PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Unfair parking FINE. PLEASE HELP!, Unfair parking fine
magzzz
post Wed, 6 Nov 2019 - 16:44
Post #1


New Member


Group: Members
Posts: 8
Joined: 6 Nov 2019
Member No.: 106,511



Hi all,

I really hope you lot can help. I have two kids and really cant afford to pay this fine. Its a load of bs.

So I parked in a private car park and received a PCN in the post. I appealed to this as I felt it to be unjust. I received a reply 41 days later stating that the appeal was rejected. The private comapny (CPM) sates that they will respond within 28 days. As initial appeal was rejected I then I appealed again via an independent person on these grounds (response outside 28 days) and it was rejected. Do I have a leg to stand on in court? Can CPM reply to my appeal whenever they like or are they legally bound to 28 days?

Thanks in advance. I have attached the most recent letter from CPM and the initial emails from them after my first appeal.
Attached thumbnail(s)
Attached Image
Attached Image
Attached Image
 
Go to the top of the page
 
+Quote Post
2 Pages V   1 2 >  
Start new topic
Replies (1 - 19)
Advertisement
post Wed, 6 Nov 2019 - 16:44
Post #


Advertise here!









Go to the top of the page
 
Quote Post
ostell
post Wed, 6 Nov 2019 - 16:48
Post #2


Member


Group: Members
Posts: 12,337
Joined: 8 Mar 2013
Member No.: 60,457



The usual advice here is not to appeal to the IAS because you will lose.

Wait and see what happens. Come back if/when you get a letter before claim.
Go to the top of the page
 
+Quote Post
nosferatu1001
post Thu, 7 Nov 2019 - 08:48
Post #3


Member


Group: Members
Posts: 22,994
Joined: 27 Nov 2007
Member No.: 15,642



There are n o rules they MUST follow. Their promise to reply in 28 days isnt binding.

It states "unauthorised parking" - what was up? Wrong space? It looks a large space - was it a coach space?
Go to the top of the page
 
+Quote Post
magzzz
post Thu, 7 Nov 2019 - 20:05
Post #4


New Member


Group: Members
Posts: 8
Joined: 6 Nov 2019
Member No.: 106,511



Thanks for the response. I have already appealed to IAS and yes it was rejected.
I found the below in the Traffic management act 2004 :
'It is likely that an enforcement authority will receive informal challenges
against penalty charges before they issue the Notice to Owner and authorities
should consider them (the concept of informal challenge does not apply to
penalty charges issued by post where the penalty charge notice will act as a
Notice to Owner). They are likely to receive these within the 14 day discount
period. Enforcement authorities should give proper consideration and
respond to these challenges with care and attention, and in a timely manner
in order to foster good customer relations, reduce the number of Notice to
Owners sent and the number of formal representations to be considered. [b]The
Secretary of State suggests that authorities should respond within 14 days.
[/b]

Enforcement authorities should also have suitably trained staff with the
appropriate authority to deal with these challenges. '

Does this apply to my case?

I parked in a pub car park which I naively presumed was free. I should of known living in London my whole life there is no such thing as FREE parking! @nosferatu1001 @ostell
Go to the top of the page
 
+Quote Post
Sheffield Dave
post Thu, 7 Nov 2019 - 20:27
Post #5


Member


Group: Members
Posts: 666
Joined: 20 May 2013
Member No.: 62,052



QUOTE (magzzz @ Thu, 7 Nov 2019 - 21:05) *
The Secretary of State suggests that authorities should respond within 14 days.
Does this apply to my case?

No, that only refers to state-issued charges. This is just a private civil matter between you and the PPC. They allege that you entered a contract with them, that you broke the terms of that contract, and that you agreed under the terms of that contract to give them some money if you did so. They are are now asking for that money. The only absolute constraint on them is to to bring it to court within 6 years.

This is just you and someone else arguing over an invoice.

There are some additional constraints if they want to hold the keeper liable using POFA, but since I guess you revealed the driver's identity during your appeal, this is irrelevant now.
Go to the top of the page
 
+Quote Post
nosferatu1001
post Fri, 8 Nov 2019 - 07:45
Post #6


Member


Group: Members
Posts: 22,994
Joined: 27 Nov 2007
Member No.: 15,642



Magzz - what exactly was the issue on this site? Why was a ticket issued? We still dont know what the actula issue is.
Go to the top of the page
 
+Quote Post
magzzz
post Fri, 8 Nov 2019 - 09:31
Post #7


New Member


Group: Members
Posts: 8
Joined: 6 Nov 2019
Member No.: 106,511



Hi,

The site is a pub carpark. I parked there and left my car, I returned a few hours later and recieved a ticket in the post.

