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  • FIRST POST
    • Amaka123
    • By Amaka123 20th Jan 18, 8:18 PM
    • 18Posts
    • 4Thanks
    Amaka123
    Help please - Formal Demand Letter from CPM
    • #1
    • 20th Jan 18, 8:18 PM
    Help please - Formal Demand Letter from CPM 20th Jan 18 at 8:18 PM
    Hi,
    Hoping someone can help me, I've read all the sticky threads but want to be sure I'm doing the right thing.

    I found a parking fine ticket on my windscreen back in December last year for parking on what I didn't realise was a private road. I have since found out that the first part of the road isn't a private road but further up it is. There are no sign signs to say - "this road is now a private road" however further up the road there are signs on walls which say "no parking at any time". I didn't go this far up the road (and even if I did I doubt I'd have noticed them as the text is very small). I parked up before I had driven far enough up the road to see the signage.

    Anyway I ignored the windscreen fine as thought that was what was recommended but have since received a Formal Demand letter which has spooked me a bit and did my research online and found this forum advice.

    The company I got the letter from is CPM which is a member of IPC so I plan to send the below letter which you provide the template for. However the letter I received shows a photo of my car and a separate photo of the signage so are points 3 and 4 still relevant? Should I be using a different letter template?

    Thanks in advance


    Dear UK Car Park Management

    Re PCN number:

    I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

    1. Who is the party that contracted with your company and are they the landowner?
    2. Is your charge based on damages for breach of contract? Answer yes or no.
    3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
    4. Please provide all photographs taken of this vehicle.
    5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

    Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than 250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

    I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
Page 2
    • KeithP
    • By KeithP 16th Oct 18, 3:48 PM
    • 14,668 Posts
    • 16,856 Thanks
    KeithP
    Sorry it was 14 days - stated in red on the thread titled:
    Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread

    It may be that I am reading something that doesn't apply to me but I thought it did? I am getting confused as lots of the info relates to people dealing with tickets from Parking Eye/Car parking violations - but mine isn't from Parking Eye and is for parking on a private road.
    Originally posted by Amaka123
    Yes you are reading something that doesn't apply to you.
    Nor does it apply to anyone else.

    Did you see the date of those posts? 2013.

    A lot has changed since then.
    In particular, a Pre-Action Protocol for Debt Claims (PaP) was introduced in October 2017 which amonsst many other things stipulated that thirty days notice of court action must be given.

    Google those bold words for the full text. It's easy to read.
    .
    • Amaka123
    • By Amaka123 17th Oct 18, 7:47 AM
    • 18 Posts
    • 4 Thanks
    Amaka123
    Yes you are reading something that doesn't apply to you.
    Nor does it apply to anyone else.

    Did you see the date of those posts? 2013.

    A lot has changed since then.
    In particular, a Pre-Action Protocol for Debt Claims (PaP) was introduced in October 2017 which amonsst many other things stipulated that thirty days notice of court action must be given.

    Google those bold words for the full text. It's easy to read.
    Originally posted by KeithP
    Thanks I will read into that, and thanks for clarifying the info I was looking at was out of date.
    • Amaka123
    • By Amaka123 29th Apr 19, 2:30 PM
    • 18 Posts
    • 4 Thanks
    Amaka123
    So yesterday I received a letter reply from Gladstones (reply to my letter sent on 23.1.2018).
    They have provided answers to my 5 questions, along with half a dozen photographic images of my car parked up and an image of the signage.

    At the end they say: Please refer back to our Letter Before Claim and then they give me details of how I can make payment. It says that if I don't pay in next 30 days, further legal action will be taken.

    Am I to respond to this letter in any way or do I sit and wait for the court papers to now arrive?

    Thank you in advance for any help.
    • Coupon-mad
    • By Coupon-mad 29th Apr 19, 2:53 PM
    • 71,904 Posts
    • 84,322 Thanks
    Coupon-mad
    I must get around to an edit of the NEWBIES thread to add this, seeing as only the regulars read every defence thread and see this said time and again:

    https://forums.moneysavingexpert.com/showthread.php?p=75754579#post75754579

    Please don't disappear for months on end now you are at this stage.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Amaka123
    • By Amaka123 30th Apr 19, 5:48 AM
    • 18 Posts
    • 4 Thanks
    Amaka123
    Thanks for the reply but I don’t understand what you are telling me.

    Do I respond to their letter or prepare a defence ready for when they send Court Claim through?

    I have read lots of info on the newbies thread and feel I could write a defence but I’m unsure if that’s the next step or whether that’s a bit premature?

    Please can someone clarify for me? Thanks
    • Coupon-mad
    • By Coupon-mad 30th Apr 19, 9:11 AM
    • 71,904 Posts
    • 84,322 Thanks
    Coupon-mad
    Did you wait 2 or 3 seconds for the link to land on Umkomaas' actual post (not the entire thread) telling people how to respond to solicitors to buy yourself 30 days?
    Last edited by Coupon-mad; 30-04-2019 at 1:13 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Amaka123
    • By Amaka123 30th Apr 19, 12:06 PM
    • 18 Posts
    • 4 Thanks
    Amaka123
    I did what you suggested (searched for debt advice) on this form but I still don't feel much wiser I'm afraid.

    So, do I just send a letter back to Gladstones saying:

    "I am now seeking debt advice, albeit any debt is denied, and thus you must put the case on hold for 30 days."

    Then what do I do? Should I be doing something in the meantime whilst awaiting 30 days to pass and them to issue court proceedings?

    Thanks
    • Coupon-mad
    • By Coupon-mad 30th Apr 19, 1:15 PM
    • 71,904 Posts
    • 84,322 Thanks
    Coupon-mad
    Yes you send that by email to Gs.. It buys you 30 days to get your SAR

    I assume you'd already done what the NEWBIES thread says about that?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Amaka123
    • By Amaka123 30th Apr 19, 3:09 PM
    • 18 Posts
    • 4 Thanks
    Amaka123
    Yes you send that by email to Gs.. It buys you 30 days to get your SAR

    I assume you'd already done what the NEWBIES thread says about that?
    Originally posted by Coupon-mad
    No, I hadn't done the SAR....
    I have now written an SAR letter to send to UK Car Park Management and will also email them with the same letter.
    I will also email Gladstones about debt advice as you stated previously.
    Thanks
    • Amaka123
    • By Amaka123 17th May 19, 6:27 AM
    • 18 Posts
    • 4 Thanks
    Amaka123
    So I have received an email in response to my SAR request. They have provided all data they hold on me and attached documents.

    So, what do I do now? Do I sit and wait for the next letter which I expect will be court papers or do I need to start preparing my defence now? Or something else? Thanks
    • Le_Kirk
    • By Le_Kirk 17th May 19, 9:06 AM
    • 4,785 Posts
    • 4,257 Thanks
    Le_Kirk
    Start researching for your defence based on what info the SAR turned up. You can look at the several concisely written defences by Bargepole and others in the NEWBIE thread post # 2.
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