CPS Midlands Ltd - Nottingham - ticket on public highway?, Hire car complications |
CPS Midlands Ltd - Nottingham - ticket on public highway?, Hire car complications |
Tue, 27 Nov 2018 - 01:33
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#1
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Member Group: Members Posts: 29 Joined: 19 Mar 2014 Member No.: 69,545 |
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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Tue, 27 Nov 2018 - 01:33
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Sat, 9 Mar 2019 - 00:29
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#21
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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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Sat, 9 Mar 2019 - 04:14
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#22
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sat, 9 Mar 2019 - 09:57
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#23
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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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Mon, 11 Mar 2019 - 12:50
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#24
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Member Group: Members Posts: 29 Joined: 19 Mar 2014 Member No.: 69,545 |
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. 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. 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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Mon, 11 Mar 2019 - 13:17
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#25
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Member Group: Members Posts: 29 Joined: 19 Mar 2014 Member No.: 69,545 |
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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Mon, 11 Mar 2019 - 14:23
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#26
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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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Mon, 11 Mar 2019 - 21:16
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#27
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Member Group: Members Posts: 3,124 Joined: 8 Feb 2013 Member No.: 59,842 |
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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