The ticket was issued for 'unauthorized parking'
Go to the top of the page
 
+Quote Post
nosferatu1001
post Fri, 8 Nov 2019 - 09:31
Post #8


Member


Group: Members
Posts: 22,994
Joined: 27 Nov 2007
Member No.: 15,642



Well thats not helpful. Did yo uneed to input a reg inside? pay and display? Anything?
Go to the top of the page
 
+Quote Post
magzzz
post Fri, 8 Nov 2019 - 09:40
Post #9


New Member


Group: Members
Posts: 8
Joined: 6 Nov 2019
Member No.: 106,511



Please see attached the sign

No I just left my car there. Didn't input reg, didn't pay and display. sad.gif
Attached File(s)
Attached File  Type_SELF_TICKET_authorised_vehicles_e_permit_V2.pdf ( 156.73K ) Number of downloads: 32
 
Go to the top of the page
 
+Quote Post
nosferatu1001
post Fri, 8 Nov 2019 - 09:49
Post #10


Member


Group: Members
Posts: 22,994
Joined: 27 Nov 2007
Member No.: 15,642



OK, so you pakred on someones land and just assumed it was fine to do so?
}Youre why these companies exist. I am guessing this pub has had issues before.

It looks like you need a permit from them to pakr - probbaly obtained in the pub.

You have a choice: pay or hold off to see if they do court
To make that decision is yours alone. Go and read threadsto see if you can handle a court claim. A lot of people have no issue iwth it, but it will take some time to do and you dont get redos or ssecond chances.
Go to the top of the page
 
+Quote Post
magzzz
post Fri, 8 Nov 2019 - 09:58
Post #11


New Member


Group: Members
Posts: 8
Joined: 6 Nov 2019
Member No.: 106,511



Yeah maybe I was in the wrong but the way the world is going is absolutely disgusting how they can charge me £100 for parking in a space is a ******* joke. These companies will eventually charging £500 per ticket and there will be nothing we can do about it. No where is safe if you drive in London I can almost bet my life that you will get some sort of bullshit fine. We have to stand up to these companies. Or eventually we will be taxed for breathing!!! Thanks for your efforts anyway.
Go to the top of the page
 
+Quote Post
nosferatu1001
post Fri, 8 Nov 2019 - 10:11
Post #12


Member


Group: Members
Posts: 22,994
Joined: 27 Nov 2007
Member No.: 15,642



Yes, but fly parking isnt the way to do it.
Go to the top of the page
 
+Quote Post
ostell
post Sat, 9 Nov 2019 - 10:14
Post #13


Member


Group: Members
Posts: 12,337
Joined: 8 Mar 2013
Member No.: 60,457



Doues this help:

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

Go to the top of the page
 
+Quote Post
magzzz
post Mon, 11 Nov 2019 - 10:15
Post #14


New Member


Group: Members
Posts: 8
Joined: 6 Nov 2019
Member No.: 106,511



-ostell
Thank you! Yes this helps very much.
Do you know if there is anyway I can express this matter to them so they drop the claim before it goes to court (as id rather not go if I can help it). Do you think if I write them a letter they will consider dropping the claim ?
What would you suggest for me to be my next move?
Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 11 Nov 2019 - 11:46
Post #15


Member


Group: Members
Posts: 44,048
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Nothing you can do now at all, you just have to wait and see if they want to go the court route of not.


--------------------
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
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Thu, 14 Nov 2019 - 21:42
Post #16


Member


Group: Members
Posts: 18,734
Joined: 20 Sep 2009
Member No.: 32,130



This is why parking firms exist. WHY ON EARTH would anyone dump their car at a pub and go offsite for hours and think that's OK?

We will help you defend it in court but heck, stop parking so selfishly. I;m not going to dress that up! It is awful that people park like you did.
Go to the top of the page
 
+Quote Post
magzzz
post Wed, 20 Nov 2019 - 09:25
Post #17


New Member


Group: Members
Posts: 8
Joined: 6 Nov 2019
Member No.: 106,511



You will help me defend in court? Who are you ?
Go to the top of the page
 
+Quote Post
Dave65
post Wed, 20 Nov 2019 - 10:06
Post #18


Member


Group: Members
Posts: 907
Joined: 16 Jul 2015
Member No.: 78,368



You would get advise on this thread in any defence.
Go to the top of the page
 
+Quote Post
The Rookie
post Wed, 20 Nov 2019 - 10:27
Post #19


Member


Group: Members
Posts: 44,048
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (magzzz @ Wed, 20 Nov 2019 - 09:25) *
Who are you ?

Someone who is offering to help you!

Read some other threads and you'll see how people are helped through the court process.

Or pay - your decision.


--------------------
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
Go to the top of the page
 
+Quote Post
magzzz
post Wed, 20 Nov 2019 - 14:50
Post #20


New Member


Group: Members
Posts: 8
Joined: 6 Nov 2019
Member No.: 106,511



Can they send bailiffs to my house?
Go to the top of the page
 
+Quote Post

2 Pages V   1 2 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 20th February 2020 - 06:04
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.