Author Topic: CPM - Soho Wharf, Birmingham - Unauthorised Parking  (Read 95 times)

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twigtwig

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CPM - Soho Wharf, Birmingham - Unauthorised Parking
« on: July 10, 2024, 10:52:20 pm »
Hi, writing to ask for some advice. The driver went to a flat viewing in Birmingham. The driver asked the agent if there was parking available, they said yes, and to park in the space in the car park. They did not mention needing to register for a space / ANPR system etc.

A few days later, the following Parking Charge Notice was recieved.

I'm afraid we don't have any photographs of the signage at present.

Wondering, if you could advise if there are any grounds for appeal etc.

Ticket attached (front and back) below.



Best wishes.
« Last Edit: July 11, 2024, 09:14:29 am by DWMB2 »

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b789

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Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
« Reply #1 on: July 11, 2024, 02:56:30 am »
The images are not redacted enough. We know your name, the VRM, the PCN number. Thereís more than enough information for anyone to log into the CPMUK appeals site and mess up any chance you have to appeal.

Having used your data to log in, I can see that there are no other evidential photos besides what is shown in the NtK.

There are always grounds to appeal but we would need to know what authority the agent had to tell you to park where you did. We would need to know whether the signs were compliant with the IPC or the new Joint Code of Practice. Were the signs even noticed by the driver? If not, why not?
Never argue with an idiot. They will drag you down to their level and then beat you with experience. - Mark Twain.

twigtwig

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Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
« Reply #2 on: July 11, 2024, 10:46:39 am »
Hello,

My apologies, and thank you for pointing out regarding the level of redaction. I have now further redcated the letter, and re-attached it here. Thank you.

FRONT: https://www.dropbox.com/scl/fi/a7omz7fc433k6psdkpq11/Parking-Charge-Notice-Front-Redacted.pdf?rlkey=i1f0sdpkuj77951cas8r7dgkf&dl=0

REAR: https://www.dropbox.com/scl/fi/3sacu6qar13rerkcpbg77/Parking-Charge-Notice-Rear-Redacted.jpg.pdf?rlkey=h7dqear076reue1nbh3drogfr&dl=0

I am not sure what authority the agent had, bar that they were arranging the viewing and we took them on their word that parking in the car park was allowed. With regards to the signs, I will find out what if any were seen on entry, however I beleive the driver did not notice them given that they had been told that parking was permitted. Thank you. 

twigtwig

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Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
« Reply #3 on: July 12, 2024, 01:00:38 pm »
Hi all, I note that the last day for a reply / appeal is today - 12th July. Any thought / input would be greatfully recieved. Best.

b789

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Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
« Reply #4 on: July 12, 2024, 01:27:04 pm »
I think your last day to appeal an IPC operator NtK is 21 days after the issue date. Your last day was 9th July. Meh! No biggie. Whatever you wrote in your appeal would have been rejected anyway.

Now they will say you are too late to appeal to the IAS. Meh! No biggie either as they would almost certainly have rejected an appeal too.

Then again, both the BPA and the IPC have now issued a joint Code of Practice (CoP) which, according to their blurb, is now effective and CPMUK have managed to breach section 8.1,2(e) which states:

The parking operator must ensure that a notice informs the recipient that if the recipient appeals within 28 days of receiving the parking charge, the right to pay at the rate applicable when the appeal was made must stand for a further 14 days from the date (subject to 8.1.2d) they receive notification that their appeal has been rejected.

The intellectually malnourished ex-clamper thugs at CPMUK have only given the keeper 21 days to appeal.

Again, at 8.4.1(a) which states:

Parking operators must provide a process for motorists to appeal against a Parking Charge (including unpaid parking tariff) in accordance with Annex C, which allows that the parking charge may be appealed within 28 days.

So, you can try a futile appeal to CPMUK and see what their response is. If they reject it because it is not within 21 days of the issue of the PCN then you can complain to their ATA, the IPC that they have breached the new CoP. Then again, the IPC is not likely to do anything as the are only looking out for their own members interests. You would, however, have some evidence to use in court should they be so stupid ast to take it that far that they have not abided by their own AOS which, whilst not regulatory, is a requirement for them to do so if they wish to be able to obtain keeper data in the first place.

