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haider.a786

I received a letter from CPM stating that I have a fine of £100 to pay reduced to £60 if paid within 14 days however the date of the offence was on the 28/5/19 and the date issued is on the 2/8/19, I am wondering if there is any grounds to dismiss this as I was reading that if a firm does not send the ticket within 2 months its not valid, please confirm, thank you, if not is their any other way of appeal this and getting it dismissed

thank you
ManxRed
Is that the first letter you've received regarding this?

If so, then write back to them, as near to the deadline they've set you to appeal, stating that you are the registered keeper of the vehicle, that they have failed to comply with Schedule 4 of the Protection of Freedoms Act 2012, namely that they have delivered the Notice to Keeper outside of the 14 day limit that the act imposes on them. They can no longer transfer liability for the parking charge from the driver to the keeper. You are under no legal obligation to name the driver, and on this occasion you will not be doing so.

Tell them to cease and desist from contacting you about this again, and to stop processing your personal data in relation to this.

Any further demands from them will be treated as harassment, and you reserve the right to take appropriate action if necessary.
ostell
Was there a ticket on the windscreen? In which case the limit is 56 days.

However if no windscreen ticket then

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


First class post, free certificate of posting from a post office.
haider.a786
Yes this is the first letter I received.

I want to appeal it today,

This is a draft letter, would you change anything, sorry this is my first time, I've copied some bits from another letter I've seen online, let me know if I should add/remove anything, thank you once again

"
Dear Sir/Madam,

I am writing in regard to parking charge with the reference number “xxxxx” which is against the vehicle registered to “xxxxxxx”

I am challenging this notice as the registered keeper of the vehicle “xxxxxxx”

I have received the notice with the issue date of 2nd of August 2019 for a parking violation which occurred on the 28th of May 2019, this is a time frame of 66 days. You have failed to comply with Schedule 4 of the Protection of Freedoms Act 2012 and POFA2012 as you have
delivered the notice to the keeper outside of the 14 day limit that the act imposes on you.

Under legal obligation I reserve the right not disclose the name nor give the information about the driver of the vehicle at the period of time nor would I be doing this on this occasion
Any further demands from them will be treated as harassment and I reserve the right to take appropriate action if necessary, should you also obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach

You are no longer able to transfer liability for the parking charge from the driver to the keeper, I require you to cease and dismiss this notice effectively imminently and to desist from contacting me and to stop processing my personal data in relation to this.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.


Yours Faithfully
"
Jlc
Does the letter claim keeper liability?

Are you the registered keeper? (You could ask the DVLA when your records were accessed)

They can still pursue you on the basis you were the driver.
haider.a786
https://postimg.cc/p5TswnR4

there was no ticket on the windshield, the letter states they requested the details from the DVLA, attached is the letter.

I am the registered keeper however I was not the driver when this occurred
Jlc
Note the wording - they have the right to recover from the driver.

As you were not the driver then you should tell them - but it will not stop them unless you can provide some 'evidence'.
haider.a786
I am writing as the driver, however the car is not registered to me, the registered keeper does not have a membership at David Lloyd so maybe I can use that however they didn’t not leave a ticket on the windscreen nor did they send me a letter within 14/56 days, would this not be enough to dismiss this case?
Jlc
Eh? You’ve just contradicted yourself!

You said you were the RK and not driver and now the opposite?

These charges are not simply ‘dismissed’ unless they are cornered. A claim will likely result.

Has the keeper named you as the driver?
haider.a786
The forum was posted by the RK but now I am writing as the driver like I mentioned, no the driver has not named me, I just received the letter, the RK was not driving when this was issued, what would you recommend people are saying as this matter was 2 months ago it’s dismissible so I don’t know. Please recommend what to do
ostell
If they know the driver, and it's not unknown for them to read the forums, then it doesn't matter one iota if they have failed to comply with POFA

Your appeal in post #4 reads like you do not know what you are talking about. What's wrong with the oft used appeal in the previous post?
Jlc
QUOTE (haider.a786 @ Wed, 7 Aug 2019 - 19:06) *
The forum was posted by the RK but now I am writing as the driver like I mentioned, no the driver has not named me, I just received the letter, the RK was not driving when this was issued

Ok, I'm officially lost. The RK has to deal with this.

QUOTE (haider.a786 @ Wed, 7 Aug 2019 - 19:06) *
...what would you recommend people are saying as this matter was 2 months ago it’s dismissible so I don’t know. Please recommend what to do

I'll say it again, these charges are simply not 'dismissable'. They will pursue and pursue and issue a (robo)claim - regardless of the merit.

The RK clearly needs to tell them that they have failed to comply with the PoFA and they were not driving. Drop the DPA stuff.
haider.a786
What is the DPA stuff, would you just cut the bit out. So I should just send the email to them, i understand that the RK has to respond to this but I am acting on their behalf so what would you recommend
Redivi
Send the Ostell letter in Post #3

Nothing else
Anything that is not necessary has potential to be twisted against you or at least used as a distraction

The DPA threats in Post #4 are empty ones
Even if you followed them up, your chances of claiming £250 are zero

I've had correspondence with the Information Commissioners Office
It sees nothing wrong with companies chasing for payments that are not owed and refusing Section 10 requests
I gave up complaining

Without ICO support, a GDPR (not DPA) claim has no chance of success
Courts take the view that companies are entitled to process details if they believe they're entitled to payment, no matter how unlikely they are to succeed with legal action to recover it
haider.a786
Ok will do, should I file a case with POPLA also?
Jlc
POPLA is not available for IPC members.

Their equivalent ‘independent’ service (IAS) isn’t worth using. These matters are resolved at court.
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