    edited 23 March 2019 at 6:38PM
    I have received a reply from CPS Midlands Ltd. They have sent me a letter which states:

    "The site where you parked is signed as Private Land wth terms and conditions stated theron. It also states that by entering or remaining on the land you agree to the terms and conditions for using the land. The terms and conditions were not complied with and a parking charge notice was issued. We attach the requested photos"

    They enclosed photos of my car and the driver leaving the premises along with a very small photo of a sign which I cannot read.

    It has been suggested that the driver reply with an offer to pay £5 for parking on the land as they did not see the sign (too small) and therefore did not enter in to a contract with the land owner.

    thoughts?
  • Umkomaas
    Umkomaas Posts: 42,884 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There's no further viable appeal channel open to you, so you follow the path of others afflicted by IPC operators, by ignoring everything now, unless you get a Letter Of/Before Claim, or court papers via the Northampton CCBC. The plc have 6 years to pursue court action against you.
    It has been suggested that I reply with an offer to pay £5 for parking on the land as I did not see the sign (too small) and therefore did not enter in to a contract with the land owner.
    Who suggested that daft move?

    Have you complained to the landowner and asked that they intervene and get this cancelled? Sometimes it works, you'll never know unless you try.
    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
  • nigelbb
    nigelbb Posts: 3,816 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Dellsy wrote: »
    This was the first I had heard about a parking violation which took place approximately 2 months ago.
    Exact date of parking "crime" & delivery of Notice To Keeper please. If the keeper is to be held liable for a parking charge incurred by the driver the NTK must be delivered between Days 28 & 56 where the date of the crime is Day 0.
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    and does the signage on the site constitute the basis of a legal contract to be there or park there ?

    Another PPC have unacceptable signs imo, read this

    https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading&highlight=

    then complain to your MP.

    On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. 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, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    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.
    You never know how far you can go until you go too far.
  • Dellsy
    Dellsy Posts: 13 Forumite
    nigelbb wrote: »
    Exact date of parking "crime" & delivery of Notice To Keeper please. If the keeper is to be held liable for a parking charge incurred by the driver the NTK must be delivered between Days 28 & 56 where the date of the crime is Day 0.

    Parking date 27th Dec 2018
    NTK dated 13th Feb 2019

    That's 48 days by my count but thank you..
  • Coupon-mad
    Coupon-mad Posts: 148,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They enclosed photos of my car and the driver leaving the premises
    Well no, there are photos of a car and an unidentified person on foot. Nothing to tie that person to that car? Stop thinking you have to offer money or that they know who was driving, (unless you told them?).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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