CUP enforcement parking fine

lv01

My partner received a parking fine via CUP enforcement which was dated 23/12/21, however we haven't received the letter until the 07/01/22. By this time we were out of the 14 days, and was defaulted to the higher charge of £100 instead of £60. I have contacted them on their website, requested a copy of the messages I sent 3 times, however nothing was received until this day (since the 7th Jan). Few days later I wrote emails to their designated info email address, but still no answer. I called their company number where I could only talk to the receptionist who told me they have a huge backlog and should be in touch with me within 7 days. Of course, that didn't happen.
Now my questions are:
1. Am I right to ask them for a proof the letter was actually posted on the 23rd Dec? as it's doesn't seem like it as there is no way the letter reached us this late even with calculating all bank holidays. (It was posted 1st class)
2. Should he wait until they contact him or better off paying the fine  as knowing them they will give this case to the bailiffs?
3. If he pays the £100 what are the chances he would get the £40 refund back as he wanted to pay it within 14 days, but the letter hasn't reached him on time.
4. Regarding the website correspondence which was never received (despite requested copies) can this be challenged? As we tried to contact them but they seem to be unreachable. On the phone only get to reception.
5. With the appeal they request MOT details and full service history. Is this legal? We don't want to share this information as it is nothing to do with them.

Umkomaas

Date of the parking event please?

KeithP

lv01 said:

5. With the appeal they request MOT details and full service history. Is this legal? We don't want to share this information as it is nothing to do with them.

Perfectly legal.

They could ask you for your inside leg measurement - doesn't mean you have to tell them.

Redx

Your partner received an invoice ( for alleged breach of contract ) , not a fine ! CUP cannot fine anybody !

1) your partner can ask , they can refuse or ignore , or reply , their choice

2) they cannot involve Bailiffs without a court order , it hasn't gone to court , so no Bailiffs

3) no chance , zero

4) your partner can email a SAR , ask for all documents , pictures , date of posting , etc

5) they can ask , he can refuse

Date of event please

Coupon-mad

Jeez, a rogue PPC is asking for MOT details, whaaat?!

You don't phone and you don't PAY the likes of CUP!  Read the forum NEWBIES thread. 

D_P_Dance

It is NOT a fine, please read the newbies and complain to your MP.  

Coupon-mad

Actually I am so concerned about this (never seen it before) can you show us a screenshot?

 With the appeal they request MOT details and full service history. Is this legal? We don't want to share this information as it is nothing to do with them.

Half_way

MOT and service details completely irrelevant, and asking for them smells like a GDPR breach, where you are supposed to only gather, store, process etc relevant data.

Who's car park was this?

lv01

Umkomaas said:

Date of the parking event please?

20/12/2021

Umkomaas

lv01 said:

Umkomaas said:

Date of the parking event please?

20/12/2021

While I don't doubt the NtK arrived on 07/01/22, by law it will have been deemed 'given' (arrived) on 30/12/21 - second working day after sending, which in the absence of proof to the contrary, is the Date of Issue. So from a PoFA point of view, the dates meet requirements, but we don't know whether the prescribed wording of the NtK passes muster. 

Coupon-mad

Coupon-mad said:

Actually I am so concerned about this (never seen it before) can you show us a screenshot?

 With the appeal they request MOT details and full service history. Is this legal? We don't want to share this information as it is nothing to do with them.

Please show us this appeals page.

2. Should he wait until they contact him or better off paying the fine  as knowing them they will give this case to the bailiffs?

It is not a fine.  No-one (except those with more money than sense, or no internet skills) pays this sort of extortion.

No trader can 'give a case to bailiffs'.  The system doesn't work like that in this country.  My goodness, please don't think that tedious debt crawler letters (to be ignored) are bailiffs!

3. If he pays the £100 what are the chances he would get the £40 refund back as he wanted to pay it within 14 days, but the letter hasn't reached him on time. 

No chance.  Please stop this talk about thinking people 'have to pay'.  Things might be different after this rogue industry is properly regulated later this year.  Hope so.  But right now, absolutely not.