Just do a generic, one size fits all, appeal from the keeper only with the following:

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a payment machine or app, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Show us any response when you receive it.
Never argue with an idiot. They will drag you down to their level and then beat you with experience. - Mark Twain.

twigtwig

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Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
« Reply #5 on: July 12, 2024, 02:59:04 pm »
Sent, will provide updates as and when received. Many thanks for the advice.

twigtwig

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Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
« Reply #6 on: July 18, 2024, 11:21:13 pm »
Hello all, the following reply has been received.

Quote
PCN REFERENCE NUMBER:
DATE OF PARKING EVENT: 13th June 2024
PAYMENT DUE DATE: 1st August 2024
TOTAL AMOUNT DUE: £100.00
Dear xxx
Thank you for your appeal against the above Parking Charge Notice.

At UK CPM we consider all appeals on a case-by-case basis. We take each appeal very seriously and thoroughly investigate any evidence that has been provided. We appreciate your circumstances and understand this is not a situation anyone would like to find themselves in; however, these parking conditions have been put in place to ensure fair usage for all motorists and support the needs of our client. After careful consideration, it is unfortunate that I am writing to you today to advise that on this occasion, your appeal has been unsuccessful.

The decision to uphold your parking charge notice has been made on the following basis.

Whilst we note your comments and reason for appeal, we can confirm that your vehicle was not authorised to be on site for the duration of 34 minutes. Therefore, as your vehicle was parked in contravention of the terms and conditions as advertised on the signage displayed on site, this PCN has been issued to you correctly.

You have now reached the end of our internal appeals procedure and therefore you now have two options; either pay or appeal to the Independent Appeals Service (IAS) - you cannot do both.

To make payment of the total amount due as shown above, please use one of the following payment options;

Online: www.paymyticket.co.uk
Telephone: 0345 463 4040 (24hr)
Post: Payments & Collections, PO Box 3114, Lancing, BN15 5BR

Alternatively, if you do not agree with your internal appeal outcome and you wish to dispute the matter further, as you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.

The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. If you decide to appeal to the IAS, you will need to visit their website and use your PCN reference and corresponding vehicle registration. All PCN's will be uploaded to the IAS website by the end of this working day.

If you appeal this charge further then you will lose the ability to pay at the reduced rate (if applicable). In the event that your IAS appeal is unsuccessful, the full amount for the PCN will then be payable. If you lodge an appeal with the IAS and then subsequently pay the charge prior to that appeal being determined, then the appeal will be withdrawn, and you will not be given a further opportunity to contest the charge.

If you do not wish to dispute the matter further and payment is not received within 28 days of the date of this correspondence then additional charges may be incurred, for which you may be liable. If the charge continues to remain outstanding, the matter may be later referred for litigation in the County Court which could result in a County Court Judgment being made against you; this may impact on your ability to obtain credit in the future.

I was thinking of replying with the following.

Thank you for the reply. However, I wish to further dispute this matter. Your email footer and website both suggest that you are an accredited International Parking Community (IPC) operator. However, as I am sure you are aware, both the BPA and the IPC have now issued a joint Code of Practice (CoP) which, according to their blurb, is now effective and you have managed to breach section 8.1,2(e) which states:

The parking operator must ensure that a notice informs the recipient that if the recipient appeals within 28 days of receiving the parking charge, the right to pay at the rate applicable when the appeal was made must stand for a further 14 days from the date (subject to 8.1.2d) they receive notification that their appeal has been rejected.

Again, at 8.4.1(a) which states:

Parking operators must provide a process for motorists to appeal against a Parking Charge (including unpaid parking tariff) in accordance with Annex C, which allows that the parking charge may be appealed within 28 days.

In both cases, you have only given the keeper 21 days to appeal. If this appeal is not upheld, then I intend to take this further with the International Parking Community.

____

Any thoughts / other avenues greatfully recieved. I have tried to speak with the landowner, but as of yet had no luck.

DWMB2

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Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
« Reply #7 on: July 18, 2024, 11:34:47 pm »
Nothing lost by complaining, but I doubt it will achieve much. They'll probably point to the fact that the notice was issued on 18th of June, before the new Code of Practice was launched, and that they can't be expected to follow rules that were not published, let alone in force, at the time of issuing the notice. They also seem to have accepted (as in responded to, not upheld) an appeal outside of the 21 days stated on the notice.

b789

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Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
« Reply #8 on: July 19, 2024, 12:18:41 am »
You donít respond to a rejected appeal from the operator. We knew all along that if they accepted your appeal at all, they would reject it anyway. Tilting at windmills is not the answer.
Never argue with an idiot. They will drag you down to their level and then beat you with experience. - Mark Twain.