UK CPM - Initial Appeal

hurdys

Hi, I'm back again! Can't quite believe I've got another one!

This time it is from UK CPM and I think it refers to Marks and Spencer, Moseley. I say think, as the location on the NTK is recorded as “at 1-14 St Marys Row and 1-8 Oxford Road, Birmingham, B13 9EF”. These are two distinct locations and both encompass numerous business and residential premises on both sides of the specified road. They are also at least 200m apart.

The M&S in question "sort of" sits in between the two specified locations and as the keeper of the vehicle I did indeed shop there around the time of the alleged contravention, so I make the presumption that this is the location they are referring to (the photos aren't clear).

I am just about to submit my initial appeal pointing out that they have not complied with paragraph 9 of POFA as they haven't specified the relevant land on which the vehicle was parked. I was about to include a copy of the driver's receipt for that day and point out that they were a genuine customer - however I'm wondering if I would be better served not assisting them in clarifying the location is (if that makes sense) and instead just refer to the fact that the NTK is not compliant with POFA?

(The NTK is also not clear on the circumstances, stating only that the reason for issue is “Vehicle Not Registered or Exceeded Allowed Time (ANPR)")

Gr1pr

As an appeal is plan B, what happened with plan A. ?

hurdys

Just realised I should have said - Have been through M&S Executive CS Team who have been in contact with the Store Manager. Neither have shown any interest and claimed that they don't have an interest in that carpark (laughable) and that I should appeal using the issuer's process. They did eventually give me landlord details who have been more helpful in stating the car park is managed by an estate service charge and have forwarded my email to the management company asking them to sort it out with the camera operator. This was five days ago and I have yet to hear anything back from them. My appeal window with UK CPM closes tomorrow.

Gr1pr

Ok so plan A with the retail park management company is in progress 

Use the blue text template appeal in the newbies sticky thread to appeal it as your plan B

hurdys

Thank you - I've done that but added a couple of bits as suggested in relation to POFA as below. Do you think I should leave that out and stick to the template only?

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

I note from the notice that you cite keeper liability under the Protection of Freedoms Act 2012. I trust that this intention is formed from a knowledge of POFA and therefore I am sure you are aware of your obligations in relation to paragraph 9 in which your notice to keeper must “specify…the relevant land of which it [the vehicle] is parked. The notice states that the location is “at 1-14 St Marys Row and 1-8 Oxford Road, Birmingham, B13 9EF”. These stated locations are two distinctly separate areas consisting of business and residential premises either side of two separate highways. Notwithstanding the fact that they are approximately 250m apart, neither of them appear geographically capable of having a carpark that is managed by you (or indeed anyone else).

Paragraph 9 also states that the notice must “describe…the circumstances in which the requirement to pay them [parking charges] arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable.” The notice states that the reason it was issued is “Vehicle Not Registered or Exceeded Allowed Time (ANPR)”. There is no description of the facts that make the charge payable, indeed the notice itself isn’t sure which of the two supposed contraventions is being alleged.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

However, as the notice is not compliant with POFA in the most demonstrable way possible in it’s failure to even refer to a credible location, I trust that you will be cancelling this notice upon receipt of this appeal.

Coupon-mad

UKCPM won't cancel unless the Managing Agents tell them to, so follow that up again.

hurdys

Coupon-mad said:

UKCPM won't cancel unless the Managing Agents tell them to, so follow that up again.

Thanks, will do. Just wanted to check if there was any point in adding more to the template but I think you've both answered that question!

hurdys

So I just checked the CPM website (paymyticket.co.uk) and it states that the PCN has been cancelled. I've not had any correspondence from CPM about this, which is rather childish of them
I've not had any correspondence from anyone else either, but will update the thread as soon as I do. The irons that were in the fire were:
1) Plan A - retailer. M&S weren't interested, claimed they had no interest in the carpark
2) Plan A - landowner. I've emailed the estate management company twice (to include a copy of CPM's follow up Final Chance Before Action notice). I had two email addresses, one bounced back with an out of office until today reply, the other I've had no response from
3) My MP's office confirmed he would be writing to them earlier this week, no update from them yet
4) The appeal with CPM themselves.

I'm presuming it has been cancelled due to intervention from 2) or 3) as 4) isn't likely (although they may have recognised their failure to provide a location would be a serious issue for them?) so I await a reply from one of them.

EDIT - confirmation from MP that they replied to him stating they would cancel it as a "gesture of goodwill" (he added "if you believe that" which amused me.

Coupon-mad

Nicely done that MP!  Do you mind saying which MP? Sounds like they are on the ball.

hurdys

It was Al Carns, Selly Oak, Birmingham. Newly elected, previous incumbent was Steve McCabe who was equally helpful in the past.

Coupon-mad

Very good to know.