Hi guys,
I’ve received a PCN from CPM.
The photo, taken from a hand held device, shows the time stamp of 10:06, which is about correct. I parked at about 09:55 and left about 10:20. However, the letter states the incident time as being 10:57, and I was long gone by then.
I was happy paying the fee as I knew I was taking a chance parking there at that time, but now I see a possible loophole.
Is this a loophole that could be used to appeal please? Also, no ticket was left on the car, is that a thing nowadays?
Thanks!
Please read this thread on how to provide an image of the Notice to Keeper (NtK) received. Redact any personal data but leave all dates and times showing.
READ THIS FIRST - Private Parking Charges Forum guideAlso, please show any evidential photos that are on the operators website.
You say you paid a "fee". How was this paid and do you have a receipt or evidence such as a statement showing the payment?
Hi, and thanks. I’ll have a read through that.
I think my autocorrect has changed “fine” into “fee”, I meant to say I was happy to pay the fine but I’ve not paid anything yet.
Effectively, I was just asking if the letter asking for money could be voided if they were quoting two different offence times.
Thank you.
For every occurrence of the word "fine" and/or "offence" you can find in the paperwork, I'll give you £50.
An unregulated private parking company is not an "authority" of any kind and cannot issue "fines" or "penalties" and the driver has not committed any "offence".
What has been received is a speculative invoice alleging a breach of contract by the driver. Do you always just pay invoices from private companies just because you received one? Do you agree that you owe the operator a debt?
I’ve tried putting a picture of the letter on here but I’m getting an error message continually saying it’s too big.
Anyway thanks, I’m a layman so will always use terms like fine, parking ticket and road tax etc.
Yes, unless I feel particularly aggrieved, I’d usually pay a parking ticket. Do I feel like I owe the operator a debt? Probably not, but to me a ticket is a ticket and that’s the point in coming here to see if there is any way out of it and to see if there are any ramifications for either appealing or ignoring it.
I’ve tried putting a picture of the letter on here but I’m getting an error message continually saying it’s too big.
Did you read the "READ THIS FIRST" thread b789 provided a link to above? That post covers this issue and explains how to add images.
Well I did partly, but the level of advice I was initially asking for didn’t really seem commensurate with the amount of pre-reading required. But that’s my bad, I underestimated the level of help you’d be offering and thought I put enough detail into the original post.
I was using the attachment section, which I assumed should work.
I’ve had a look at Imgur, hopefully this will help.
Thanks!
Anyone paying CPM is a part of the problem by funding the scam. CPM are a firm of ex-clamper thugs who prey on the low-hanging fruit on the gullible tree to fund their racket.
If you are happy not to become a “mug” by funding CPM, then please follow the advice above and show us the NtK and confirm that the keeper has not communicated anything to CPM at this stage.
What action you choose to take is your choice (as it's your time and money at stake), but it essentially depends on your attitude to risk, and how much you value your time and effort vs your willingness to fight them.
There is an argument to be made that by failing to properly specify the period of parking, they have not complied with the requirements of Schedule 4 of the Protection of Freedoms Act (2012), and are therefore unable to recover the charges from you the registered keeper. CPM are a member of the IPC, which means that neither they nor the 'Independent Appeals Service' are likely to accept any appeal, regardless of merit, so this argument would need to be run in the County Court (small claims), assuming they went that far.
There may be other arguments based on the quality of the signage at the site*, but we'd need to see images of the signage to advise on that.
*If the signs say 'Permit Holders Only' or the like, there's an argument to be made that no contract was formed with the driver.
We cannot guarantee success, but if you're up for a fight, we can advise.
