Free Traffic Legal Advice

Just received this PCN from UK CPM today (12th December 2024) through the post as the registered keeper of the vehicle.

The situation is as follows. The driver entered the car park to use the gym on the retail park, and parked in what was thought to be a legitimate parking space (see PCN and space circled in image 4). The car park is very poorly maintained; the surface is riddled with potholes and the parking bay lines are very faded (see last two images for examples of the rest of the car park, where some lines appear to have completely faded). In addition to this, the actual parking bays aren't arranged in a very uniform pattern - the driver appears to have parked directly behind a genuine parking space, which has another parking space to the left of it. The space where the driver parked, along with many other "fake" spaces are almost always occupied at times when the retail park is busy.

As a result, I don't believe this PCN is fair as the designated areas are not clearly defined. If there were hatched markings around the perimeter of the designated area, then fair enough, but that's not the case here. People use this space where the driver has parked for at least the last 5 years, yet the car parking management have made no effort in that time to improve the clarity of the designated areas.

Are there grounds for appeal here? And how long would such a process typically take? I'm someone who hates having things like this overshadowing them and so if it's a case of paying £60 to save myself 6 months of stress, I'd probably be inclined just to pay up. However if there's a case to be made, then I would stick it out just on principle. Thanks all in advance.

https://imgur.com/a/dCFG2QO

Welcome to FTLA.

Are there any other signs in the car park?

Your first step should be to find contact details for the management of the retail park, and contact them to see if they will intervene. If they won't, we can help you to fight it, but you'll need to be prepared for it not to be a quick process, these things seldom are.

Thanks for the welcome. I think that's the only sign (at least the only prominent one), but I will double check next time I have a chance. I've contacted the gym to see if they can get me in contact with the management company, so will see what they say.

Hi, please see images of the other sign I found in the car park. Apologies it's a little blurry, but you should be able to make out the text.

https://imgur.com/a/lNCgNhN

Not had a response from the gym yet. I think if I don't hear back by this weekend I'll just pay the £60, unless I'm advised otherwise. Thanks again for your help.

Why would you pay a scammer £60 (the mugs discount) when you don't owe them a penny?

The sign you've show us is incapable of forming a contract with the driver. This is not a "fine" under statutory law. It is a contractual matter under civil law.

If you are naive enough to believe that you owe thee scammers £60 because they sent you a speculative invoice for £100 but are offering you a mugs discount of £40 if you pay now, then you deserve to be fleeced. Or... you can fight it and stand up for your rights and show them you are not low-hanging fruit on the gullible tree ripe for the picking.

It is of course your time, effort and money, not ours, so the choice is yours to make. Those providing advice are reminded to refrain from passing moral judgement on OPs and what one may believe they 'deserve'. Rule #8 applies.

If you do decide to fight the matter, we will support you. The process is essentially as follows:

• Appeal to CPM - This is where you set out your position, and explain why you don't believe you owe the money. CPM will reject this, because they can, but in my view it is still a useful step to shown CPM you're up for a fight, and to highlight weaknesses in their case
• Appeal to IAS - Whether or not you bother with this stage is up to you. The Independent Appeals Service is anything but. You won't get a fair shake of the stick, and they are very likely to also reject your appeal.
• See if they take the matter to court - They have up to 6 years from the date of the parking event to take legal action, however there's no good reason it should take that long, and if they are going to sue they generally do so far quicker than that. Before such time, you'll receive a host of scary-sounding letters from debt collectors; despite their threats, they are powerless to do anything. If they do decide to go to court, you'll get a Letter of Claim, either from CPM directly or, more likely, a hired legal firm. If you receive such a letter you should return here for advice.

Assuming you respond to any relevant paperwork, the worst case scenario is that you lose in court - losses in court generally cost around £200.

Update: I received a reply from the gym saying that they've managed to talk to their assistant manager, who have managed to cancel the fine with the parking company. Thanks everyone for your help and I'm glad that the matter has been resolved.

Is that in writing?

Yes it was from the gym, via email.