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philj22
Hi
Parked in a private car park collecting my daughter from a Prometric testing centre - 10min max
Car park is part of the business centre where Prometric are based so assumed 10 min visitor parking would be OK - reception didn't advise otherwise (but didn't ask)
Received £75.00 Parking Notice Charge (attached)


As it was a Saturday, car park wasn't busy (2 or 3 cars only) so wasn't affecting business centre tenants
Checked signage (after receiving ticket) and signs do say permit holders only, no visitors and mention £75 charge

Can anyone please advise if I should challenge or ignore (it's a company car so I don't want to give them more information than is necessary)?
If I ignore, is it likely to prejudice court proceedings (not making a reasonable attempt to explain)?
Has anyone else had any dealings with CPS (Midland)?
Is photographic evidence likely to identify driver?
Is a county court likely to uphold a £75 charge for 10 mins parking?

Thanks in advance

ManxRed
QUOTE (philj22 @ Tue, 7 Sep 2010 - 14:32) *
Can anyone please advise if I should challenge or ignore (it's a company car so I don't want to give them more information than is necessary)?
If I ignore, is it likely to prejudice court proceedings (not making a reasonable attempt to explain)?
Has anyone else had any dealings with CPS (Midland)?
Is photographic evidence likely to identify driver?
Is a county court likely to uphold a £75 charge for 10 mins parking?

Thanks in advance


You need to have a word with whoever owns the car, is it your company's fleet or is it leased? You may need to inform them that they will be receiving some junk mail and not to pay and not to charge you in any way for this. Depending on how this is set up within your company you may need to get the wording of the lease documents relating to parking fines (this isn't a parking fine by the way, but you need to ensure they don't interpret it as one and incorrectly charge you in respect of it)

No

I think a few have, await others, but my guess is they are toothless and safe to ignore.

No

No
Dwayne
The General advice for PPC's is just to ignore them.

http://forums.pepipoo.com/index.php?showtopic=46975

for more information

As your in a company car you will have to pass the information along so that your company doesn't pay them and charge you. they have to prove that it was you driving the car. PPC are not parking tickets the charge is based on contractual terms and they must prove they you had seen the contract and that it was you driving the car. This is very difficult for them to do. look at that link there is a watchdog video on there.
dave-o
Yeah it's a fake ticket and nothing will ever come of it. As it's a company car, best to write a letter to the fleet manager (or whoever deals with the vehicles) and state that any correspondance regarding this should be forwarded on to you, and you will take full responsibility. We can put this person in touch with a few pepipoo FMs if they would rather hear the lowdown from a fellow FM.
southpaw82
Amazing - a PPC with up to date filings with Companies House.
Alexis
QUOTE
You are required to pay £75.00...


Er, no you're not.
SchoolRunMum
You should be OK, but make sure your fleet manager understands, you don't want the company paying then trying to dock it from your wages.

If the Fleet Manager thinks it needs to be paid, show him this - http://www.fleetnews.co.uk/news/2009...s-urged/30698/

And if he points to any t&cs in your contract saying you have to pay any fines incurred, point out that a PPC bogus ticket is most certainly NOT a fine or penalty. Only the Police, Council or Railway (under a genuine byelaw) can issue an enforceable penalty notice that would result in a fine.

Show them if they still think it's an issue, the Watchdog programme linked on the sticky thread at the top of this board. This issue has been exposed on TV, in the press and on internet forums like this and the more people and Fleet Managers who are aware of it the better.

Finally tell them the driver is the only person remotely responsible if any contract law is alleged and if the matter ever resulted in a Small Claim you take full responsibility (but in effect this just means ignoring the letters).

The company who own the car has nothing at all to worry about but you do need to tell them about this bogus ticket to cover yourself.

If the company wants to and you don't mind, let them tell the PPC who was driving so all the letters go to you instead. But do tell them it's just as easy to file them in a drawer marked 'ignore, paper aeroplanes' (see the Watchdog clip mentioned, to know why that's relevant).
philj22
Many thanks for all your replies and advice.

