CPM Parking Charge Notice - Do I have to identify the driver?

LDast

Simply put... has the known keeper blabbed the unknown drivers identity to the PPC? If not, the known keeper simply tells the PPC to go sit on a sharp stick and rotate as the NtKs do not comply with the requirements of PoFA to enable the PPC to transfer liability for the PCNs from the unknown driver to the known keeper.

Not that this will stop the rogue PPC from refusing the appeal but you at least have to establish that they have been made aware that the person the are pursuing is not liable for the PCN.

Coupon-mad

Please can the OP delete the quote from the MSE Guidance 'no nonsense approach' which is not good enough and NOT part of this forum?  Stop reading that immediately!

Manc1997

I have drafted a template and would like to ask a few questions about the appeal we plan to make. 

Does the Registered Keeper: 

1. Appeal both of the parking charge notices via the appeal website?
2. Send a letter or email to UK CPM regarding the previous PCN that I am now receiving debt collector letters for? I ask this because I don’t think it is possible to appeal this one via the website.
3. What are the main points that they should be making in this appeal? And do they respond to each of these charges with the same document?

Is there anything there that shouldn't be there or has anything been missed out?

-------------------------

UKCPM

[UKCPM Address]

Dear Sir/Madam,

Re: PCN Nos. [PCN Numbers]

I am writing to challenge the above Parking Charge Notices (PCNs) as the registered keeper of the vehicle. Please address all future correspondence directly to myself at the address listed above.

I challenge these PCNs on the following grounds:

1. Lack of Evidence for Period of Parking: The notices fail to provide a specific period of parking. They do not describe the duration of the alleged parking violation, which is necessary for understanding the basis of the charge.
2. Non-compliance with POFA 2012: The notices do not invite the registered keeper to pay the charge as required by Schedule 4 of the Protection of Freedoms Act 2012 (POFA). Furthermore, the notice does not comply with the statutory requirements of POFA, including but not limited to the failure to identify the “period of parking”.
3. No Assumptions on Driver Identity: As the registered keeper, I do not admit to being the driver at the time of the alleged breaches. The vehicle is driven by multiple family members, and the actual driver at the time of the alleged incidents is unknown. The previously 'named' driver has rejected liability, and the registered keeper was mistaken in their initial identification.
4. Registered Keeper’s Condition: During the time of the alleged breaches, the registered keeper was heavily pregnant or post-partum, making it difficult to recall who was driving the vehicle on those specific days and times.

For the earlier PCN for which I am receiving debt collector letters, I request that all actions regarding this matter be halted immediately, and that any further correspondence be directed to myself, not to any third party. Given the reasons listed above, I request that you cancel the charges associated with these notices.

-----------------------------------------------------------------------------------------------------------------------------

Thank you.

Gr1pr

Q1 ) yes, if possible, post if not possible 

Q2 )  letter if appealing, assuming that the website won't allow an appeal 

Q3 ) use the same appeal if it applies to all, or a bespoke appeal for each one if they are different, so adapted where necessary 

But, expect every one to be rejected 

Manc1997

Below is the response I received for the 2 charges that haven't reached the 28 day "limit":

Re: Parking Charge Notice ********

 

We write to acknowledge receipt of your recent online appeal against the issuing of a Parking Charge Notice (PCN) to the vehicle for a breach of the advertised terms and conditions.

 

However, we must advise that we are unable to process your appeal as we cannot verify the information provided.

 

In order for us to deal with an appeal we require the full and correct name and serviceable address of the driver of the vehicle at the time of the contravention.

 

Please provide this information by 31st July 2024via the appeals contact form at appeals.uk-cpm.com.

 

If this information is not provided using the correct procedure, by the specified date, our normal collection process will continue.

I have also sent my appeal to the third notice as a letter (recorded delivery), and will update with the response.

Fruitcake

Manc1997 said:

Below is the response I received for the 2 charges that haven't reached the 28 day "limit":

Re: Parking Charge Notice ********

 

We write to acknowledge receipt of your recent online appeal against the issuing of a Parking Charge Notice (PCN) to the vehicle for a breach of the advertised terms and conditions.

