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CPM parking charge notice
niikii
post Fri, 12 Aug 2016 - 10:25
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I'm new in this forum. I need your help please I'm tenant in private residence UK CAR-PARK ENGAGEMENT took control our residence parking nearly 9 month ago and I got 6 ticket all together.

My vehicle was issued 6 ticket one after another 1st PCN on 16th of June 2016 the day I have parked my car at Lantern Close in bay no:46 where usually I’m parking my car last four years and the reason stated on ticket is “Not displaying valid permit” and I was shocked that my parking permit was displayed on wind screen so why warden issued ticket to me? Before I find out why they issued ticket? I wrote formal appeal to them to give me a reason why they issuing ticket to me? I wrote all the appeal to them for clarify why they issuing ticket to me? Even my permit always displayed on wind screen!
Finally I received their explanation letter on 16th of July after 29 days stating that my permit is not correspond to the parking bay where I’m parking my car. I have a visitor permit which was issued by CPM and my visitor permit displayed on careen and I’m not visitor I’m tenant and I have only visitor permit they supposed to give more clear reason on ticket that “Not displaying valid residence permit “Instead of saying “Not displaying valid permit” until now I was thinking that I have valid permit and I'm parking my car in 46 bay last four years and the 46 bay owner they don't have car and they were happy to let me park my car in their bay Its took 29 days to know what happened in between they already issued 5 ticket unfairly I’m not stupid if I knew that they talking about my visitor permit is not valid for 46 bay then I could have moved my car when the 1st ticket was issued not waiting for putting ticket one after another.

After rejected my appeal by CPM I wrote appeal to Independent Appeals Service TheIAS.org and lost my appeal there as well.
Now I'm worried CPM start sending letter to pay £100 each ticket all together £600 I cannot afford.

Please advice on below point.
(1) what is the private car park company rules? CPM took control 9 month ago but they didn't check car park since they took charge of and suddenly in June start issuing ticket to me.
(2) What next as i have lost my appeal in ISA as well
(3) I read in forum that private company can not charge me full amount but they can only charge the money that they loss on private land.

I'm feeling very stressful can somebody help me please!
Sorry for my poor English may I didn't explain very well.
Thank you in advance for your help.

This post has been edited by niikii: Fri, 12 Aug 2016 - 10:27
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post Fri, 12 Aug 2016 - 10:25
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Lynnzer
post Tue, 30 Aug 2016 - 12:02
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QUOTE (niikii @ Tue, 30 Aug 2016 - 12:49) *
Good morning,

I haven'e received any response from CPM yet!

Many thanks for help and support.

All you can do now is to sit it out.
No further communication is expected from you, and their silence is very telling don't you think


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niikii
post Fri, 14 Oct 2016 - 09:49
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QUOTE (Lynnzer @ Tue, 30 Aug 2016 - 13:02) *
QUOTE (niikii @ Tue, 30 Aug 2016 - 12:49) *
Good morning,

I haven'e received any response from CPM yet!

Many thanks for help and support.

All you can do now is to sit it out.
No further communication is expected from you, and their silence is very telling don't you think


Good morning,

Thank you for all your help and support.

I have bad news now! after more then one and half month today I received letter from Debt Recovery Plus Ltd and asking for £149.00 to be paid by 21st other wise they will take me in court.

I have attached Debt Recovery letter for further help.
Please help me what should I do now? as I have total 6 PCN.
Greatly appreciated your help.

Many thanks for your time and help.
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Jlc
post Fri, 14 Oct 2016 - 09:56
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QUOTE (niikii @ Fri, 14 Oct 2016 - 10:49) *
I have bad news now! after more then one and half month today I received letter from Debt Recovery Plus Ltd and asking for £149.00 to be paid by 21st other wise they will take me in court.

Nope, it says they will recommend to their client.

The line 'if we don't hear from you, we'll take this to mean that you agree you're liable for it' - outrageous!!!!


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Fri, 14 Oct 2016 - 12:26
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What does your lease/rental agreement say about parking?
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niikii
post Fri, 14 Oct 2016 - 15:59
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QUOTE (ostell @ Fri, 14 Oct 2016 - 13:26) *
What does your lease/rental agreement say about parking?


Thank you for reply.

