Author Topic: CPSM Parking Charge. Horse and Groom Pay and Display Car Park, Hereford  (Read 1527 times)

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Today the driver of the vehicle issued the Parking Charge Notice used this car park for the first time.At the entrance of the car park it is clearly displayed that the parking charge all day is £4:00. This is is also displayed at the machine where you pay for parking. Photos of the tariff and terms and conditions at both the car park entrance and at the machines have been taken.
The vehicle was parked at 07:25 and the driver returned at just after 14:30 to find a Parking Charge Notice under the windscreen wiper. The driver was somewhat upset as they had paid to park all day. The Parking Charge Notice states that the contravention is: Parked after expiry of paid time.In breach of the terms and conditions as shown on the signage in the parking area. On examining the ticket the driver purchased closely it does say valid until 12:00, fee paid £4:00. The driver however, did not examine the ticket closely assuming that they had paid for all day parking and not just for a mornings parking.
I wish to appeal on the grounds that the signs stated that all day parking was £4:00 and that the tariff states that this expires at 6:00 pm. The driver therefore was not in breach of the terms and conditions displayed in the parking area. I plan to send a politely worded e mail. Is the best way to address this? Any advice would be gratefully received. If necessary I will post photos of signage, ticket purchased by driver and/or Parking Charge Notice. Thank you
I have added link to images of signage, ticket purchased and PCN.
https://imgur.com/a/0Wdm38j
« Last Edit: April 14, 2025, 06:48:45 pm by irateartist »

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You will need to post the info you have listed.  It should tell you on the ticket how to appeal - but hold off till you have posted the info, and others have looked at it.
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Was the driver required to enter their full VRM into the machine when making payment? Have you redacted the VRM on the permit you've shown?

What have you done for Plan A? Have you approached the landowner? The manager of the Horse & Groom should be able to get this cancelled and if they don't or try to fob you off, you make sure you go on to websites that allow you to make reviews of the business and tell everyone about how they don't care whether their customers receive an invoice for £100 from an ex-clamper third party.

If Plan A does not work, DO NOT appeal that Parking Charge Notice (PCN) until Friday 9th May. Put that date in your diary and don't miss it. You appeal only as the Keeper of the vehicle. They have no idea who the driver is and you, the Keeper, are under no legal obligation to identify the driver to an unregulated private parking company.

You appeal with the following by email to appeals@cspmparking.co.uk and you CC in yourself:

Quote
Subject: Appeal against PCN [Insert PCN Number] – Vehicle Registration [Insert VRM]

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

The Parking Charge Notice (PCN) was issued with the allegation of “Parked after expiry of paid time.” This is not only false but obviously mendacious. A payment of £4.00 was made and a permit issued, which your own tariff board states is the fee for all day parking, valid until 6:00pm. The PCN was issued at 12:11 — clearly within the paid period. No breach occurred. Your operative has made a clear and unjustified error.

Further, your Notice to Driver (NtD) fails to meet the requirements of Schedule 4 of the Protection of Freedoms Act 2012. It does not specify the period of parking, nor does it identify the creditor. These are statutory requirements. Partial or substantial compliance is not sufficient. The Notice is non-compliant and incapable of creating any liability for the keeper.

As your Notice to Driver (NtD) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. CSPM has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtD can only hold the driver liable. CSPM have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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In reply to b789. Thank you for your advice. I am not sure if the Horse and Groom pub owns the pay and display car park. Would it be wise to contact them and ask? The machine does not ask for the VRM.

Why would you not ask?
They can only say no if they don’t!
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The inclusion of "Horse & Groom" in the car park name strongly implies that the landowner is either the Horse & Groom pub itself or that it is the named tenant of the premises and car park.

