UK CPM PCN letter After 3 months!

millionairmind

Hello

I just received a letter from UK CPM asking me to pay £100 for parking in private land.

The incident time in the letter is 9:10 am 24/04/2019. The issue date is 9 of August 2019. I received it today on 15 August 2019. I still have the post envelope (maybe I can track when it was sent exactly).

first of all, I never ever wake up this early I am always home at 9:00 I leave at 10 or 10:30. The time is definitely wrong.

on the letter, there are 2 images with 2 different angles and have hours minutes and seconds written on it. the first picture is taken at 9:10:01
the second picture is taken at 09:10:02
Who on earth takes 2 different images at different angles with not even a single second gap?!

On the letter, there is an orange IPC logo and in the last paragraph they have written the following:

"This notice is deemed to have been given to you on the second working day after the date of sending above" --- What THE?? no idea what they are trying to tell me.

also, they have written Springfield road - sts as the address which The address is not full. so I think they are lying.

in the appeal i am looking to mention these points:

Dear sir
PCN Ref xxxxxx/xxxxxx

I am writing with regards to your speculative invoice dated XX/XX/XX. I am challenging this parking charge as the Registered keeper on the following grounds.

1. The Notice to Keeper was received outside of the 14 day limit imposed under Schedule 4 of the Protection of Freedoms Act 2012, and hence you have not met the criteria necessary to hold the Registered Keeper liable for this charge.

I note the protection of freedoms act 2012 schedule 4 section 9 states that for keeper liability to apply the keeper must receive a notice to keeper within 14 days. The date of the incident was XX/XX/XX and your notice to the keeper is dated X/XX/XX and delivered sometime thereafter. According to my abacus, the notice to keeper should have arrived no later than X/XX/xx.

In any event, your charges are penal in nature and not a genuine pre-estimate of loss.

Should you reject my appeal please supply a popla code and be warned that i will constitute any further unwanted contact as harassment and will sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).

I require that within the timescales specified under the British Parking Association Code of Practice you notify me either that a) you have cancelled the Parking Charge or b) you believe that you still have a valid claim in which case you shall provide me with a valid POPLA Code so that I may escalate my dispute to POPLA.

Should you have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and the unwarranted threat for the ordinary matter of a driver using my car without causing any obstruction nor offence has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.



Thank you for your cooperation and I look forward to receiving your confirmation that this Parking Charge Notice has been canceled.

Yours faithfully,

Please tell me to add any more points

if they give me the popla code what do i do with it?

I have no idea what popla is. lol

This case is a complete lie and fraud. I know and I want to stand with the truth this time. I need your suggestions, please.

I will check with DVLA when they contacted them to grab my details.

KeithP

That's old. There is no such thing as a Section 10 Notice under DPA2018.

You need to be reading the first post in [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL].

Find in there the already written for you blue text template appeal.

Send that without change - no additions or alterations needed.

Send it as the keeper.

Remove the bold statement in your opening post, and all other inferences, that confirm the driver's identity.

The_Deep

You said

But I was the driver.

You then go on to say

I never ever wake up this early I am always home at 9:00 I leave at 10 or 10:30.

So, how could you have been the driver if you were not in the car at that time?

Have you read the stickies/FAQs?

Nine times out of ten these tickets are scams so consider complaining to your MP.

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.

fisherjim

You are totally confused, these scammers are in th IPC not the BPA so POPLA cannot be used.


That appeal is out of date and awful, you need to study the newbies thread on page one of this forum not other random threads.


As advised by KeithP edit your post and remove all details of the driver, and send the forum appeal.

Quentin

@ OP


After you have followed the advice to edit your post given to you in #2 above you need to PM The Deep and ask him to edit all the references in #3 reproduced/quoted from your OP which identify the driver

millionairmind

Thabnk you all for your replies. You guys are very helpful.

Yes i have done so as advised in #2. I have read the FAQ's.

As advised by Keith. I am going to put this on their appeal website as it is?

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,



NAME & Address

THE DRIVER IS NOT IDENTIFIED.

Above it says "your evidence, i.e.:" What do i write? This is very confusing. Sorry

KeithP

millionairmind wrote: »

Above it says "your evidence, i.e.:" What do i write? This is very confusing. Sorry

What's confusing?

Please re-read post #2 above.

In particular:

Send that without change - no additions or alterations needed.

millionairmind

i have read it carefully. I just want to confirm on the template it says " i.e.: " which seems like i need to add something on here. I am not sure what to add after i.e.

I know you said no change needed but this looks like i need to add something after the "i.e."

I am a bit slow in taking information, it's just how I was born. I am sorry for the inconvenience

KeithP

No, nothing needs to be added.

The three 'paras' starting with a hyphen are the continuation of the 'i.e.'.

millionairmind

perfect i will update soon.

Thank you

Le_Kirk

i.e. is Latin, Id Est and means That Is. If you read the words again and this time substitute "that is" for i.e. it should make more sense. (If I have misunderstood your confusion and you are a professor of English grammar - or Latin - from Cambridge, apologies)!