There is nothing in the lease that imposes any other parking obligation on me.

My tenancy agreement was uploaded and there is nothing I need to abide there parking rule.

Therefor I wrote "Sod Off" letter to CPM they didn't answer that letter and sent me a Debt Recovery letter today.

QUOTE (Jlc @ Fri, 14 Oct 2016 - 10:56) *
QUOTE (niikii @ Fri, 14 Oct 2016 - 10:49) *
I have bad news now! after more then one and half month today I received letter from Debt Recovery Plus Ltd and asking for £149.00 to be paid by 21st other wise they will take me in court.

Nope, it says they will recommend to their client.

The line 'if we don't hear from you, we'll take this to mean that you agree you're liable for it' - outrageous!!!!


Thank you for reply.

What you think what next action they can take?
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nosferatu1001
post Fri, 14 Oct 2016 - 17:10
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DRP can DO NOTHING

Ignore drp.
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niikii
post Fri, 14 Oct 2016 - 17:18
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QUOTE (Lynnzer @ Mon, 22 Aug 2016 - 10:02) *
Name and Address
Date

Tel no.
email contact address


Sir,
ref PCN's (include all the ones you have received)

Whilst you may feel you have some authority to pursue me as the registered keeper, or presumption of me being the driver of the car in question, in fact you have no legitimate authority to do so at all.

I am a leaseholder in the housing association premises which includes the roads and parking places as part of the areas that I am allowed unfettered use of.

Unfettered meaning exactly that, ie no requirement to follow rules, conditions or other punitive terms for use of the areas which are absent from my lease.

As no parking constraints mentioned in my lease then I do have unfettered use with the right of peaceful enjoyment of the facilities within my housing association complex.

Furthermore, you indicate that I have entered into a contract with you to make payment for the use of the parking outwith your terms and conditions.

I do not make an appeal on this point, as my doing so isn't required where you have no overriding rights on the land. In fact to emphasise the point, you cannot offer me something that I already have, nor even contract with me to do something you forbid.

Simple common-sense tells you that if I already have unfettered use of something written into a contract, then you cannot hijack that and slap me with a charge to use it as well.

In the case of you presenting a bill for parking without a permit where a permit is required (albeit it would have to be an agreed part of my lease anyway) then you cannot offer me parking rights for parking without a permit when you specifically require one to be shown.

This letter is not, nor is it to be construed as an appeal of any sort.
I simply explain why your harassment is an illegitimate and potentially illegal act and tell you that I require an immediate acknowledgement of the cancellation of my PCN's. You may well be advised to take note of my car's registration number to avoid ticketing me at any time in the future.

I do not intend to continue this dialogue further and if you feel you have the legal right to take action against me then be advised it will be robustly defended. I can bring into my defence many recent cases where the judges presiding on such cases have found in favour of the defendant and even awarded a high costs settlement.

This letter is being sent by first class post with a proof of posting certificate to validate of a proper presumption of delivery.
It will be filed and brought into any defence in a court if needed.
This is my last letter as I cannot see any reason to write further and waste my time on a matter you have no authority to progress.

Yours sincerely


When you send that letter attach a printout of this case.
If they continue it shows how poorly thought through their future business plan is.


Dear Lynnzer,

Today I received Deb Recovery letter for asking £149.00 if I don't pay by 21st of this month then Debt Recovery Plus Ltd will recommend to CPM to take me in court.
If CPM take me in court then what should I do?

You were very helpful.
Greatly appreciated your help.

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Lynnzer
post Fri, 14 Oct 2016 - 17:42
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QUOTE (niikii @ Fri, 14 Oct 2016 - 18:18) *
QUOTE (Lynnzer @ Mon, 22 Aug 2016 - 10:02) *
Name and Address
Date

Tel no.
email contact address


Sir,
ref PCN's (include all the ones you have received)

Whilst you may feel you have some authority to pursue me as the registered keeper, or presumption of me being the driver of the car in question, in fact you have no legitimate authority to do so at all.

I am a leaseholder in the housing association premises which includes the roads and parking places as part of the areas that I am allowed unfettered use of.

Unfettered meaning exactly that, ie no requirement to follow rules, conditions or other punitive terms for use of the areas which are absent from my lease.

