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residential parking - Recieved PCN for not displaying my Permit

edited 30 November -1 at 12:00AM in Parking Tickets, Fines & Parking
94 replies 3.5K views
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  • edited 18 May 2019 at 5:37PM
    Scrumpy11Scrumpy11 Forumite
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    edited 18 May 2019 at 5:37PM
    Companies House, Insolvency, Action Fraud DVLA and Trading standards dont want to know. This leaves me no other alternative Than the Courts.

    CAB and Trading Standards wont touch these Parking Operators... Said its down to Action Fraud.
    Action Fraud said its nothing to do with them
    Companies House has no investigative powers, said its down to Insolvency.
    Insolvency said its nothing to do with them
    DVLA said its down the the IPC
    The IPC said there is no complaint.
  • FruitcakeFruitcake Forumite
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    You don't need to show a loss for a DPA breach, so I would concentrate on the scammers having no rights to obtain your personal data. People who have succeeded have been awarded about £500.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
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  • beamerguybeamerguy Forumite
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    Scrumpy11 wrote: »
    I have lost nothing other than time and loss off phone calls

    This is the second company to be allowed to manage our scheme. The first was MPC, whom was ousted as a 'cowboy' company by the BBC. I received death threats for fighting their £385 clamping/ towing fee.

    Both MPC and CMS operate in the same way... Both operating without a current, active ;registered address'.

    Seems like a land owner who is ignorant, but maybe he gets a share of the action. Does he not understand that he is responsible for his agent and could end up in court.himself

    The IPC, the great scam set up by Gladstones should be stripped of their ATA status ...... government could do this

    Sir Greg Knight MP introduced a new CoP which is now law but still being written.
    I am certain that he will realise that he will get egg on his face if it all goes wrong, so write to him about the scam IPC and your situation
    RBS - MNBA - CAPITAL ONE - LLOYDS
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  • Scrumpy11Scrumpy11 Forumite
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    I have informed my landlord (the land owner) of the fact that I may not be able to take CMS to court, due to them not having a 'registered address' in which I can serve legal documents too. I have even informed them that if I were to obtain a Judgment then it maybe unenforceable due to LTD companies often have no assets in their name. After several months of reminding them that I had to put court documents on their desk to recover the £385 which MPC took from me to recover my friends vehicle. Due to I could not take MPC to court due to they had no registered address. My landlord is happy to let them continue to operate... Even after they fabricated evidence against me.

    The IPC is on my list as the IAS have accepted false evidence and it was only after I requested permission to disclose information to my local MP, DVLA, Landlord ect that they decided to look into my complaint... half heartedly I might add.
  • Scrumpy11Scrumpy11 Forumite
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    Its quite comical. MPC was about the time they were ousted as Cowboys by the BBC... I had my Landlord watch the 'inside out' programme and they still tried to defend the operator.
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • Scrumpy11Scrumpy11 Forumite
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    Afternoon all,

    In an LBA letter, so you have to put in how much you are claiming for? giving the reasons why?

    LBA (draft): -

    I am writing this letter before claim in compliance with the Practice Direction on Pre-Action conduct with regards to the following matters which has arisen between us.

    On the 25th January 2019 at 14:56, you alleged I had breached a contract by parking behind my home of 23 years. This triggered you to issue a ‘PCN’ which was issued on the 30th January 2019.

    Reasons for Complaint

    1) Data Protection Act (DPA) breach by CMS. CMS had no legal right to obtain my personal data from the DVLA.

    1.1 CMS are operating from and address in which they no longer own/Occupied since 23rd January 2018.

    1.2 CMS’s signs were not upto current regulations and are unenforceable by law. Therefore, CMS has no legal right to manage, enforcing parking restrictions at our scheme. This breaches the IAS/IPC’s Code of Practice (CoP).

    1.3 The entrance sign, which was displayed on the 25th January 2019, shows the BPA roundel. CMS as an IPC member is purporting to be a member of a different ATA in breach of the DVLA’s CoP and thus a further breach of their KADOE. Therefore, you had no rights to obtain my personal data

    Any PCN issued at our scheme since, November 2013 (approximately) is invalid. CMS (UK) left the BPA around November 2013 and Joined the IPC 03 February 2014 as CMS LTD.





    2 On the 25th January 2019, at ‘***********’ You placed a PCN on my vehicle for an alleged breach of contract.

    2.1 A CMS operative lifted the Windscreen Wiper. You never had my permission to touch my vehicle. Therefore, you trespassed on my property.

    2.2 CMS alleged I had parked at “********************************”
    CMS issued the PCN to the wrong Carpark. There are two separate carparks, separated by a six-foot fence on different roads and in different Post Codes.


    3 I had parked within the confines of my Primary Contract, my Tenancy Agreement, dated 04th December 1995. This gives me unfettered rights to park in my carpark without the need for a ‘Permit to park’ scheme.

    3.1 This cannot be changed by the operator, nor my Landlord without my permission of which I have never given. CMS have tried to override my contract with my landlord, to enter me into a contract to which I have not agreed.


    4 On the 30th January 2019, you issued me with a Parking charge Notice (invoice). The PCN was invalid as the information it contained was not up-to-date.

