Author Topic: Car Park Management Services (cpms)ltd Dept 142, 19 Lever Street Manchester, M1  (Read 864 times)

0 Members and 737 Guests are viewing this topic.

Hi, a few years ago I received a parking fine for parking in a private parking space. The parking space didn’t have any signs saying I can’t park in the spot because the wall was broken. I was going to a dentist appointment and all the parking spaces were taking up. The fine was from someone else not my dentist?

 Let me know if you need anymore info and best advice moving forward?

See links below
https://drive.google.com/file/d/1iSHF-kIDQanyfMzCmMk2YLoHvHbc2BYN/view?usp=drivesdk

https://drive.google.com/file/d/1DcTy8YiJq4CToV6jXFlUj7qVAXciD8Gy/view?usp=drivesdk

https://drive.google.com/file/d/1FBtP-ws-yYTvWYAjLVw-0yFs3ix_Sd_r/view?usp=drivesdk

https://drive.google.com/file/d/1L0pmxxtFM7QRI8ifEX9LRTc1g6brHsLB/view?usp=drivesdk

https://drive.google.com/file/d/1TzPWbMXC882MCBEqAEEzpZu09Wt-IQlF/view?usp=drivesdk

https://drive.google.com/file/d/1Y1I45JATIfFb4Y5ERYejy6nq8-enCdHO/view?usp=drivesdk

https://drive.google.com/file/d/13MBgIexw1WWmP9R89CQk5AtkvplPg42Z/view?usp=drivesdk

Many thanks
Sam

Share on Bluesky Share on Facebook


You need to make the links open access, at the moment it requires me to sign in and request permission. It would also help if you could label the links so that we don't have to open all 7 to find out what they are.

It may also be helpful to outline what communication (if any) you have had with the company.

You can access the links now.

My response was, the wall was broken and the parking space wasn’t assigned to anyone

What do you mean "moving forward"? Do you have a question because this has now been revived since you received the Notice to Keeper (NtK)?

We would need to know whether the driver was identified, inadvertently or otherwise when you (I presume the Keeper) initially appealed? If the driver has been identified, then that is a pity because there was very solid defence if the driver was not identified because, according to the NtK that was issued under PoFA para 8, the Notice to Driver (NtD) that was affixed to the windscreen was not PoFA compliant with para 7(2)(a).

What that means is that if the driver was not identified, the Keeper could not be liable for the unidentified drivers alleged breach of contract. If the driver was identified either because the Keeper said they were the driver or just said silly things like "I did this or that" instead of "the driver did this or that", then the no Keeper liability defence is moot.

However, there is no evidence that a contract was formed with the driver because they have not evidence that the vehicle was parked for longer than the minimum consideration period. Also, there is the issue with signage but they may be able to deflect that one if there was an entrance sign that conformed to their Code of Practice and plenty of other terms & conditions signs in the car park.

I don't see where the collapsed wall argument comes into it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you for the response.

My question is am I in the wrong? Do I need to pay the fine? Will I go to court or get a CCJ?

How can I complain to stop their constant letters and emails?

What “fine”? Please show us what “fine” you received. I will personally give you £100 for every occurrence of the word “fine” you can show us in any correspondence you have received over this incident.

If you are referring to the Parking Charge Notice (PCN) you received, that is not a “fine”. Only a local “authority” can issue a parking “penalty”. What you received is a speculative invoice for an alleged breach of contract by the driver from an unregulated private parking firm of ex-clampers. They are certainly not an “authority” of any sort and definitely cannot issue “fines” or “penalties”.

As to your question of whether you will go to court... what exactly are you imagining if you did? This is not a criminal matter so the only court that would be involved is the County Court, not the Magistrates Court. This would be a civil dispute over an alleged debt and no debt is owed unless, after hearing all the facts from both sides, would a judge decide whether the debt is owed or not.

As to whether you could get a CCJ, that question is precisely the fear and ignorance these firms prey on. They rely on the low-hanging fruit on the gullible tree being easily intimidated into paying out of ignorance and fear.

