CUP enforcement

[CPTsrk]

Hi all,

First post, so apologies if I’ve listed this in the wrong place.

I’ve received a PCN from CUP enforcement for parking on a private road. I’ve parked there before and have never realised it’s a private road, there’s no signage as you enter and just some small signs stuck on the wall.

I received a parking charge reminder and then a final charge notice, I thought I had never received the original parking notice but have just found it. I did contact CUP to try and get the initial letter sent again but they’ve just stated they’ve sent 3 letters to me and the case is being passed onto the debt collectors. They have also questioned what my grounds for an appeal would be.

I’ve tried attaching the letters and images they’ve taken but I get an error message saying I don’t have permission to.
Any advise would be greatly appreciated!!

[CPTsrk]

Trying to upload again…

[ostell]

The have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 in that they have not given the invitation to Keeper as mandated by 9 (2) (e) nor have they given the period of parking as required by 9 (2) (a). They are therefore unable to transfer liability from the driver at the time to the keeper.

The alleged breach that they have stated is not one of the conditions on the sign.

Tell the debt collectors that you have no liability for the alleged debt and to return it to their principal

Edit so that the identity of the driver cannot be inferred. The driver drove andparked, the keeper received the notice.

[CPTsrk]

Thank you Ostell. What should my next step be, reply to their email with the above? Or wait for the debt recovery letter and then send the above to them?

[ostell]

So if they've asked what your appeal would have been then here it is :

Dear Sirs,

I have 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 give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You have also failed to give the period of parking as required by 9 (2) (a)

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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


wrap your own words around it. You could add "Please supply a POPLA code so that you can pay to gave my appeal accepted".