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CPM Parking Appeal Rejected

So I followed the instructions on the **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** thread.

Then yesterday I finally got a decision from PCN Appeals Department. It was rejected.
We have carefully considered your appeal but on this occasion, I am writing to inform you that
your appeal has been unsuccessful as a breach of the terms and conditions of parking
occurred. The decision has been made on the basis that:
A valid permit was not clearly displayed in the vehicle windscreen. We appreciate your
circumstances; however, it is imperative that a valid permit is clearly displayed in the front
windscreen of the vehicle at all times as this is the only way for CPM operatives to determine if
the vehicle is authorised to park.
The photographic evidence of your vehicle supports the above statement.
Signage clearly states “A VALID UK CPM PERMIT MUST BE CLEARLY DISPLAYED IN THE
FRONT WINDSCREEN AT ALL TIMES”.
In order for a vehicle to be parked correctly a valid CPM parking permit must be clearly
displayed within the vehicle windscreen at all times. The photographic evidence of your vehicle
shows that at the time of the contravention a valid CPM parking permit was not displayed,
therefore you had breached parking restrictions within the area and were subsequently issued
with a parking charge notice.

It is the driver’s responsibility when leaving their vehicle unattended to observe the area and
check parking is permitted. There is clear signage placed throughout the parking areas stating
that the land is private property and restrictions apply.
The photographic evidence of your vehicle shows that you are within a clear view of one of the
many warning signs throughout the development. All signage states the terms and conditions
of parking within the restricted area. Upon reading the signage you have contractually agreed
to pay a parking charge fee as restrictions were breached. It is the driver’s responsibility to
ensure parking is permitted prior to leaving the vehicle unattended within the restricted area.
Please note: Your appeal was submitted outside of the 14-day discounted period, therefore
you are liable to pay the full fee of £100. You now have 28 days from the date of this letter to
make payment.

I feel gutted about the decision. Is there still any chance I can complain about the decision?
No one was in the vehicle, and they have indeed taken photos of a signage saying "MUST SHOW PERMIT AT ALL TIMES".
«13456710

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 6 November 2019 at 1:00PM
    I feel gutted about the decision.

    Why, all appeals are refused I the first instance, there is no money in granting appeals. Have you not read the stickies/FAQs? Your next step is PoPLA or Small Claims Court. SCC is the place where you are most likely to win as judges are aware of the scam.

    Was this in a residential car park?

    [FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

    [/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    [/FONT]
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 148,161 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I feel gutted about the decision.
    Errr, what? You post as if it's a bad thing.

    You post as if this went to a real 'Appeals Dept' of customer service agents who do a 'real' job. No.

    So, you were not expecting this entirely expected and totally normal response from an IPC firm? If not then you haven't read the NEWBIES thread properly at all, and please no posts asking about IAS stage!

    The template appeal is not meant to 'work' v IPC firm like UKPCM and we know it doesn't (and so should you, it would have helped if you had read more of the NEWBIES thread). This was nothing to be gutted about!

    https://forums.moneysavingexpert.com/discussion/comment/76456692#Comment_76456692

    https://forums.moneysavingexpert.com/discussion/comment/76456292#Comment_76456292

    https://forums.moneysavingexpert.com/discussion/comment/76439523#Comment_76439523

    See you in 2020. Please read the NEWBIES thread post #2 about winning in court.
    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
  • Mana2019
    Mana2019 Posts: 108 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    So basically ignore any threat letters until they try and file a court claim (in 2020) and that's when I come back here to follow post #2. Got ya. Thanks for clearing it up.
  • Le_Kirk
    Le_Kirk Posts: 24,142 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Mana2019 wrote: »
    So basically ignore any threat letters until they try and file a court claim (in 2020) and that's when I come back here to follow post #2. Got ya. Thanks for clearing it up.
    Got it in one. In the meantime start reading NEWBIE post # 2 and in particular the 17 pre-written defences about all sorts of circumstances and then you will be prepared.
  • Mana2019
    Mana2019 Posts: 108 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Should I try to complain to the MP? I mean, I parked my car around in front of where I live (within the block of flats).

    Slightly worried as the fool who was taking photos of my car (at 1AM in the morning!) also took photos showing the signage within the same photo.

    Looking at past cases, this can drag on for over a year. This is ridiculous, I'm !!!!ed off with these PPCs.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    So are we all , so are the MP,s , hence why you complain until they implement the new CoP they are looking into , following the successful bill by Sir Greg Knight earlier this year , it won't change until the government brings in the new CoP and appeals system
  • Coupon-mad
    Coupon-mad Posts: 148,161 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Should I try to complain to the MP?
    Are you reading other threads, you will learn sooo much more from all the others:

    https://forums.moneysavingexpert.com/discussion/comment/76470735#Comment_76470735
    Slightly worried as the fool who was taking photos of my car (at 1AM in the morning!) also took photos showing the signage within the same photo.
    Of course he did. They have to. EVERY CASE IS THE SAME and we win 99%.
    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
  • Mana2019
    Mana2019 Posts: 108 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Coupon-mad wrote: »
    Are you reading other threads, you will learn sooo much more from all the others:



    Of course he did. They have to. EVERY CASE IS THE SAME and we win 99%.

    Hmmm, so I can try and complain to Network Homes? I am renting with them. I'm not exactly sure if they own the whole flat block though.

    I did complain before and I was successful, but that was with Broadfields Retail Park. This is obviously different.

    I'm still trying to wrap my head on the steps when the LBC arrives. I know it's doing an SAR straightafter though.

    But, when the time comes I know this community will help me guide through the process as seen in other threads.

    P.S: my parents will sadly keep receiving these annoying letters (I'm no longer living with my parents, however when they issued the ticket I was moving). UKPCM doesn't know that I had moved by the way, and the flat I'm staying doesn't give allow me a permit.
  • Coupon-mad
    Coupon-mad Posts: 148,161 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 November 2019 at 10:57PM
    As long as you are satisfied that the old address is suitable as an address for service, for you to see the letters quickly (so there is no possibility of you MISSING defending a court claim in time!) then leave the address as it is.

    But not otherwise. People get CCJs all the time by leaving an old address on a PPC scammer's database then sleepwalking into getting their credit rating trashed, secretly.

    Certainly complain to whoever runs the place, manager, landowner/landlord. One of them appointed the scammer and can call their dogs off.
    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
  • Umkomaas
    Umkomaas Posts: 42,877 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Mana2019 wrote: »
    P.S: my parents will sadly keep receiving these annoying letters (I'm no longer living with my parents, however when they issued the ticket I was moving). UKPCM doesn't know that I had moved by the way, and the flat I'm staying doesn't give allow me a permit.
    Coupon-mad wrote: »
    As long as you are satisfied that the old address is suitable as an address for service, for you to see the letters quickly (so there is no possibility of you MISSING defending a court clim in time!) then leave the address as it is.

    And please do let happen what happened to one recent poster where post was delivered to his parents' address and his parents unilaterally decided to deal with it for him. Complete screw up! :doh:
    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
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