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CPS Midlands Ltd - Nottingham - ticket on public highway?, Hire car complications
unknowncube
post Tue, 27 Nov 2018 - 01:33
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Hello all,

I have successfully appealed many tickets before against these money vampires with your help and guidance, so I thank you all for your time and advice.

The facts:

-Vehicle was parked on a public street, not on yellow lines or a bay (Is this allowed?)

-There were signs from CPS on the walls, there are a number of bays across the street which have always been their parking area.

-Received a ticket on the windscreen for not displaying a valid permit.


Normally I would have waited for the NTK, soft appealed and then killed it at POPLA.
The issue this time is that the vehicle is a hire car through my work. How do I approach this situation please?

-If I wait for the NTK, this will be sent to a hire company who will either:

-pay it and forward the charges + admin on to me

-Forward onto me and charge me a hefty admin fee


Thank you for reading and I look forward to your advice and guidance.

Mr Cube
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post Tue, 27 Nov 2018 - 01:33
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nosferatu1001
post Sat, 9 Mar 2019 - 00:29
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Surely enterprise were given some form of ntk? Otherwise they couldn't have paid it...

Don't call, email and require they open this as a complaint
Point out they failed to follow their own trade guidance and also their own t and c
This is no longer any problem of yours; they paid when they had no authority to do so and it's their own issue to deal with. Cite the t and c. State that, if the charge you, you will perform a charge back immediately.
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The Rookie
post Sat, 9 Mar 2019 - 04:14
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If there was no NtK here can be no liability, you'd think a company the size of Enterprise could afford a decent solicitor who can read PoFA.


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ostell
post Sat, 9 Mar 2019 - 09:57
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And their letter of authority is calling it a "Penalty Charge Notice".

So it looks like this branch of Enterprise is very confused
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unknowncube
post Mon, 11 Mar 2019 - 12:50
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QUOTE (nosferatu1001 @ Sat, 9 Mar 2019 - 00:29) *
Surely enterprise were given some form of ntk? Otherwise they couldn't have paid it...

Don't call, email and require they open this as a complaint
Point out they failed to follow their own trade guidance and also their own t and c
This is no longer any problem of yours; they paid when they had no authority to do so and it's their own issue to deal with. Cite the t and c. State that, if the charge you, you will perform a charge back immediately.


I have logged it as a complaint with their head office. They haven't paid yet, he's froze the payment as I told him he can't pay it.

The letter from TNC is the only one they have received. Enterprise would have no reason to ignore any correspondence so I'm assuming that CPS never sent it out. My previous run in with the company supports my claim that they are incompetent.

QUOTE (ostell @ Sat, 9 Mar 2019 - 09:57) *
And their letter of authority is calling it a "Penalty Charge Notice".

So it looks like this branch of Enterprise is very confused


I may post the email chain between myself and Enterprise. I was literally banging my head against the wall telling them it was not a fine, they are not authority etc.

QUOTE (The Rookie @ Sat, 9 Mar 2019 - 04:14) *
If there was no NtK here can be no liability, you'd think a company the size of Enterprise could afford a decent solicitor who can read PoFA.


I have explained that to them but they don't seem understand that.

How would you best advise I proceed?

1. I ignore it, Enterprise pay it and then I challenge them.

2. I contact CPS / TNC and try to get them drop it as they ignored my appeal, didn't send NTK etc...

3. Ask Enterprise to send Notice to Hirer so that it is transferred to me. That way I can deal with it without being in an incompetence sandwich.

Should I post up the signs at the site? From what I've read the driver didn't breach conditions as they weren't clear.
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unknowncube
post Mon, 11 Mar 2019 - 13:17
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A photo of one of the signs.

-There is no markings on the ground.

-The vehicle was parked (have photo) where there was no bay marking or any markings at all.

-Reading the sign it doesn't make any reference to Curzon Street.

-It gives the impression that the land behind the sign is private land and these conditions are for that land.


-Any other criticisms?
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nosferatu1001
post Mon, 11 Mar 2019 - 14:23
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3) tell enterprise to follow their own internal instructions, AND the BVRLA guidance on this, AND POFA2012, bu simply naming you as the hirer.
Thats all they need to do.
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Umkomaas
post Mon, 11 Mar 2019 - 21:16
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QUOTE (unknowncube @ Mon, 11 Mar 2019 - 13:17) *
A photo of one of the signs.

-There is no markings on the ground.

-The vehicle was parked (have photo) where there was no bay marking or any markings at all.

-Reading the sign it doesn't make any reference to Curzon Street.

-It gives the impression that the land behind the sign is private land and these conditions are for that land.


-Any other criticisms?

Seems to be a tuppence ha'penny outfit, not even investing in professionally produced signage. That sign seems to have been knocked up on a PC using Word, an A3 printer and A3 laminator!
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