Therefore, CSPM would be acting as agent for the pub or landholder under a contractual agreement. This means a complaint about CSPM's conduct, signage, or unfair PCNs can legitimately be directed to the Horse & Groom pub (or its management company/landlord).
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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It looks like the signage is at best poor, at worst deliberately misleading. 'All day' seems to refer to 8am - 6pm only - but the sign says only 'expires at 6pm'. Their ticket machine has taken the £4 and applied £1.50 to the 'overnight' rate before 8am and then £2.50 for a 4 hour session from 8 - 12 noon, hence the expiry time of 12.00. The attendant is correct that ticket has expired, but the signage is duff. Some update of the appeal may be required?

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Agreed — that’s a critical clarification. The core argument shifts slightly.

This is no longer a case of an operative making an error, but rather a failure of the signage and payment system to transparently explain how £4 is allocated. That brings Consumer Protection from Unfair Trading Regulations 2008 into play — i.e. misleading or deceptive practices.

The CPTURs 2008 are squarely engaged because the advertised tariff of £4 for "All day" parking is contradicted by the machine's allocation, and this is not clearly disclosed. That is a classic misleading omission under Regulation 6 and Schedule 1 of the CPUTRs.

Here is a revised version of your earlier suggested keeper appeal:

Quote
Subject: Appeal against PCN [Insert PCN Number] – Vehicle Registration [Insert VRM]

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

The Parking Charge Notice was issued on the basis of “Parked after expiry of paid time.” The driver paid £4.00 at the machine, which — according to your own signage — is the tariff for “all day” parking. The sign states this expires at 6:00pm. There is no indication that “all day” parking only applies from 8:00am, nor any explanation that £4.00 would be broken up into separate night and day charges.

Yet the ticket issued by your machine expired at 12:00 noon, because it had apportioned £1.50 to an 'overnight' charge (prior to 8:00am) and only £2.50 to a four-hour daytime session. This allocation is not disclosed anywhere on your signage. The driver acted in reliance on the clearly advertised £4.00 “all day” rate and had no reason to expect that they were only paying for parking up to noon.

This is misleading and unfair. Your signage is not only non-compliant with the BPA Code of Practice but also with the Consumer Protection from Unfair Trading Regulations 2008. A consumer cannot be bound by a term they were not made aware of, and your machine's silent reallocation of a known tariff renders any alleged breach both unforeseeable and unenforceable.

Additionally, your Notice to Driver fails to meet the mandatory requirements of the Protection of Freedoms Act 2012 Schedule 4. It does not specify the period of parking, nor does it identify the creditor. These omissions prevent any keeper liability from arising.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtD can only hold the driver liable. CSPM have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Thank you again for your advice. It is very much appreciated. My plan of action is as follows:

1. Contact the owner/manager/landlord of the Horse and Groom asking that they get the parking charge cancelled.

2. Post reviews for Horse and Groom advising caution in using car park.

3. Complain to trading standards. I know they will not be able to help in cancelling the parking charge, but I would hope that they could take some action to prevent other people being conned into paying out money that they may be unable to afford. Times are hard!

4. In the (probable)event of the owner/manager/landlord of the Horse and Groom either ignoring or refusing to act, appeal the PCN notice on the 9th May as advised, using the version suggested in reply #8.

5. In the event of the appeal failing, get back to yourselves.

Thanks again.

I have made an appeal using against the PCN as advised. I recieved a reply today (attached) turning down my appeal - no suprises there. I guess my next move is a POPLA appeal. I would appreciate your advice.
Thanks again. :(

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Did they include a POPLA code with that appeal rejection? The POPLA code is valid for 33 days from the appeal rejection date. So, you have until 23rd June to submit it.

Have a search of the forums to see other POPLA appeals and how they have been constructed and presented. Try and put something together yourself along those lines and post it here for review before you actually send anything so that we can advise on any edits or additions you may need,
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you for your quick reply, it is very much appreciated.I have been given a POPLA verification code and told I have 28 days to appeal.
I will also look at POPLA appeals and draft one for comments.
I had also made a complaint to Trading Standards, but did not feel there was much motivation for this to be investigated. However, I will chase it up.
Thanks again :)

I made an appeal against this PCN clearly stating I was the Registered Keeper. The appeal was turned down (see above) I am currently working on my POPLA appeal. However, I recieved this letter in the post today (attached). This is beginning to feel like harassment! Should I reply stating that I have already appealed as the registered keeper and that they should check their records. Thanks (feeling stressed by all this, but perhaps that was the intent!) >:(
I have attempted to find out who the landowner is, but without success. The Horse and Groom Pub appears to be empty and there is no-one answering letters or phone calls.

