RESOLVED: CPM - ANPR - Failure to Pay for the Duration of Stay

hellothere123

Hi,
Hope you're all staying safe and thank you for all the advice you've already provided to many people. I've read the NEWBIES thread (appreciate being directed to this first) but I would just like some clarification. I am hoping you can help me.
Today (03/06/20), an NTK from CPM UK Car Park Management relating to a vehicle registered to myself came through my letterbox. The vehicle was parked on private land which had ANPR and no wardens (due to COVID-19).
Please see the NTK below:




Is the NTK compliant with the protection of freedoms act 2012 schedule 4 para 9 and has it gone past the 14 day period allowed for?
The NTK alleges that the driver of this vehicle did not pay for the time spent in the car park, but the times stated by the NTK that the vehicle was in the car park are an hour behind actual the times that the driver paid for. The driver paid for an hour's parking (£1.50) using cash, entered in the correct numberplate, pressed the correct buttons and the money was accepted and taken by the machine. No ticket was provided by the machine although it states one will be given on the original information on the machine.
Please find images of the machine below, taken 03/06/20 (please note that additional messaging has been taped onto the machine between 21/05/20 - 03/06/20 showing the conflicting information for how to pay for your parking):

Here's the signage of the car park:

In a nutshell; driver paid for parking in cash and followed the instructions to ensure correct payment which was taken by the ticket machine, ticket machine has confusing information on it, keeper then receives NTK that parking was not paid for with incorrect times stated by the ANPR camera of the car park.
Should I, the registered keeper, try and contact the landowner to try and get this cancelled as this parking payment information is confusing and, at best, unclear? How do I proceed if the landowner does not wish to help?
Thanks in advance.

Coupon-mad

Is the NTK compliant with the protection of freedoms act 2012 schedule 4 para 9

No, LOL, the last paragraph on p1 about the 28 days says they will have the right to recover the charge from THE DRIVER (not the keeper).  This is not a case where the driver should be implied in any appeal, however no appeal will be accepted.  Same as all UKCPM cases.

Interesting to see that Notice to DRIVER worded that way though.  Something for us to ask people about in future re UKCPM ones.

As for what to do, nothing different than the NEWBIES thread tells you.

Umkomaas

'We have the right to recover from the driver .... '

Yep, correct, but, unfortunately for them, not from the keeper because they've screwed up on the PoFA warning. Please check out para 9 (2) (f) of the Protection of Freedoms Act 2012 (Schedule 4). 

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Not your silver bullet at this stage, but could be crucial at any potential court stage, provided there is no inadvertent revelation of the driver's identity. 

You have to be in this for the long term, but for now, start the process off by using the blue text initial appeal template from the NEWBIES FAQ sticky, first post. Thereafter, ignore anything further until/unless you receive a Letter of Claim from Gladstones solicitors or a county court claim form via the Northampton CCBC. Come back if you receive either. 

Definitely involve the landowner and seek their involvement in getting this cancelled, especially at this dreadful time in our existence?  Ask why they are allowing their agents to harass an already stressed human being over such an alleged issue which you strongly contest. 

TheSecretSocialist

As "the keeper" is not liable, because the PPC failed to send the NtK in the required time, their claim is unenforceable.

Make the necessary appeals, never making any admission as to who the driver is.

The appeals will most likely be unsuccessful. The PPC will then instruct a debt collection company to collect the fee. At that stage they will have breached the data protection act (gdpr) by processing your personal data and passing it on to a third party.

You can then submit a letter of complaint, like in the link below, and hopefully they will cancel the charge.

https://forums.moneysavingexpert.com/discussion/6148368/parking-charge-notice-from-cpm-claim-dropped#latest

This has just happened to me and they cancelled the charge within a day of me emailing them that letter.

nosferatu1001

How wasn't it in time? 20/5 to 3/6 is fine. They have messed up he wording as noted

TheSecretSocialist

Doesn't it have to be issued withing 14 days, as there was no ticket/notice to driver, for their to be any liability for the keeper?

Umkomaas

TheSecretSocialist said:

Doesn't it have to be issued withing 14 days, as there was no ticket/notice to driver, for their to be any liability for the keeper?

Please check the NtK: 

Parking event - 20/05,
NtK issue date - 29/05.

Well within PoFA time limits, but it's the PoFA warning that makes keeper liability void in this case; it doesn't make the charge unenforceable - against the driver - hence my advice not to inadvertently give away that identity. 

D_P_Dance

Whether they have complied with POFA or not, imo that sign is unlikely to convice a judge that a contract was formed.  Too wordy, too low, £100 is in tiny print.  Check it agaiinst the IPC's code of practice.  Also read this,

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

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

TheSecretSocialist

Apologies, I must have been reading cross eyed. I somehow came to the conclusion that there was 19 days between incident and NtK.

Le_Kirk

hellothere123 said:

Well, thank goodness the instructions for paying are quite clear, simple and easy to follow!

D_P_Dance

A judge may not agree.