UK CPM Postal letter

jay-uk

Hi guys

I received a PCN letter from these cowboys (no windscreen ticket). The car was parked on a private residential spot (non allocated space) to quickly drop something off at an aunts who lives in a council block. There is no elevator so I had to walk up quite a few flight of stairs and once I was up there i saw one of these cowboys taking a photo of the car when looked over the balcony. I shouted to get his attention and told him im just literally dropping something and already on my way down and he said its fine dont worry. I was still cautious about it so i went down and spoke to him again and he said its fine whilst he walked away. Low and behold I got a ticket through the post. My aunt and uncle heard him say it was fine too and they offered me a permit to use but I was not staying anyway. I read the Newbies but the template doesnt really work as its for "not displaying a valid permit". I will try contacting the land owner but im still worried. I've attached the letter below which shows the photos but not even the time he waited for me to potentially get a permit. Is it ok to just ignore or should i appeal online with the information above? Appreciate any help

Coupon-mad

I assume you mean a Housing Association because UKCPM do not work for Councils.  Get your relatives to IMMEDIATELY (this Tuesday) get on the phone with a note of your numberplate & PCN number and loudly and insistently complain to the HA who can cancel this rogue PCN in minutes.

THIS IS TOTALLY UNACCEPTABLE PREDATORY IMMEDIATE TICKETING.

Only if the HA complaint fails - and when I say "insist on cancellation" I mean they really go for it,  stay on the phone and do not take "no" for an answer and DO NOT accept being told "appeal to UKCPM".  

No you can't.  LOL...there's no appeal.

ONLY if the HA complaint fails after seriously trying it this coming week, send one "appeal" stating you were fetching the permit and no fair consideration grace period was allowed to fetch it.  

THEN IGNORE UKCPM. DO NOT TRY IAS.

But you know all that bit, from when you read NEWBIES PLEASE READ THESE FAQS FIRST.

Half_way

Jopson vs Homeguard springs to mind here.

 As above do not be fobbed off wth a nothing to do with us take it up with the pakring company .

 if ti comes to it you must tell the HA that they are jointly and severally liable for the actions of their agents, and if this is not cancelled then they (The HA)  may be liable for your costs and expenses , including any breaches of GDPR by the un regulated parking company

Mouse007

Do look up and read Jopson v Homeguard, an appeal case in which the Judge ruled stopping to drop something off is NOT parking.

jay-uk

Thank you all! I will get my relatives to complain tomorrow. They are not argumentative but I will try push them to stand their ground. Will update in due course

Johnersh

You would have to go to the property to get a permit to be able to display it. So in essence this is

1. a failure of a grace period. 
2. or, if no grace period were required, the contract becomes impossible to perform since the parking driver is intentionally afforded no opportunity to comply with the terms. A breach of contract is created immediately that the ignition is switched off.

jay-uk

I just had an update from my uncle. So last week he ended up going to the housing association and argued with them about the rogue parking company and that I was getting a permit when this all happened. They said they are looking in to it and gave a reference number. Since then my uncle has been calling for an update. The person who is dealing with it has been off sick and another advisor today said in the mean time I should send an appeal to the private company since my uncle is not the person who received the ticket and so they have it on record that we've taken action on both avenues. Once the advisor is back he will deal with it. Does this sound like the best course of action?

The 2 weeks "discount" has obviously relapsed...I am planning to do the appeal online stating the driver (not mentioning who was driving) was fetching the permit and no fair consideration grace period was allowed to fetch it and also mention a complaint has been sent to the housing association for this unfair practice. 

Coupon-mad

And add to the appeal that a formal complaint has been made with the housing association.

jay-uk

The parking management have just responded to my appeal via email with the following:

We write to acknowledge receipt of your recent correspondence.

 If you were not the driver of the vehicle you should notify us of the drivers name and current address and pass the notice to the driver within 28 days from the notice; you can do this via  

https://transfers.uk-carparkmanagement.co.uk. 

  If you wish to appeal as the registered keeper and accept liability, please resubmit an appeal in writing or via https://www.cpmappeals.co.uk/. 

  

IMPORTANT NOTE: If we have not been made aware of the name and a current address for service of the driver, from 1 October 2012 under Schedule 4 of the Protection of Freedoms Act 2012, we do have the right, subject to the requirements of the Act, to recover the unpaid amount from the registered keeper of the vehicle at the time it was parked. 

Should I respond with my actual details? They haven't acknowledged or responded to my reasons of appeal

KeithP

Ignore that and wait patiently for your appeal to be rejected.