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Multiple tickets for short stay with CPM
newparking123
post Thu, 2 Aug 2018 - 08:35
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Hi there,

I have received 3 parking fines in the same location for only short stays, we did not realise this car park was camera operated and that they would ticket like this!

We tried to appeal on the basis of Grace Period, they have said we have appealled as the neither the driver or the keeper so have ignored our appeal completely, should i carry on and appeal as the owner or is there a better solution, also they say they will not extend the 14 days!

Please see photos below

Any help would be greatly appreciated


This post has been edited by newparking123: Thu, 2 Aug 2018 - 12:43
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post Thu, 2 Aug 2018 - 08:35
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kommando
post Thu, 2 Aug 2018 - 08:41
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Take those down, you have left the identification details on.
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ManxRed
post Thu, 2 Aug 2018 - 08:46
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On their letter to you on 25th July, they state quite clearly that you need prior permission to park. Nice of them to confirm this.

So, no contract could be entered into, and no charge for a breach of that contract is due.

This is, by their own admission, a trespass issue, for which only the landholder/occupier can take action (not UKCPM).

Thanks, UKCPM!


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Redivi
post Thu, 2 Aug 2018 - 09:41
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Get rid of those pictures immediately

Parking companies follow this forum and will use any information they find

The statements on the second two notices that they can recover payment from the registered keeper are untrue
UKCPM failed to deliver the notices within the 14 days deadline set by the Protection of Freedoms Act (POFA)

It's also possible they couldn't recover payment even if they had sent them in time

UKCPM must make a separate application to the DVLA for every parking notice
They can't use the details on file and save £2-50 each time

Check with the DVLA how many applications have been made

If it's more than one, complain to the DVLA that UKCPM is threatening POFA when they know they are outside the deadline
The DVLA doesn't like to learn that it's getting deprived of its cut
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newparking123
post Thu, 2 Aug 2018 - 12:53
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Thanks for this,

When you say check with DVLA about the applications made, how do i do this?



Thanks for this,

When you say check with DVLA about the applications made, how do i do this?
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nosferatu1001
post Thu, 2 Aug 2018 - 16:17
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Email them, a quick search will give the addy.
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cabbyman
post Thu, 2 Aug 2018 - 17:49
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SubjectAccess.Requests@dvla.gsi.gov.uk


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newparking123
post Mon, 17 Sep 2018 - 16:48
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So i received responses from them, they cancelled the first one of my tickets with no reason on their letter,

The other 2 tickets they replied saying:

'Our records indicate that vehicle registration ***** was not authorised to be parked at the location, therefore the above vehicle is in breach of the the terms and conditions stipulated on all signage displayed within the car park.

Signage clearly states "AUTHORISED VEHICLES ONLY"

It is the driver's responsibility when leaving their vehicle unattended to observe the area and check parking is permitted. There is clear signage placed throughout the parking areas stating that the land is private and restrictions apply'


Is there anything i can do to get them to cancel the other 2

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Eljayjay
post Mon, 17 Sep 2018 - 16:55
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What were you told by DVLA?

"AUTHORISED VEHICLES ONLY" seems a pretty obvious example of a forbidding sign. A parking operator cannot say "authorised vehicles only may park" in one breath and then say "unauthorised vehicles may park for £100" in the next.
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newparking123
post Mon, 17 Sep 2018 - 17:13
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DVLA said according to their records there has been 3 electronic requests for the keeper details on 3/7, 16/7, and 19/7 so i think they did do the right thing?
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PaulPaul1308
post Mon, 17 Sep 2018 - 20:51
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QUOTE (newparking123 @ Mon, 17 Sep 2018 - 18:13) *
DVLA said according to their records there has been 3 electronic requests for the keeper details on 3/7, 16/7, and 19/7 so i think they did do the right thing?


True, but as you have been told upthread there are many problems with their speculative invoice. They can't hold the registered keeper liable as they sent the letter outside the mandatory 14 day period, and you are under no obligation to name the driver (who is the person liable for the charge in that case). That means that you, as the registered keeper, cannot be held liable. I assume that in your appeal you never disclosed who the driver was?

But in any case it seems that the driver could not enter into a contract with them as their signage did not allow a contract to be formed between them and the driver, so the offence is one of trespass, which is nothing to do with the parking company. Ignore any further communications from them or any "debt collectors" completely (as you might inadvertently indicate who the driver is); they wouldn't have a case if they took it to court so they won't. But they might - no, they WILL, it's their business model - try to scare you into paying.

This post has been edited by PaulPaul1308: Mon, 17 Sep 2018 - 20:54
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nosferatu1001
post Tue, 18 Sep 2018 - 07:16
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Ignore debt collectors
DO NOT ignore a LBA or a court claim form.
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