 

However, we must advise that we are unable to process your appeal as we cannot verify the information provided.

 

In order for us to deal with an appeal we require the full and correct name and serviceable address of the driver of the vehicle at the time of the contravention.

 

Please provide this information by 31st July 2024via the appeals contact form at appeals.uk-cpm.com.

 

If this information is not provided using the correct procedure, by the specified date, our normal collection process will continue.

I have also sent my appeal to the third notice as a letter (recorded delivery), and will update with the response.

Do not respond. Just see what they do next.

Coupon-mad

Dear UKCPM,

ref:  3 x PCNs xxxxxxx xxxxxxx and xxxxxx

No. There is no law requiring a keeper to name the driver.  Nor can you make a presumption. Nor can you deny me my right to appeal.

I appealed as the registered keeper.

I am entitled to appeal. Get over it.

I can't wait until you are (one day) finally banned by the DVLA because clearly you and your ilk are incapable of complying with the proper, incoming statutory Code. That'll make you all get a real job.  How about doing something useful for society next time?

Do not add £70 per PCN. The alleged debt is disputed and not suited to 'debt collection'.  You have no legitimate interest to add 'fees'.

Either clear off or take me to court now for all three PCNs, with no extortionate fees added.  If you farm these out to your scum pseudo 'debt recovery' parasite friends I will not reply and will not pay you or them a penny. 

Yours faithfully.

Manc1997

Thanks, will send this in.

Manc1997

Response received for both online appeals:

PAYMENT DUE DATE: 28th August 2024

TOTAL AMOUNT DUE: £60.00

Dear Ms xxx xxxxx,

Thank you for your appeal against the above Parking Charge Notice.

At UK CPM we consider all appeals on a case-by-case basis. We take each appeal very seriously and thoroughly investigate any evidence that has been provided. We appreciate your circumstances and understand this is not a situation anyone would like to find themselves in; however, these parking conditions have been put in place to ensure fair usage for all motorists and support the needs of our client. After careful consideration, it is unfortunate that I am writing to you today to advise that on this occasion, your appeal has been unsuccessful.

The decision to uphold your parking charge notice has been made on the following basis.

Whilst we note the comments and reason for appeal, as per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions. As the vehicle was parked without a valid virtual permit for the full and correct registration, we can confirm that this PCN has been issued correctly.

You have now reached the end of our internal appeals procedure and therefore you now have two options; either pay or appeal to the Independent Appeals Service (IAS) - you cannot do both. 

To make payment of the total amount due as shown above, please use one of the following payment options;

• Online: www.paymyticket.co.uk
• Telephone: 0345 463 4040 (24hr)
• Post: Payments & Collections, PO Box 3114, Lancing, BN15 5BR

Alternatively, if you do not agree with your internal appeal outcome and you wish to dispute the matter further, as you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.

The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. If you decide to appeal to the IAS, you will need to visit their website and use your PCN reference and corresponding vehicle registration. All PCN's will be uploaded to the IAS website by the end of this working day.

If you appeal this charge further then you will lose the ability to pay at the reduced rate (if applicable). In the event that your IAS appeal is unsuccessful, the full amount for the PCN will then be payable. If you lodge an appeal with the IAS and then subsequently pay the charge prior to that appeal being determined, then the appeal will be withdrawn, and you will not be given a further opportunity to contest the charge.

If you do not wish to dispute the matter further and payment is not received within 28 days of the date of this correspondence then additional charges may be incurred, for which you may be liable. If the charge continues to remain outstanding, the matter may be later referred for litigation in the County Court which could result in a County Court Judgment being made against you; this may impact on your ability to obtain credit in the future.

 

UK Car Park Management Ltd
Switchboard: 0345 463 5050
www.uk-cpm.com
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Gr1pr

So impasse stage, neither side budging, file it away and sit and wait for any further developments