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  • FIRST POST
    • snickpan
    • By snickpan 13th Jan 19, 8:30 PM
    • 68Posts
    • 9Thanks
    snickpan
    parking (phone) app didn't work, got ticket
    • #1
    • 13th Jan 19, 8:30 PM
    parking (phone) app didn't work, got ticket 13th Jan 19 at 8:30 PM
    12th April, Saturday evening, I drove 2 blocks to park in a CPM UK Car Park Management site, until Sunday lunch, as I had guests staying, who were going to use my garage.

    CPM had only taken over that week, so I had to install the Android app, which went very wrong. I spent 37 minutes struggling to pay - I reinstalled 3 times, re-registered my card twice, turned the phone off and on twice, and at every restart, tried to book for an 18hr parking period: "regret to inform you carpark is full/prebooked". I tried to book for 16hrs: Regret to inform...". 14 hrs? "regret...". I went all the way down to 2 hrs, so at least I could have my dinner back home, then take it from there. No joy. This would be the point I rebooted phone (again), or re-installed app.

    The carpark was two thirds empty, don't know why it wouldn't allow me to park. The app was recommending other nearby carparks, so there was a lot going on, it easily filled my 37minutes.
    I gave up, drove out of the carpark and found a loading bay that seemed safe overnight.
    Got a parking charge in the post from the carpark, I complained, they disagreed, so I appealed, IAS, IPC, but I lost the appeal (same company?).

    I've ignored letters since then, from DRP (Debt Recovery Plus). I now have a letter from Gladstones, they've been instructed for the debt, "here's ways to pay."
    Now, we all know I was in the carpark TRYING to pay, but I couldn't get the time I wanted.
    Am I knackered? Is their 6 months up? Is there any way I can find out if other people had trouble with the app? App is long since deleted, will it show I was trying to pay for 37 minutes?
    Total 160 due.
Page 1
    • Fruitcake
    • By Fruitcake 13th Jan 19, 9:26 PM
    • 39,139 Posts
    • 87,414 Thanks
    Fruitcake
    • #2
    • 13th Jan 19, 9:26 PM
    • #2
    • 13th Jan 19, 9:26 PM
    Unfortunately you have been scammed.

    The letter from Gladrags is most likely a LBC so you need to follow the guide to court you will find in post 2 of the NEWBIES, written by a poster called bargepole.

    This will take you through, step by step, the process from LBC to the court day itself.

    You should also complain to your MP about this unregulated scam.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 14th Jan 19, 1:32 AM
    • 68,591 Posts
    • 80,863 Thanks
    Coupon-mad
    • #3
    • 14th Jan 19, 1:32 AM
    • #3
    • 14th Jan 19, 1:32 AM
    The letter might be a debt letter asking you to pay DRP, so refer to the NEWBIES thread to read about debt letters in post #4, or LBCs in post #2 of the sticky.
    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
    • The Deep
    • By The Deep 14th Jan 19, 9:08 AM
    • 12,438 Posts
    • 12,575 Thanks
    The Deep
    • #4
    • 14th Jan 19, 9:08 AM
    • #4
    • 14th Jan 19, 9:08 AM
    LBC or begging letter, it is still a scam. You were unable to enter into a contract with them as the method of payment was unavailable. No contract - no breach of contract. Google "frustration of contract".

    Complain to your MP as it is the will of Parliament that these scammers be put out of business.

    Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    Last edited by The Deep; 14-01-2019 at 9:12 AM.
    You never know how far you can go until you go too far.
    • snickpan
    • By snickpan 18th Jan 19, 10:13 AM
    • 68 Posts
    • 9 Thanks
    snickpan
    • #5
    • 18th Jan 19, 10:13 AM
    • #5
    • 18th Jan 19, 10:13 AM
    I'm going to send the SAR - can I add a question about the parking app, asking if it failed for anyone else, or is that not something they'd be aware of.
    Also, should I slip in the phrase 'frustration of contract', is there any chance they'd think "uh-oh, let's cancel his ticket"?
    • Le_Kirk
    • By Le_Kirk 18th Jan 19, 10:25 AM
    • 4,331 Posts
    • 3,482 Thanks
    Le_Kirk
    • #6
    • 18th Jan 19, 10:25 AM
    • #6
    • 18th Jan 19, 10:25 AM
    I'm going to send the SAR - can I add a question about the parking app, asking if it failed for anyone else, or is that not something they'd be aware of.
    Also, should I slip in the phrase 'frustration of contract', is there any chance they'd think "uh-oh, let's cancel his ticket"?
    Originally posted by snickpan
    With an SAR they are only obliged to send you data they hold about you, i.e. the subject. Frustration of contract is for appeals to POPLA or defences at small claims court.
    • Coupon-mad
    • By Coupon-mad 18th Jan 19, 11:09 PM
    • 68,591 Posts
    • 80,863 Thanks
    Coupon-mad
    • #7
    • 18th Jan 19, 11:09 PM
    • #7
    • 18th Jan 19, 11:09 PM
    Also, should I slip in the phrase 'frustration of contract', is there any chance they'd think "uh-oh, let's cancel his ticket"?
    Originally posted by snickpan
    No chance! It's not especially big and clever.
    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
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