Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: taffer87 on September 03, 2024, 01:39:51 pm
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Well that's a good result, and very unlike CPM ;D You had a good case, but I'm amazed they didn't palm it off onto debt collectors to pester you - get yourself a lottery ticket, your luck's in!
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sorry just to close this eventually UKCPM refused the email so I sent the same appeal to IAS (other than minor reference changes to refer to UKCPM correctly) and UKCPM cancelled the charge two days after so IAS appeal process halted.
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You are dealing with ex-clamper thugs and cowboys. CPM were never going to accept any appeal. No money it for them. You may want to have a study of the IPC Code of Practice (CoP) to see what they are required to do with regards to providing you with an IAS appeal code, for what it's worth (sod all). Had they proved you with an IAS code, you would have a less than 5% chance of having it being successful anyway.
You are best to wait and see if/when they are stupid enough to try and recover their alleged debt in the ultimate dispute resolution service... the small claims track in the county court. Their modus operandi is going to be to inundate you with useless debt collector letters which you must ignore. They are simply hoping you are low-hanging fruit on the gullible tree and will capitulate and pay up once they threaten litigation.
Your initial appeal was the correct response and as long as the driver remains unidentified, they have nowhere to go with this, especially if it goes to court. There is no legal obligation on the Hirer to identify the driver. No need to mention other drivers or insurance. You simply do not ave to identify the driver, full stop.
Come back if/when you ever get a Letter of Claim (LoC). If you move home/change address in the next 6 years, inform them of the change of address. That's it.
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sorry that's right - can one of the mods please move this. Apologies for the error.
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This concerns a private Parking Charge Notice. It needs to be moved to the private parking forum.
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Received a notice to hirer from CPM dated 30 July - who sent the notice to keeper to VWFS on 28 July regarding a parking event on 26 July
They didn't include the required documents as per POFA so I sent them below appeal on 5 August 2024
Initial appeal submitted online"Dear Sir, I refer to the above-detailed Parking Charge Notice (PCN) issued to me by you as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its hirer keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (�POFA�) and I write to formally challenge the validity of this PCN. You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why your Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular. Given that UKCPM has forfeited its right to hirer/keeper liability (by not complying with mandatory requirements of POFA), please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (IAS), their contact details and a unique IAS appeal reference so that I may escalate the matter to IAS. There will be no admissions as to who was driving and no assumptions can be drawn as multiple people drive the car and are on the insurance. You must either offer me a IAS code or cancel the charge. Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice. Yours faithfully,"
They replied on 20 August 2024 with below and haven't said anything since - online the PCN Shows full £100 and says its 4 days past due date. Any advice what I should do? Are they required to give me IAS code to appeal there or will they just pass to their normal debt collectors and start the multi-year process to intimidate? I have not responded to this email from them, which came from a "no reply" email ID in any case. Was I supposed to submit same appeal afresh - thought will wait and receive the IAS code from them - maybe its too soon though
CPM response on 20 August via email"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 23rd August 2024 via 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."