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CPM Windscreen Ticket not issue
hblbs
post Mon, 5 Feb 2018 - 16:04
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Hi all,

Hope you can help.

I have received a NTK? letter in the post from CPM for a windscreen ticket that had never been placed on the car.

I am the registered keeper so the letter (including pictures) has come to me directly, but I have never been aware of any ticket being issued and neither was the driver at the time.

Any thoughts on how to proceed?
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post Mon, 5 Feb 2018 - 16:04
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nosferatu1001
post Mon, 5 Feb 2018 - 16:10
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Does it claim to,hold you, the keeper, liable for the Parking charge?
Simple yes or no. They might invite you to pay, that is not the same thing.
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hblbs
post Mon, 5 Feb 2018 - 16:13
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Yes, the subject heading on the letter says please pay the charge. Refer to themselves as the creditor and asking about the driver.
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Redivi
post Mon, 5 Feb 2018 - 16:17
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What's the actual name of the company you've called CPM ?

Countrywide Parking Management Ltd ?
UK Car Park Management Ltd ?
Another company ?
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hblbs
post Mon, 5 Feb 2018 - 16:24
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UK Car Park Management Ltd - IPC member?

Should I send an appeal and then wait for a POPLA code?
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cabbyman
post Mon, 5 Feb 2018 - 16:26
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You won't get a POPLA code from an IPC member.

Have you received the letter between day 29 and day 56 of the incident?


--------------------
Cabbyman 11 PPCs 0
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hblbs
post Mon, 5 Feb 2018 - 16:29
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Yes, its in the mid thirty day period.
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ostell
post Mon, 5 Feb 2018 - 16:51
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Post up the NTK, both sides, redacting identifying details but leave dates.
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nosferatu1001
post Tue, 6 Feb 2018 - 12:07
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QUOTE (hblbs @ Mon, 5 Feb 2018 - 16:13) *
Yes, the subject heading on the letter says please pay the charge. Refer to themselves as the creditor and asking about the driver.

Does it say you MUST pay as Kepeer, or that theyd really love it if you did?

Does it mentoin POFA2012? Does it meet ALL requirements of POFA2012 Sched 4 para 8?
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hblbs
post Tue, 6 Feb 2018 - 12:28
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I've attached the front and back of the letter, let me know your thoughts and how I should proceed.

Also if I've taken too much out or too much in let me know.






This post has been edited by hblbs: Tue, 6 Feb 2018 - 15:42
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nosferatu1001
post Tue, 6 Feb 2018 - 16:11
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Ok, so as I said, it says the keeper is liable
So, have they complied with para 8 of schedule 4?
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hblbs
post Tue, 6 Feb 2018 - 16:35
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Having a quick look, they don't clearly state they don't know who the driver is.

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

They also don't state how long the car was parked there for.
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hblbs
post Thu, 8 Feb 2018 - 10:47
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Below is a draft template appeal taken from MSE.

Let me know your thoughts on what I could add, I will email this directly to them so I have a copy.

Are UK CPM Ltd known to take this further? I am expecting a generic rejection of this appeal.

QUOTE
Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

You must cease and desist with all contact.
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nosferatu1001
post Thu, 8 Feb 2018 - 13:13
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You dont add anything. Its a template

That thread also tells you how to look up court stats, so read all of it. Not a skim. READ.
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hblbs
post Mon, 19 Feb 2018 - 16:32
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Ok, I have gone through the MSE thread and taken what I can that applies to my scenario.

Below is the appeal letter that will be sent, I have a few days before the charge increases.

Please do let me know if there is anything else I could be doing, I would like to avoid paying this charge given that I had never received the 'ticket' in the first instance.

QUOTE
Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable.

1. It is denied that any 'parking charges or indemnity costs' (whatever they might be) are owed and any debt is denied in its entirety.

2. No evidence has been supplied by this claimant as to who parked the vehicle. Under the Protection of Freedoms Act 2012 there is no presumption in law as to who parked a vehicle on private land nor does there exist any obligation for a keeper to name a driver. I choose to defend this claim as the registered keeper, as is my right.

3. It is denied that the Claimant has authority to bring this claim. The proper Claimant (if any debt exists, which is denied) would be the landowner.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

You must cease and desist with all contact.
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Redivi
post Mon, 19 Feb 2018 - 17:09
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The part about the Section 10 notice is a waste of time

I've reported parking companies to the ICO on many occasions for failure to respond to a Section 10 notice

On every occasion that they've replied it's to say that the parking company is entitled to retain and process the data for the purpose of debt collection
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hblbs
post Thu, 22 Mar 2018 - 15:58
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Hi just an update on this, I have received a letter from a debt collector (DRP) stating that I need to pay an increased fee of £160 by next week.

I sent the appeal by post, but there was no acknowledgement or confirmation that it was received. I did not do recorded delivery as the address was a PO box.

Any advice on how to proceed would be appreciated.

Should I pay or is there a path to fight this? As I have never received the original ticket.
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nosferatu1001
post Thu, 22 Mar 2018 - 16:20
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DId you do as told in every thread, and get proof of postage?

Your resarrch on here will also have told you what to do withDRP (and any debt collector) letters.
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hblbs
post Thu, 22 Mar 2018 - 16:54
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Ok, thanks. Guidance say to ignore DRP until actual court action is threatened.

Unfortunately I didn't get proof of postage.
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nosferatu1001
post Thu, 22 Mar 2018 - 17:13
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Record somewher the date you sent it and method. Hope you have a copy of appeal saved as well.
Not "threatened"

You IGNORE DRP. Totally.
Do not ignore a Letter before action from the PPC or their solicitors
OR
a claim form.
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