    4.1 The PCN (invoice) was issued from an address which you have not owned/ occupy. Any PCN (invoice) issued by CMS from ‘55 Leonards Road West, Lytham, St Annes, Lancashire, FY8 2PF’ post 23rd January 2018 is invalid.

    An invoice issued by a limited company must contain certain information: including the company’s registration number the company’s address. This is set out in the ‘Companies Act 2006’, of which CMS are in breach of. Therefore. CMS, as a Limited Company, are operating illegally.


    4 On the 08th March 2018, you supplied evidence to the ‘Independent Appeals service’ of which signs were displayed at our scheme.

    4.2 CMS gave false evidence to the IAS, as the sign which you stated was displayed on the 25th January 2019.

    The sign which CMS gave as evidence to the IAS on the 08th March 2019, was not in fact displayed until the 20th March, some 12 days after you gave evidence and 54 days after the alleged contravention.

    My last photographic image of the old sign carries the metadata, with the date/ time that the photo was taken - 12th March 2019 at 08:34.

    This also breaches the IAS/IPC’s CoP.
    5 On the 12 April you instructed a Debt Collector, ZZPS, to enforce a Debt which was not owed. ZZPS put a further £60 onto the alleged £100 Parking Charge, bringing the total to £160.

    5.1 I had already submitted my valid appeal, which I believe this was not taken seriously by CMS or the IPC. The debt was increasing causing me distress.

    5.2 On the 23rd April I received a ‘Final Response’ Letter from ZZPS stating that the next course of action would be to instruct a Solicitor to recover the alleged debt.
    I was threatened with Court Costs and Solicitors Fees along with Statutory Interest. This also was causing me further distress


    6 On the 10th May, after several complaints to the IPC the PCN was cancelled.

    6.1 I believe this was only because I was not happy with their response and requested for permission to disclose information to the DVLA, my local MP, Landowner and legal team (when appointed). I also enquired how to escalate my complaint.

    I had in made numerous complaints to the IPC regarding your conduct, all of which not taken seriously.


    Summary

    CMS gave false evidence against to the IAS, regarding signage. I believe this was to ensure the legitimacy of your PCN due to CMS’s actual signs were not complying with current regulations.

    CMS is operating illegally by issuing PCN’s from an address of which they no longer Own/ Occupy. This breaches sections 86 and sections 87 of the Companies Act 2006. Therefore, any PCN issued from this address since 23rd January 2018, are not valid and motorists should be informed and refunded (if paid.) Please see below for details of the Companies Act 2006.

    The entrance sign shows the BPA roundel. CMS as an IPC member is purporting to be a member of a different ATA in breach of the DVLA’s CoP and thus a further breach of their KADOE.

    Therefore, any PCN issued at our scheme is ‘Invalid’ due to CMS (UK) left the BPA around November 2013 and Joined the IPC 03 February 2014 as CMS LTD. The signs should have been updated to reflect the change in ATA, they were not updated!

    CMS’s signs contain a contact number beginning with 0844… I believe 0844 numbers are classed as premium rate numbers which are now prohibited.


    Legality of CMS’s Registered Address: -

    CMS have broken the following regulation as set in ‘Companies Act 2006.’ Which states: -

    2006 c. 46. Part 6, General, Section 86: -

    A company's registered office-
    A. company must at all times have a registered office to which all communications and notices may be addressed.

    CMS have issued an Invoice from an address they no longer occupy breaking the following regulation as set in the ‘Companies Act 2006.’ Which states: -

    2006 c. 46. Part 6, General, Section 87: -
    Change of address of registered office-

    (1) A company may change the address of its registered office by giving notice to the registrar.

    (2) The change takes effect upon the notice being registered by the registrar, but until the end of the period of 14 days beginning with the date on which it is registered a person may validly serve any document on the company at the address previously registered.

    (3) For the purposes of any duty of a company—

    (a) to keep available for inspection at its registered office any register, index or other document, or
    (b) to mention the address of its registered office in any document, (this includes invoices)


    If you dispute my claim, then could you please respond within 28 days with full details. I look forward to hearing from you. Should I not receive a response to my letter within this timeframe, then I anticipate that a legal claim will be commenced forthwith.


    I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraphs 13-16 which set out the sanctions the court may impose if you fail to comply with the ‘Practice Direction.’
  • NeilCrNeilCr Forumite
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    It all seems a bit wordy and jumbled to me

    There is a template here

    https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

    which may help you organise it a bit
  • Scrumpy11Scrumpy11 Forumite
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    Thank you :)
  • Scrumpy11Scrumpy11 Forumite
    62 posts
    10 Posts First Anniversary
    So I attempted to serve a LBA to CMS. This was not served due to them not occupying the address to which they are operating from.

    do I carry on with court action, to this address? going for a default judgment. or

    Do I issue proceedings against the land owner, my landlord?
  • CastleCastle Forumite
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    Scrumpy11 wrote: »
    So I attempted to serve a LBA to CMS. This was not served due to them not occupying the address to which they are operating from.

    do I carry on with court action, to this address? going for a default judgment. or

    Do I issue proceedings against the land owner, my landlord?
    Did you send it to the registered office?
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