As no parking constraints mentioned in my lease then I do have unfettered use with the right of peaceful enjoyment of the facilities within my housing association complex.

Furthermore, you indicate that I have entered into a contract with you to make payment for the use of the parking outwith your terms and conditions.

I do not make an appeal on this point, as my doing so isn't required where you have no overriding rights on the land. In fact to emphasise the point, you cannot offer me something that I already have, nor even contract with me to do something you forbid.

Simple common-sense tells you that if I already have unfettered use of something written into a contract, then you cannot hijack that and slap me with a charge to use it as well.

In the case of you presenting a bill for parking without a permit where a permit is required (albeit it would have to be an agreed part of my lease anyway) then you cannot offer me parking rights for parking without a permit when you specifically require one to be shown.

This letter is not, nor is it to be construed as an appeal of any sort.
I simply explain why your harassment is an illegitimate and potentially illegal act and tell you that I require an immediate acknowledgement of the cancellation of my PCN's. You may well be advised to take note of my car's registration number to avoid ticketing me at any time in the future.

I do not intend to continue this dialogue further and if you feel you have the legal right to take action against me then be advised it will be robustly defended. I can bring into my defence many recent cases where the judges presiding on such cases have found in favour of the defendant and even awarded a high costs settlement.

This letter is being sent by first class post with a proof of posting certificate to validate of a proper presumption of delivery.
It will be filed and brought into any defence in a court if needed.
This is my last letter as I cannot see any reason to write further and waste my time on a matter you have no authority to progress.

Yours sincerely


When you send that letter attach a printout of this case.
If they continue it shows how poorly thought through their future business plan is.


Dear Lynnzer,

Today I received Deb Recovery letter for asking £149.00 if I don't pay by 21st of this month then Debt Recovery Plus Ltd will recommend to CPM to take me in court.
If CPM take me in court then what should I do?




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nosferatu1001
post Fri, 14 Oct 2016 - 23:04
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So you gave THE standard drp letter, and want advuce?

It's drp. Ignore. This is a template. Nothing more.

If the PPC tried to take you to court, were here. Stop fretting over these wastes of space!
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niikii
post Thu, 27 Oct 2016 - 14:09
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Today I received final warning letter from DRP for me to pay £149.00 by 7/11/2016 if not then they will pass my file to CPM to take me in court.

I wondered DRP only asking me to pay for 4th ticket which was given me on 09/07/2016 but in total I received 6 tickets DRP only stick with this particular pcn and not sending me letters for all other!!

Will be participated your advice.

Many thanks.
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nosferatu1001
post Thu, 27 Oct 2016 - 14:24
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Its DRP. Ignore them Dont presume competence on their part.
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SchoolRunMum
post Thu, 27 Oct 2016 - 23:43
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QUOTE (niikii @ Thu, 27 Oct 2016 - 15:09) *
Today I received final warning letter from DRP for me to pay £149.00 by 7/11/2016 if not then they will pass my file to CPM to take me in court.

I wondered DRP only asking me to pay for 4th ticket which was given me on 09/07/2016 but in total I received 6 tickets DRP only stick with this particular pcn and not sending me letters for all other!!

Stop taking DRP seriously:

http://forums.moneysavingexpert.com/showthread.php?t=5035663

DO NOT contact them. The advice is crystal clear, no picking up the phone. This is computerised junk.
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niikii
post Fri, 28 Oct 2016 - 12:47
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QUOTE (SchoolRunMum @ Fri, 28 Oct 2016 - 00:43) *
QUOTE (niikii @ Thu, 27 Oct 2016 - 15:09) *
Today I received final warning letter from DRP for me to pay £149.00 by 7/11/2016 if not then they will pass my file to CPM to take me in court.

I wondered DRP only asking me to pay for 4th ticket which was given me on 09/07/2016 but in total I received 6 tickets DRP only stick with this particular pcn and not sending me letters for all other!!

Stop taking DRP seriously:

http://forums.moneysavingexpert.com/showthread.php?t=5035663

DO NOT contact them. The advice is crystal clear, no picking up the phone. This is computerised junk.


Many thanks 4 help and support.

QUOTE (nosferatu1001 @ Thu, 27 Oct 2016 - 15:24) *
Its DRP. Ignore them Dont presume competence on their part.


