CPM Parking Charge Notice |
CPM Parking Charge Notice |
Fri, 5 Oct 2018 - 22:24
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#1
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
My son attends a nursery that is in a modern private housing estate in which all of the parking spaces are designated to specific flats.
The nursery has 5 parking spaces allocated to it. As it shuts at 18:30 in the half hour beforehand it gets quite busy with parents arriving as the the road is single lane and residents are also returning home. This evening the person collecting him went to get our son and parked next to all the occupied spaces for the nursery and was in there for 15 mins while they got him ready, did the handover etc. When they came out a ticket from CPM demanding £100 for 'Parking Outside Of A Designated Area' and 'No Parking On Access Roads/Roadways' had been issued. The space they stopped in doesn't lead anywhere so I'm not sure how they came to the second conclusion. The only reason that it isn't a designated parking spot is that there is an outbuilding behind it. I went back to look at the location and the car had been parked by the first space where the shadow of the post is one the building in the foreground under the security alarm box. The driver took the issue up with the warden when they came out of the nursery and a number of other parents complained, but to no avail. So, apart from loitering around a nursery at the end of the day being rather a bad sport, am I likely to get them to overturn it? Oh, and two of the five designated spaces were taken by people who didn't have car seats and weren't collecting from the nursery, yet they didn't get a ticket. Is an appeal likely to work? There are no lines on the road, nor are the bays painted. This post has been edited by mrfence: Fri, 5 Oct 2018 - 22:47 |
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Fri, 5 Oct 2018 - 22:24
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Mon, 29 Oct 2018 - 16:06
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#21
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
OK, thanks. I'll send a stalling letter then asking why they need my name, then a misspelled version once they come back to me.
Hopefully stretch it out past the 56 days too. |
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Mon, 12 Nov 2018 - 12:49
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#22
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
Just to update and seek advice, I received a Formal Demand in my full name this weekend and have done their research with the DVLA.
They are saying as creditors they want me to pay up within 28 days and they will pursue the keeper for an increased fee if it isn't paid. Should I maintain contact? Ignore until it gets to the next stage? Thanks in advance. |
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Mon, 12 Nov 2018 - 12:50
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#23
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Did the NtK arive on time?
Does it otherwise comply with POFA? |
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Mon, 12 Nov 2018 - 14:08
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#24
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
It is within 56 days and says that they requested the keepers details from the DVLA so I assume so.
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Mon, 12 Nov 2018 - 14:20
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#25
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
That is not what I asked
Does it comply with POFA Scheudle 4 para 8? ONE of the reuiqrements is to arrive wihtin 56 days but not before 29, another is that they must have requested the data from the DVLA, and there are a dozen more. Be strict as well. |
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Mon, 12 Nov 2018 - 14:58
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#26
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
Yes, it appears to comply with the requirements.
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Mon, 12 Nov 2018 - 15:01
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#27
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
I didnt believe CPM were that competent! Does it for example correctly state the period after wihch the keeper is liable, ie 28 days starting the day after the notice is given?
Please host a suitably redacted copy. Imgur, tinypics, etc. |
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Mon, 12 Nov 2018 - 17:08
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#28
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
Here you go.
On the original ticket there was also mention of another offence, 'No parking on access roads/roadways.' Designated area is also a bit of a stretch as there are no lines on the floor, just poles to show which resident has the right to park there. Also the photo of my car really just shows it is present and the parking restrictions are up high and it isn't clear where in the location they are. Thanks again. |
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Mon, 12 Nov 2018 - 22:58
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#29
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
UKCPM do use compliant NTKs so no point trying to rely on POFA arguments except about 'inadequate notice' of the parking charge and 'no relevant contract/obligation'.
QUOTE Should I maintain contact? Ignore until it gets to the next stage? Ignore them and win the case in court later. QUOTE The driver took the issue up with the warden That person, an employee of the scammer parking firm, was not a ''warden'' so don't give the that level of respect. Bottom feeders, all of them. |
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Tue, 13 Nov 2018 - 09:28
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#30
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
OK thanks.
On what grounds should I try and win the court case? I'm conscious that 'it's not fair' probably isn't a going to stand up in court as there will be a need for some legal argument as to why it should be dismissed. |
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Tue, 13 Nov 2018 - 11:39
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#31
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
I suggest you Google the words:
another one bites the dust gladstones site:forums.moneysavingexpert.com and read all the successes on there that are recorded under those words, re Gladstones claims which includes UKCPM useless cases... And on here, read the Completed cases and read court wins there. You'll see how to win v Gladstones, and both forums have around a 99% win rate with NO RISK OF A CCJ as long as you do not ignore court forms/deadlines, and DO tell UKCPM in writing, if you move house within 6 years. This post has been edited by SchoolRunMum: Tue, 13 Nov 2018 - 11:40 |
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Wed, 9 Jan 2019 - 12:28
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#32
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
Just to update on this.
We received a letter from a debt recovery firm over Christmas giving us until 1st Jan to pay up. We weren't home so didn't see it and wouldn't have paid anyway. I assume the next step will be court. Let's see. How long does it normally take to go from one stage to the next? |
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Wed, 9 Jan 2019 - 13:27
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#33
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
Debt Collectors are toothless. They will send you a few missives. After that, you will get at least one from Gladstones but asking you to pay the DC. Yeah, right! Guess who will send that one?
Thereafter, it will be a LBC followed by a court claim. A few months away yet but, very importantly, keep updating this thread. At the moment, you can safely ignore but eventually you will get one that requires a considered response. -------------------- Cabbyman 11 PPCs 0
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Wed, 9 Jan 2019 - 14:56
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#34
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
Debt Collectors are toothless. They will send you a few missives. After that, you will get at least one from Gladstones but asking you to pay the DC. Yeah, right! Guess who will send that one? Thereafter, it will be a LBC followed by a court claim. A few months away yet but, very importantly, keep updating this thread. At the moment, you can safely ignore but eventually you will get one that requires a considered response. Thanks, I'll keep updating the thread. Which is the one I need a considered response to? |
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Mon, 14 Jan 2019 - 14:55
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#35
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
As expected, I've now received a letter from the debt collectors telling me that they are going to recommend to their client that they take me to court.
If I lose, I'll have to pay costs and apparently there was a recent case that a parking company won. Anyway, I'm going to ignore it. |
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Mon, 14 Jan 2019 - 15:26
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#36
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
Which 'recent' case are they quoting?
-------------------- Cabbyman 11 PPCs 0
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Mon, 14 Jan 2019 - 17:52
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#37
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Beavis no doubt
Ignore. We don't need to know about debt collector drivel |
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Mon, 14 Jan 2019 - 18:25
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#38
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
I do. It builds up a picture of how they are dealing with this. Hence my quotes around 'recent.' It may well be Beavis, but it may be another case which may need rebuttal later down the line.
-------------------- Cabbyman 11 PPCs 0
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Tue, 15 Jan 2019 - 09:58
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#39
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Member Group: Members Posts: 23 Joined: 5 Oct 2018 Member No.: 100,234 |
Yes, the link they sent in the letter was to the Beavis case.
The circumstances are quite different to this case so not sure of the relevance. |
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Tue, 15 Jan 2019 - 20:52
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#40
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
It's the case that every PPC/DC trots out because they like to give the impression that it means ALL PPC PCNs are enforceable.
-------------------- Cabbyman 11 PPCs 0
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