UK Car Park Management ignoring invoice rejection

c1223 · 1 February 2017 at 4:08PM

Received an invoice as a car which I am the keeper of was incorrectly parked. Long story short is that the driver had to temporarily (3 minutes max) leave their car "illegally" parked (although not blocking any access or otherwise) in order to move a work van out of the space in which they would then place the car.

Incident occurred on 01/10/16. As the car is a lease car, the finance company received the invoice and transferred liability to lease holder on 08/10/16. The invoice was then received by the leaseholder about a month (05/11/16) after the incident.

Around just over 2 weeks later a letter was sent to UK CPM rejecting the invoice as they hadn't complied with PoFA 2012. UP CPM were warned that further use of personal details would be a breach of the DPA. Roughly 2 weeks after that (05/12/16) UK CPM sent a reply saying the appeal was carefully considered but "unsuccessful" on this occasion, essentially ignoring the content of the letter that had been sent to them.

What are the options now?

The back story of their non-compliance with the PoFA is that as per 14 (2) (a) (my bold):

the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;

Not one of those documents was included, and if I calculate correct, their deadline to send them to me is 21 days after the lease company sent them?

I believe the situation in this thread is similar to mine?

Should I appeal with the IAS or should I send them a letter before claim for continuing to use my personal data?

Also, I assume that I've got my argument correct and that they haven't complied with PoFA?

Thanks

Fruitcake · 1 February 2017 at 4:32PM

An IAS appeal is a waste of time. It is believed that the IPC guarantee their members an 80% rejection rate at IAS appeal.

There is no point in sending an LBC unless you are going to actually proceed with it.

I believe you are correct with the scammers failing to follow the POFA 2012, but it doesn't stop them pestering you for money because many people simply pay up.

I think there is information about Notice to Hirer/Leaser in the NEWBIES thread that it would be worth you looking at if you haven't already seen it.

Redx · 1 February 2017 at 4:36PM

IGNORE unless you get an LBC or an MCOL, same as the thousands of others in a similar position (6 years to try a court claim)

they will have ignored what you have said too , they dont care , they just want your money , nothing else

by all means claim the moral high ground , they still dont care

c1223 · 1 February 2017 at 5:55PM

OK thank you for the advice.

Is there a chance if I ignore it that this ends up going to court?

Fruitcake · 1 February 2017 at 6:00PM

c1223 wrote: »

OK thank you for the advice.

Is there a chance if I ignore it that this ends up going to court?

There is a chance, yes. The scammers have six years to bring a claim.

You may get a raft of debt collector's bog paper for a while, which is useful if you have a real fire and a paper log maker, or need some hamster bedding but not much use for anything else.

However, a proper defence using their inability to follow the strict requirements of the POFA 2012 will see them off allowing you to counterclaim for a DPA breach.

Half_way · 1 February 2017 at 6:18PM

Have you been charged anything by the vehicle lease company?
and have you complained to the landowner/who ever took on the parking company?

c1223 · 1 February 2017 at 7:11PM

I haven't been charged an admin fee. I don't believe VWFS charge you...? I definitely didn't get charged by them when I got caught doing 24 in a 20 zone....

I'm not sure who the landowner is. I'd could try find out from the boss.

Coupon-mad · 1 February 2017 at 8:58PM

c1223 wrote: »

OK thank you for the advice.

Is there a chance if I ignore it that this ends up going to court?

A VERY UNLIKELY chance:

http://www.bmpa.eu/companydata/UK_Car_Park_Management.html

40,000 PCNs issued in 2016, ten court hearings (mostly for multiple tickets IIRC and we win almost every defended claim we assist with here anyway). same as everyone else here, wait and see and NEVER pay the scum industry.

c1223 · 2 February 2017 at 12:08AM

Is there any reason not to appeal to the IAS (even if they'd probably reject my appeal)?

Surely I might as well, and then if it isn't accepted just ignore future communications?

Coupon-mad · 2 February 2017 at 12:11AM

My view has been given several times:

DO NOT hand the PPC the perceived advantage they could wave in court as 'appeal rejected by the IAS 'independent' ADR'. Judges will not know it's known by consumer groups to be a kangaroo court. Puts YOU on the back foot, always fills posters with self-doubt.

Much better not to go there.

[Deleted User] · 2 February 2017 at 2:11AM

Just ask for proof that they (a) have a valid contract to issue the ticket and then start making hay with that. The sheer number of tickets issued vs demonstrating the correct legal entitlement to issue tickets means that they cannot enforce them all.

I'm 2 months on having been ticketed by the same provider. I have yet to receive any response to those questions (perhaps because they can't?)

Good luck to you, but I would be minded after my experience to advise most people to challenge first....

UK Car Park Management ignoring invoice rejection

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