Many thanks 4 help and support.
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Mujahid
post Thu, 8 Dec 2016 - 11:58
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Any more updates from this? I have my own case on another thread and have had 2 DRP letters so far. Just wondering where this case has gone.
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niikii
post Sun, 11 Dec 2016 - 14:30
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QUOTE (Mujahid @ Thu, 8 Dec 2016 - 11:58) *
Any more updates from this? I have my own case on another thread and have had 2 DRP letters so far. Just wondering where this case has gone.


So far I have received 4 DRP letter and 5th one I received yesterday which is under heading " LETTER BEFORE REFERRAL FOR LEGAL ACTION" and also contain warning in their original word " Should UK Car Park Management Ltd issue proceeding against you and a judgment is awarded in their favor, it may affect your ability to obtain credit in the future"

Is it true if I lose the case in court is going to effect my credit??

I don't know now what gonna happen!

Thank you.
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Jlc
post Sun, 11 Dec 2016 - 14:46
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Only if you lose and then don't pay.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Lynnzer
post Sun, 11 Dec 2016 - 20:07
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In light of the new action where trespass has been shown, rather than the contractual charge I suggest sending a Letter Before Action to CPM for a breach of the DPA. Although they raise claims under the guise of a contractual charge it really can't be.

For there to be an element of contract, there must be an offer as the first part, then consideration and finally acceptance, There was no offer. The signs were forbidding so preventing any contractual offer.

As a result only the landowner has the right to take action. CPM are alien to a trespass matter.

I have several letters on recent threads about how to raise a breach of the DPA so just do a search and let me see how you word them before sending any.
I'm doing this on a rather knackered old laptop so won't expand any further yet but will drop by tomorrow to see how things stand.


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niikii
post Mon, 12 Dec 2016 - 16:29
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QUOTE (Lynnzer @ Sun, 11 Dec 2016 - 20:07) *
In light of the new action where trespass has been shown, rather than the contractual charge I suggest sending a Letter Before Action to CPM for a breach of the DPA. Although they raise claims under the guise of a contractual charge it really can't be.

For there to be an element of contract, there must be an offer as the first part, then consideration and finally acceptance, There was no offer. The signs were forbidding so preventing any contractual offer.

As a result only the landowner has the right to take action. CPM are alien to a trespass matter.

I have several letters on recent threads about how to raise a breach of the DPA so just do a search and let me see how you word them before sending any.
I'm doing this on a rather knackered old laptop so won't expand any further yet but will drop by tomorrow to see how things stand.


Thank you for your help, I have found something stated below its not my own word as I stated earlier that my English is not good.

UK Car Park Management
P O Box: 3114
Lancing
12/12/2016

For/ the attention of the Data Controller

Dear Sirs,

It is my understanding that you obtained my personal data from the DVLA. It is my belief that the DVLA passed my personal data to you unlawfully. This is the subject of a separate complaint by me against the DVLA. If this complaint is upheld then it is likely to be the case that you will be processing my personal data unlawfully.

In the meantime I assert that I have not given you consent to process (including holding) my personal data. I request that (save for responding to me that you have done so or if not why not) you immediately cease processing my personal data whether by automatic or other means and also expunge all my personal data from all your relevant filing systems.

Please confirm to me that you have done so within fourteen days of the date of this letter.

Niikii

Yours faithfully

Please advice.

Original word written on parking sign " TERM OF PARKING WITHOUT PERMISSION --You do so your own risk to property and personal injury and you are contractual agreeing to a pay parking charge fee."

What does mean "CONTRACTUAL AGREEING" ? As i didn't sign any contract with CPM

Thank you.

This post has been edited by niikii: Tue, 13 Dec 2016 - 11:08
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niikii
post Sat, 11 Mar 2017 - 10:30
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Dear all,

Many thanks for all your help.

So far I have received 8 tickets, more then 2 month I didn't receive CPM or Debit Recovery Plus threatning letters.

Apriciated your help again.

Have a good wekend.

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Lynnzer
post Sat, 11 Mar 2017 - 10:38
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IOt seems they are deliberately scamming other residents then. Any way you can do a mail drop to other drivers there? Let them know what the score is.


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