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« Last Edit: May 24, 2025, 02:34:35 pm by irateartist »

When you appealed, did you do so only as the Keeper. Did you provide your name and address?

If they had your details as the Keeper and have since applied to the DVLA for your Keeper data, they have done so unlawfully. This warrants a formal complaint to the DVLA.

Don't worry about that Notice to Keeper (NtK). You already have an appeal rejection with a POPLA code.

You should send a formal complaint to the DVLA. Here’s how to make a DVLA complaint:

• Go to: https://contact.dvla.gov.uk/complaints
• Select: “Making a complaint or compliment about the Vehicles service you have received”
• Enter your personal details, contact details, and vehicle details
• Use the text box to summarise your complaint or insert a covering note
• You will then be able to upload a file (up to 19.5 MB) — this can be your full complaint or supporting evidence
That’s it.

The DVLA is required to record, investigate and respond to every complaint about a private parking company. If everyone who encounters a breach took the time to submit a complaint, we might finally see the DVLA take meaningful action—whether that means curtailing or removing KADOE access altogether.

For the text part of the complaint the webform could use the following:

Quote
I am submitting a formal complaint against Corporate Services Parking Management (CSPM), a BPA AOS member with DVLA KADOE access, for unlawfully obtaining my personal data when they had no legal basis to do so.

I, the Keeper, had already provided my full name and address in an appeal submitted directly to CSPM on 9 May 2025. They responded to that appeal on 21 May 2025, confirming receipt of my details. Despite this, CSPM went on to make a KADOE request to the DVLA and issued a Notice to Keeper thereafter.

The KADOE contract explicitly prohibits operators from accessing DVLA keeper data where the Keeper’s identity is already known. This was not a data misuse after lawful acquisition — this was an unlawful and unnecessary request for personal data that CSPM had no reasonable cause to make.

I have attached a full supporting statement and request a full investigation. Please confirm receipt and provide a reference number for this complaint.

Then you could upload the following as a PDF file for the formal complaint itself:

Quote
SUPPORTING STATEMENT

Complaint to DVLA – Breach of KADOE Contract and PPSCoP

Operator name: Corporate Services Parking Management (CSPM)
Date of PCN issue: [Insert date of PCN]
Vehicle registration: [Insert VRM]

I am submitting a formal complaint to report a misuse of DVLA data by CSPM, who unlawfully obtained my personal data under the KADOE (Keeper at Date of Event) contract, despite already holding it.

On 9 May 2025, I submitted a formal appeal to CSPM as the Keeper of the vehicle. This appeal included my full name and postal address. CSPM responded to this appeal on 21 May 2025, thereby confirming that they were in receipt of my Keeper data.

Despite this, CSPM subsequently made a KADOE request to the DVLA to obtain the same Keeper data again — and used it to issue a Notice to Keeper.

This action is a clear breach of the DVLA's KADOE contract, which prohibits access to DVLA data where the operator already holds the Keeper’s details. The UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, as the data was obtained without lawful basis.

This is not a case of data misuse after lawful acquisition. The request itself was unlawful. CSPM had no reasonable cause to request my data from the DVLA, and no lawful basis to process it again under the terms of the KADOE contract.

I am asking the DVLA to:

• Confirm that a KADOE breach has occurred
• Take enforcement action against CSPM for unlawful data access
• Review whether CSPM’s access to DVLA data should be suspended or revoked

Supporting documents are attached, including:

• My original appeal (9 May 2025)
• CSPM’s response (21 May 2025)
• The subsequently issued NtK

Please acknowledge this complaint and confirm the case reference number. I am happy to assist further if required.

Name: [INSERT YOUR NAME]
Date: [INSERT DATE]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain