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

nosferatu1001

I have the feeling Le_Kirk was being a *tad* sarcastic...

Le_Kirk

nosferatu1001 said:

I have the feeling Le_Kirk was being a *tad* sarcastic...

Me, sarcastic, never, well OK, sometimes!

hellothere123

D_P_Dance said:

A judge may not agree.

May not agree with what?

hellothere123

Umkomaas said:

'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). 

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. 

First port of call is to contact the landowner in the hope they'll be reasonable, and then i'll get the blue text off to CPM. Really surprised this car park had this kind of operation going since it's a pokey beach side car park that's quite out of the way. 

Thanks for all of your responses so far. 

D_P_Dance

To le Klerc's post.

I am not sure that sarcasm is always recognised here.   Some of our clients are not the ... oh never mind.  

Coupon-mad

I reckon UKCPM might be using non-POFA NTKs as standard during the pandemic because of DVLA delays.  We might find other PPCs are doing the same.  Certainly ParkingEye golden tickets are more prevalent right now.

So, note to self (and regulars) we need to remember this in future for defences about any 2020 PCN.  

hellothere123

I've sent a heartfelt but non-wishy washy email to the landowner of the car park in the hope that they'll nip this in the bud. 
Will report back when I receive further contact. Hoping this gets sorted now rather than having to go through the faff but it is what it is if I do. 
Thanks again for your help.

hellothere123

UPDATE - Sent an amicable email to the landowner and said for him to call me up to discuss further. He called within the hour and said that the reason for the fine was that I overstayed by 9 minutes(!!). Luckily, we continued to talk and he said to me that I was one of the few vehicles that actually paid for my hour and so has agreed to cancel the invoice! I have received  confirmation of the cancellation. 



So this another win for contacting the landowner immediately after receiving an invoice. Doing so nips it in the bud before things escalate.

I think I have been extremely lucky as I have been able to talk directly with the landowner over the phone which made things much more human and relatable.

Moral of the story is; always check signage, pay for parking by card so you have evidence, take pictures of signage and how and where your car is parked if your spidey senses are tingling, and make bloody sure you're back in time.
Since the owner has said that he's cancelled the invoice (and I have confirmation of it), I will not be contacting CPM or moving further with this. They now have no legal basis to pursue me since this never got past the stage of going to debt collectors etc. Saying that, if there's an email I can send to them to p*** them off then let me know 

For anyone else who finds this and doesn't have the fair treatment I received from a landowner, I wish you the best of luck as you'll be now faced with batting off the PPC so don't let these b******s grind you down.

Thanks again to this community, you gave me the confidence to approach the landowner but also the confidence to take these companies on.

Le_Kirk

Nice outcome, good action on your part.

Coupon-mad

Very good result, nicely done!

Complaining to the landowner is always PLAN A, the sooner the better.