As a number of you advised, I did contact the leasing company (in this case Arval) and our outsourced fleet managers.
I was surprised that the answer in effect from Arval was more or less... "we just pay them and (presumably) pass the cost across as we have far too many to deal with individual 'tickets'..."
[Thinks... may be worth setting up a PPC and bombarding lease companies with 'tickets' biggrin.gif ]
Anyway, I made clear my intention not to pay this 'fine' etc etc and I received this reply...

Please see below response from our Fines Team :
“I have looked at their website and all seems fine. As they are registered with ICO (Information Commissioners Office) so they can obtain driver details from the DVLA which requires an approved company to be able to register to this. They are also registered with the British Parking Assoc.
I have called and spoke to an officer for the CPS Midlands and they have informed me the site is operated by CPS for their client (who is the land owner of the site).
The site is monitored due to the area being near a shopping centre and the workers of the business site pay for those parking spaces - in the past people have parked there who are unauthorised to do so.
They have advised that several signs stating the terms & conditions are there to warn drivers of this.
They have however agreed to keep the amount at the discounted rate until we receive this. As they advised it has now escalated due to non payment.
Could we have a copy of the ticket please?


Is it OK to send a copy of the 'ticket' with a reaffirmation not to send any payment?
cabbyman
They're having you for a kipper.

You need to advise Arval that this is NOT a fine.

School Run Mum summarised the position very well. Have a read of the links and make yourself familiar with the arguments you need to win.
southpaw82
Ask Arval what part of your contract with them allows them to recover any "fine" paid from you.
Alexis
QUOTE
Please see below response from our Fines Team :
“I have looked at their website and all seems fine. As they are registered with ICO (Information Commissioners Office) so they can obtain driver details from the DVLA which requires an approved company to be able to register to this. They are also registered with the British Parking Assoc.
I have called and spoke to an officer for the CPS Midlands and they have informed me the site is operated by CPS for their client (who is the land owner of the site).
The site is monitored due to the area being near a shopping centre and the workers of the business site pay for those parking spaces - in the past people have parked there who are unauthorised to do so.
They have advised that several signs stating the terms & conditions are there to warn drivers of this.
They have however agreed to keep the amount at the discounted rate until we receive this. As they advised it has now escalated due to non payment.
Could we have a copy of the ticket please?


Might as well send a copy of the ticket, along with a brief letter:

"Please find invoice attached for your record. In response to you letter, please take note:

• It is not a fine. It is an invoice for alleged breach of contract.
• For the sum to stand it must a genuine pre-estimate of loss suffered. There must be also be a valid contract with the landowner which gives full agency rights to the private parking company, to enable privity of contract. As the landowner has suffered no loss, the sum for breaching the terms and conditions and must be a contractual penalty charge which is unenforceable in law.
• CPS have no 'officers'. They are an ordinary private company who just issues [Mod edit].
• The British Parking Association has no legal standing and is merely a collective with no powers, influence or relevance.
• The DVLA will sell details to anybody claiming to have 'reasonable cause' as a matter of course. No evidence of 'reasonableness' needs to offered, hence why companies can send out unenforceable invoices for contractual penalties to vehicle keepers, without any evidence of who was the driver.
• Our contract refers to council fines and police fixed penalties, not spurious invoices from private companies dressed up as tickets.
• Payment demanded cannot 'escalate' - it is a spurious amount plucked out of the air. Any escalation is [Mod edit] to persuade quick payment.
• No money will be forthcoming and no contract exists between us which offers an administration fee in such instances. Either bin the letters, or send CPS my name and details for me to ignore their correspondence."
SchoolRunMum
And attach a printed copy of the Fleet News link I gave earlier.
philj22
Thanks guys and girls

Will take your advice in my reply to Arval and let you know how it unfolds...
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