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Parking charge notice- private car park, How to resolve this
X2000
post Fri, 30 Mar 2018 - 12:18
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Hi, i really need some help.

So the driver has been issued with a parking ticket on 23/03/2018. They saw the ticket when they had finished work and it was a yellow envelope stuck to the window which said 'PARKING NOTICE ENCLOSED, WARNING IT IS AN OFFENCE FOR ANY PERSON OTHER THAN THE DRIVER TO REMOVE THIS NOTICE’ by CM Services..

The driver had a previous agreement with the owner of the car park to allow them to park there during the day/ evening whilst they went to work. However, after recieving the ticket and consulting the owners They had discovered the car park had been sold which they were unaware of. It is a run down car park that does not even have bays or any markings on the floor and there is little signage and no where to even pay for parking. They know multiple employees at their work place who also park there and they have been parking there for the past 6 months

The driver finds it unfair they have been stuck with this extra payment of £60 in 14 days or £100 if any later. Is there anything they can do??

This post has been edited by X2000: Fri, 30 Mar 2018 - 21:59
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post Fri, 30 Mar 2018 - 12:18
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PASTMYBEST
post Fri, 30 Mar 2018 - 12:26
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I have asked a mod to move to the correct forum where you will receive the best advice
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X2000
post Fri, 30 Mar 2018 - 15:09
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QUOTE (PASTMYBEST @ Fri, 30 Mar 2018 - 13:26) *
I have asked a mod to move to the correct forum where you will receive the best advice


Which forum would it be?
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nosferatu1001
post Fri, 30 Mar 2018 - 16:13
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Well it’s private parking, so the private parking forum where it is now

Standard MSE appeal from the FORUM newbies thread, in blue. There’s only one appeal there so don’t day if it’s the right one.

Then ignore. That doesn’t mean throw away.

Ignore unless they break a habit of the lifetime and give court a try. No, debt collectors can’t take you to court.
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X2000
post Fri, 30 Mar 2018 - 18:10
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I have checked the BPA and IPC lists of AOS members and cant seem to find the company (M Services). Can they be registered under a different name? Can someone double check this. If they aren’t a member, i assume i am safe to ignore the PCN?

Apologies, i misread CM Services as M services so ignore the above


This post has been edited by X2000: Fri, 30 Mar 2018 - 18:17
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X2000
post Fri, 30 Mar 2018 - 18:23
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I have checked the AOS members list for CM Services and they are an IPC member. Should i wait a month to receive a NTK letter then appeal as per the MSE forum?
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ostell
post Fri, 30 Mar 2018 - 21:36
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Edit that first post so that the identity of the driver at the time cannot be inferred. Use "the driver....." etc.

Suggested is to appeal as the keeper so that the appeal arrives a couple of days before the 28 days are up. If you can put a small error in your name and address (nothing that will prevent it being answered). The aim is to see if they save £2.50 and don't contact the DVLA for the keeper details when they send a NTK or don't bother to send a NTK at all. Either is a POFA fail and therefore no keeper liability. With the no dirver identified then they will have problems

Get the driver to go and get some photos of the signs on the site. I suspect that they may be prohibitive signs, ie there is no offer to park there if not authorised and therfroe no contract to be breached.

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X2000
post Fri, 13 Apr 2018 - 18:48
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Hi,

The PCN was issued on the 23/03/18. I received a NTK letter yesterday which is 20 days after the window ticket was issued. The date on the NTK is 10th of April which is 18 days after the window ticket was issued. Isnt this too soon for a NTK? It says i have 28 days to pay the fine on the PCN? Can you advise,

Thanks
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SchoolRunMum
post Fri, 13 Apr 2018 - 18:54
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Same incident date mentioned on the NTK?

You need to report them to the DVLA for getting the data within the 28 days following a windscreen PCN, and complain at the DVLA for giving out that data without reasonable cause, too early.
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X2000
post Mon, 16 Apr 2018 - 19:15
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Yes it is the same incident,

Do i report them and also complain via the DVLA website?

And do i need to respond to the PPC or can i now just ignore them and leave it with the DVLA?
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The Rookie
post Tue, 17 Apr 2018 - 09:02
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Appeal to the PPC, it won't achieve anything but a reasonable person would do this.

Complain to DVLA via email, there is an address on here somewhere may take some searching but I don't have it.


--------------------
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 8-0 PPC's
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X2000
post Tue, 17 Apr 2018 - 14:17
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By doing what they did, have they failed to comply with POFA? By sending the NTK within 28 days
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ManxRed
post Tue, 17 Apr 2018 - 14:20
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Yes, they have.


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X2000
post Sat, 7 Jul 2018 - 17:21
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Hi,

Its been a while since the PCN, i did try to complain to the DVLA but the process on their website was too confusing and it was difficult categorising my issue in their set categories for complaints. I didnt respond to or contact the PCC either. However i have been receiving letters in the post from a debt collection agency and they are beginning to worry me now. Should i be concerned and what can i do? Surely since they failed to comply with POFA they do not have any ground? Any help would be appreciated,

Thank you

This post has been edited by X2000: Sat, 7 Jul 2018 - 19:33
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Redivi
post Sat, 7 Jul 2018 - 18:27
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You've left reference numbers all over your pictures, including the original post

Is it the same incident because QDR is demanding payment on behalf of Globe Protection Ltd when the Parking Notice was issued by CM Services Ltd ?

Globe Protection is a debt collector
If it's previously written to you on behalf of CM Services, it would appear that it's appointed another debt collector, ZZPS, to recover the amount that it's been employed to collect

This post has been edited by Redivi: Sat, 7 Jul 2018 - 18:38
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SchoolRunMum
post Sat, 7 Jul 2018 - 19:04
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This thread from MSE sums up why we don;t need any posts on either forum, about debt collectors:

https://forums.moneysavingexpert.com/showth...d.php?t=5035663

...no, not even the next letter, nor the next scarier/red one. No thanks! We really never want to see another pic of a debt letter again!
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Redivi
post Sat, 7 Jul 2018 - 19:22
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Dear Sir

Ref *****

I have received your letter dated ****

Globe Protection Ltd is not the car park operator at the location

I have never received a Notice of Assignment and, even if I had, the operator's (CM Services Ltd) KADOE contract with the DVLA forbids the sale of such alleged "debts"

Globe Protection Ltd cannot possibly lawfully acquire the disputed debt
Your letter is therefore a prima facie admission that Global Protection and CM Services Ltd have abused my personal information in breach of the Data Protection Act and/or the General Data Protection Regulation

Unless within seven days you provide a satisfactory explanation for your extraordinary letter, I will refer the matter to the DVLA and the Information Commissioners Office

I reserve my rights regarding a claim for damages arising from this matter

Yours Faithfull
y
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Churchmouse
post Sat, 7 Jul 2018 - 19:26
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Stop worrying about debt collector letters (or "solicitors" acting as debt collectors). Debt collectors can do nothing but scare you--but only if you don't know just how powerless they are. Their threats are empty and often nonsensical. One of their classic threats is that they may advise their client to file a court claim--but if they did so, the debt collector would get nothing, having utterly and conclusively failed to collect the debt... Moreover, any "qualified" solicitors would know that legal fees are not normally awarded in small claims court. Could they really be that dim?

The company or individual that claims you (well, the driver) have breached a contract with them can, if they so choose, file a court claim against you within six years of the parking "incident", and before they do that they are required to send you a "letter before claim". Your job is now to ignore EVERYTHING, except a letter before claim or court papers.

--Churchmouse
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