UK CPM PCN Notice at Vista Center, Hounslow, IAS 2nd stage appeal

Big_Onion

Hi,

I have received a PCN from UK CPM for parking in Vista Visa center, Hounslow. looking for advice here

Situation: entered the Vista center car park, Hounslow (ANPR time 10:56), started the parking session at 11:03 with wrong car reg number. I started the parking session with my car reg no but that day i was driving my partner's car.

Realized the mistake at 11:35, started a new parking session in JustPark with correct reg. number.

Next contacted the JustPark customer support on chat, explained him the situation. while chatting with agent around 11:40, i had two parking session for both the cars my car (wrong) and my partner's car (correct). After chatting with agent, he cancelled the parking session started at 11:03 for wrong car reg.

1st parking session started with wrong car reg. started at 11:03, ended at 12:04 (cancelled by JustPark agent)

2nd Parking session started with correct car reg. started at 11:36, ended at 13:37

Total stay as per ANPR: 2 hours 37 minutes, parking session covers 2 hours 34 minutes but 1st session was against wrong reg.

PCN received via post to register keeper: 17/02/2023 (my partner is register keeper and i was driving my partner's car)

Appeal to UK CPM: 17/03/2023 (I feel stupid now that i mentioned the driver information in appeal that i was driving, I wish i could have read the MSE forum ealier)

Appeal rejected from UK CPM: 05/04/2023

email with rejection stats this - "Please note, a new notice will automatically be generated and sent to you, as the liability has been transferred into your name. This is for your records only and does not allow you to appeal again internally or transfer liability. You now have 14 days from the date of your new notice to make payment at the reduced fee of £60.00. If payment is not received within 14 days, the fee will increase to the full amount of £100.00."

But i am still waiting for new notice (NTD) as of today 19th April 2023.

Reason given in appeal rejection "Whilst we note the comments and reason for appeal advising you made payment, we can confirm that insufficient evidence has been provided to substantiate your claims. Payment was not made for your full parking period. The photographic evidence indicates the length of time the vehicle remained on site; this information is then cross-referenced with the data from the payment services.  

The vehicle remained on site for a total parking period of 2 hours and 37 minutes, meaning the whole period of parking was not paid for. By remaining on site, this means you are agreeing to the advertised terms and can comply with them. As your vehicle was not authorised to remain on site for the full duration of stay, we can confirm that this PCN has been issued correctly. "

I read the NEWBIES thread and it clearly stats NOT to appeal to IAS. Just wanted to check if my case can be considered for a successful appeal to IAS? As per the UK CPM rejection on 5th April, it ask me to appeal to IAS within 21 days i.e. by 26th April.

Need an advice here.

Coupon-mad

As long as you go into the kangaroo court with your eyes wide open (expect to lose - BUT DO NOT PAY IF YOU DO) and attach lots of evidence (not just hearsay about the two JustPark sessions; screenshots too) then you might see UKCPM offer no contest.

You'd clearly win in court, so no worries!

Firstly try a formal complaint to whoever runs the centre.  Is it that awful lot in that other thread?  It is worth complaining (even knowing they'll tell you to get lost) because they deserve complaints and it will annoy them that their parking firm is causing all this stuff.

I think get your MP to write to UKCPM and the Vista Centre to support your dispute, too.  That often sees a result.

Do ALL OF THE ABOVE CONCURRENTLY but prioritise the complaint first, not the IAS appeal.

Big_Onion

Hi @Coupon-mad ,

Thanks for quick feedback i will try below in order

1. Call India Visa center to cancel the PCN

2. Email my local MP for wrong PCN

3. Appeal in IAS with screen shot and all evidences (Parking session screen shots from JustPark, Chat session history JustPark support agent.

Finally if all above results in PCN still valid - DONOT PAY and wait for court order!!

Cheers

B789

Big_Onion said:

Hi @Coupon-mad ,

Thanks for quick feedback i will try below in order

1. Call India Visa center to cancel the PCN

2. Email my local MP for wrong PCN

3. Appeal in IAS with screen shot and all evidences (Parking session screen shots from JustPark, Chat session history JustPark support agent.

Finally if all above results in PCN still valid - DONOT PAY and wait for court order!! 

No, you would wait for a LoC or a County Court Claim.

1. Plan A
2. Plan A
3. Plan C
4. Plan D is Defending a Claim.

You have already tried Plan B which, unsurprisingly, didn't work out.

Big_Onion

Hi @Coupon-mad ,

Just an update for my case -

17/02/2023 - PCN received from CPM

05/04/2023 - Appeal rejected by CPM

19/05/2023 - IAS appeal dismissed

Jun/23 to Dec/23 - Recovery notices

Feb/2024 - Letter Before Claim from Solicitor (GLADSTONES Solicitors) to settle the claim by March xx 2024 or dispute the claim within 30 days.

I have following question?

1. Do i need to apply to dispute the claim in solicitor's website (as requested in LBC)

2. Do i ignore this and wait for Letter of Claim (LoC) from court?

 

Coupon-mad

Just do what the NEWBIES thread says re LBCs. Template response is there.

Big_Onion

Thanks @Coupon-mad for quick reply,

LBC Deadline was to reply by 2nd march which has been passed. I hope this will not be a problem. I did not reply within 30 days as i was away (out side of UK) for 30 days and returned and found out the LBC letter.

Also on email address for Gladstones Solicitors i can see general inquiries email address. Do i use the generic inquiries email address or can use one of the email address mentioned in this forum (individual solicitor emails)

Umkomaas

Big_Onion said:

Thanks @Coupon-mad for quick reply,

LBC Deadline was to reply by 2nd march which has been passed. I hope this will not be a problem. I did not reply within 30 days as i was away (out side of UK) for 30 days and returned and found out the LBC letter.

Also on email address for Gladstones Solicitors i can see general inquiries email address. Do i use the generic inquiries email address or can use one of the email address mentioned in this forum (individual solicitor emails)

I'd send the reply to all of them. We don't keep an updated list of which email addresses to use. Additionally, solicitors can change their procedures and protocols for response from time to time, so take a belt and braces approach.

Big_Onion

Thanks @Umkomaas for reply.

I have sent the email to Gladstone solicitors and got the acknowledgment as reply. Let's see what they reply.

Big_Onion

Hi @Umkomaas @Coupon-mad ,

Just to update - I am still waiting for any reply from Gladstone solicitors. I sent them reply on 4th March. Is this expected ?

Umkomaas

Big_Onion said:

Hi @Umkomaas @Coupon-mad ,

Just to update - I am still waiting for any reply from Gladstone solicitors. I sent them reply on 4th March. Is this expected ?

Did you ask for a 30 day hold as per the PAP?  If so, you probably won't hear from them until after that date arrives.  Often there's no acknowledgment or confirmation of the hold period from the solicitor firms sloshing about in the private parking swamp.  You're not dealing with John Lewis or M&S!