UK CPM (Car Park Management) PCN

13zero8

Update:

I submitted the blue text from the NEWBIES thread via the appeals portal of CPM's website.

I have now received the following reply:

Thank you for your correspondence. Unfortunately, we cannot accept your recent online appeal as you have not provided any grounds of appeal. If you wish to appeal the parking charge notice please ensure you complete ALL mandatory fields fully/correctly and resubmit an appeal via https://www.cpmappeals.co.uk/

I did complete all mandatory fields, but it seems putting the NEWBIES text in the appeals box didn't satisfy their need for a grounds of appeal.

So just to be clear - that's it, I should NOT respond to this in any way, I just ignore ignore ignore everything until if /when I receive a Letter Before Claim?

Redx

Resubmit it as they ask , starting with 

I appeal this PCN because as keeper I have no liability under POFA

Or something similar

Then add the blue text template below it , adapt if required

You are looking for an appeal rejection

There is no way they will accept an appeal no matter what you write , it will be rejected

13zero8

Ok thanks, will resubmit.

Regarding the wording of the PCN, it fails to mention that the parking charges have not been paid in full. Worth adding something along the lines of:

The Parking Charge Notice you have issued, which acts as a Notice to Keeper, is non-compliant with a requirement set out under Schedule 4, Paragraph 8(2)(b) - inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full.

Nowhere in the Parking Charge Notice does it state that the parking charges have not been paid in full.


?????

Redx

I do not understand that at all, so I refer you back to my previous answer

my point is that you need to submit an appeal that they accept as an appeal , even though we all know they will reject it after they say they have considered it (for 2 seconds)

whatever is written it wont mean that they will cancel the pcn, there is no profit in cancelling the pcn , no monetary value

you are not aiming to start a dialogue or an argument , so dont get hung up about it , because it will not be resolved at this stage

13zero8

Just to clear up my last point....
The NEWBIES thread advises to check compliance.... I did, and one of the POFA requirements of a PCN is that it states "the parking charge has not been paid in full". The PCN I have received does not state this - so this makes it non-compliant, doesn't it?

If so, then this should be added to my appeal, shouldn't it?

But fair enough, if they won't cancel regardless of what is contained within the appeal, then there's no point in wasting energy on adding it. But then I do still wonder what is the point of the "Want to dig deeper?" section of the NEWBIES thread...

Redx

then just put this  :_________

as keeper I have no liability because you have failed to comply with POFA

it doesnt matter how they failed until court stage, POFA is not mandatory and they do not follow POFA at all, period !

if its not a pay and display car park then they wouldnt put anything about it, many car parks are not pay and display , you said this was a road, not a pay and display car park, so any invoice would not infer that parking charges were not paid when its not even a pay and display car park !!

in simple terms , they issued you with an invoice for payment for perceived breaking of their parking rules on a private road, demanding money with menaces of court and CCJ etc within 6 years

you are saying that you have no liability !! denying liability for the alleged debt , end of story

this is just to show a judge that you did not ignore this stage and you engaged with the claimant that issued the invoice

13zero8

All clear - thanks fella.

Coupon-mad

None of it matters.  This is all just a pointless appeal which you know they will reject, so who cares what you put as long as you know it won't work, is not meant to work and is simply to looks reasonable to a Judge later, when you win in court.  If you have a specific thing to say about the car park or signs then add it to the template but without saying who was driving.

Keep all letters.  Don't post about debt demands, please no asking about them.  More importantly:

Please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

13zero8

UPDATE:

After CPM not considering my first appeal as they claimed I failed to give grounds for the appeal, I appealed again as advised earlier in this thread. This time I clearly spelled out my grounds as being "I appeal this PCN as I have no liability as the keeper because you have failed to comply with POFA". I then went on to include the blue text from the NEWBIES thread. Once again CPM have replied saying they cannot process the appeal due to not receiving "all of the relevant details".

Here is their response:

Thank you for your correspondence. I am writing to inform you that unfortunately we are unable to process your recent appeal as you haven’t provided us with all of the relevant details.

For an appeal to be considered you must include the following information;

·         Full name (Initials will not suffice)

·         Serviceable home address

·         PCN number

·         Vehicle Registration.

·         Grounds of appeal, including any supporting evidence.

Please note. The PCN will not be placed on hold. We cannot accept information over the telephone; all correspondence must be in writing.

If payment is not received then additional charges may be incurred, for which the registered keeper may be liable. The matter maybe referred for litigation in the County Court which could result in a County Court Judgment being made against them. This may impact on their ability to obtain credit in the future.

Please ensure you provide ALL of the relevant information correctly and in full and resubmit an appeal in writing on via www.cpmappeals.co.uk. In the absence of a valid appeal or payment, we may request registered keeper details from the DVLA.


I provided all of the above (name, address, PCN, reg) in my second appeal, therefore it must be the grounds for appeal that they are not happy with again. So I still do not have a rejection of appeal from them.

Do I leave it here and wait for their next move, having received no decision on my appeal and therefore, as far as they are concerned, no valid appeal received from me? Or should I appeal for a third time? 

Note, today is now the 29th day since the PCN was issued, well outside of the 21 days given to appeal because they have taken so long to reply to both appeals I have made.

Coupon-mad

Nothing you can do to resolve this scam until you win in court, unless the landowner will order it cancelled.  Ignore UKCPM and keep evidence that they blocked you from appealing.  The Judge will love that!  Read UKCPM court threads regularly, it will keep you in the loop.

More importantly at this time, please now add your comments on every section of both consultations or nothing will change. 

EVERY VOICE COUNTS AND THE MHCLG ARE LISTENING.

Here's some up to date info from those who have already done the two consultation comments:

HOW TO DO THE SUBMISSIONS:

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

 

On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

 

But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

 

You have to click ‘submit’ separately for each individual clause response.

 

Some people will be caught out by this but can revisit it and add further responses up to 12 October.