So, unless this has already been appealed and you are now asking about the next steps, perhaps you should read the following in order to understand the process a bit better:

These unregulated private parking firms and their pet debt collectors thrive on one thing: the public’s ignorance of how County Court claims and CCJs actually work. They know that if they can make you believe that “a claim” or a “debt recovery” letter somehow wrecks your credit rating, you will panic and pay them. The gullible tree is full of low-hanging fruit, and they make a very good living shaking it.

Here is the reality, which you should read and take a “life lesson” from...

A Parking Charge Notice (PCN) from a private firm is not a fine. It is just a speculative invoice for an alleged breach of contract by the driver. At that stage, nothing touches your credit file.

If you are not successful in appealing the PCN – and appeals are almost never successful at the initial stage and rarely at the secondary, supposedly “independent” (but not) appeal – most low-hanging fruit do not understand that those decisions are not binding on them and they should never just pay. Many do, however, because they are ignorant of the process and fearful of imaginary consequences.

If you then get “debt recovery” letters from so-called debt collectors, those are just more speculative invoices dressed up in scary language designed to prey on your ignorance and fear. Debt collectors have no legal powers whatsoever to come to your door, take goods, or report anything to credit reference agencies. You could receive fifty of those letters and your credit rating would be unchanged.

As part of the modus operandi of these unregulated firms, the next formal step is usually a Letter of Claim (LoC). That is just a threat that they may start a County Court claim. Even then, your credit record is still untouched. It is simply a threat of legal action, not the result of it. Just more attempts to intimidate the low-hanging fruit on the gullible tree into paying out of ignorance and fear.

Only if they go ahead and issue a County Court claim do you enter the court (judicial) process. A Claim Form comes from the court, not from a useless and powerless debt collector. Getting a claim issued against you does not, by itself, affect your credit rating. A claim is simply an allegation that you owe money. You have the right to defend it. As long as you read your post, acknowledge the claim in time, and either defend it or settle it, your credit file remains untouched.

A County Court Judgment (CCJ) only arises if the court actually makes a judgment against you. That happens either because you defended and were unsuccessful at a hearing, or because you ignored the claim and the parking firm got judgment in default. Even then, you still have a crucial safety net that the low-hanging fruit do not realise exists. If you pay the full judgment sum within 30 days of the date of judgment, the CCJ is not registered on your credit file. It is expunged completely from the record. It is as if it never happened as far as lenders are concerned.

A CCJ only appears on your credit record if you fail to pay within that 30-day window. That is the point at which it gets recorded and can affect your ability to obtain credit. Up to that point, no amount of tickets, no stack of debt recovery letters, no Letter of/Before Claim, and not even the issuing of a County Court claim has any impact on your credit history.

Bailiffs are a separate step again. They cannot simply be sent because you have ignored an unregulated private parking invoice or a useless debt recovery letter. Bailiffs (enforcement agents) only become relevant after there is a CCJ and it has not been paid.

For most smaller PCN CCJs, it is not even worth the creditor’s time and cost to instruct bailiffs, especially when the amount is under £600 and stuck in the slower County Court enforcement system. But the key point is this: no unpaid CCJ, no lawful bailiff.

So when people say things like “I had a debt recovery letter so I might not get a mortgage now” or “if I defend, I will get a CCJ,” they are simply wrong. It is precisely that ignorance and fear that these firms trade on. They rely on ordinary motorists incorrectly assuming that a red-letter demand automatically means ruined credit and bailiffs at the door.

There is nothing in the advice given here that will affect your credit record. On the contrary, proper advice is what keeps you away from CCJs. If you engage with the process, defend where appropriate, and, in the extremely rare instance where you are unsuccessful defending a claim, pay any judgment within 30 days, your credit file will remain completely unaffected and no bailiff will lawfully darken your doorstep over a private parking charge.

These companies rely on being able to intimidate the low-hanging fruit on the gullible tree into paying out of ignorance and fear.

Does that answer your questions or is there something else about your PCN that we need to know about apart from the fact that you haven’t answered the questions I asked in my first response.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Yeah it’s answered the question perfect, thank you