Parking Charge Notice from CPM!

[Super.Mario]

I got a parking charge notice from CPM (UK Car Park Management) today. I was confused because the driver paid for their parking at a train station online with NCP via dashpark.co.uk. I think they have literally just gone to the wrong car park! It was cold, dark, early and they were tired! They say I need to pay £100 or a reduced amount of £60 if I pay in 14 days. The offence was on 24/1/19 and the issue date is 8/2/19 but I received today in the post. They have taken photos of the car windscreen and back window (the rear one is blacked out - not sure if that helps).

While I am sure the driver is at fault - a bit dopey!! - this fine seems very high. Do you think I can appeal in any way?

[ostell]

Edit to remove any inference about who was driving, use "the driver....." etc. Don't want to know the driver.

Post up the PCN you received, suitably redacted, leavig dates Looks as though they have failed to deliver within 14 days and therefore can't hold the keeper liable, only the unknown driver. (hence the edit request!)

It is not a fine, it's an invoice for an alleged breach of their conditions.

[Super.Mario]

I have attached the notice, which reads: We have issued Parking Charge Notice (PCN) to your vehicle because it was parked in a manner whereby the driver became liable for a parking charge at XXX Car Park that we are authorised to manage on 24th January 2019 at 11:47. The terms and conditions or parking on this provate land are clearly set out on the signage installed within the car park. By parking within this car park you are bound to these terms and conditions and liable to pay a charge if you breach these terms and conditions. The period of parking to which this notice relates is the period that immediately preceded the incident and time above.

A discounted charge of £60.00 applies if this Parking Charge Notice is paid within 14 days of issue. If you choose to not pay at this amount, the full value Of £100.00 will be due.

We have requested your details from DVLA as the registered keeper of the vehicle (through the Reasonable Cause criteria of pursuing an outstanding parking charge). The reason we issued the PCN to the vehicle is as follows: Unauthorised Parking

We, the Creditor, now request this amount is paid using one of payment methods described overleaf. If you were not the driver of this vehicle you should notify us (see reverse for details) of the name of the driver and a current address for service for the driver and pass this notice to the driver.

You are advised that if, after the period of 28 days beginning with day after that on which this notice is given — the amount of the unpaid parking charge specified in this notice has not been paid in full, we have the right to recover from the driver so much of that parking charge amount as remains unpaid. This notice is deemed to have been given to you on the second working day after the date of sending above.

Hope this is sufficient

[Super.Mario]

Edit to remove any inference about who was driving, use "the driver....." etc. Don't want to know the driver.

Post up the PCN you received, suitably redacted, leavig dates Looks as though they have failed to deliver within 14 days and therefore can't hold the keeper liable, only the unknown driver. (hence the edit request!)

It is not a fine, it's an invoice for an alleged breach of their conditions.

When you say "Edit to remove any inference about who was driving" do you mean you want me to edit my 1st post - sorry, new to this!

[Amethyst]

Done it for you xxx You are the reg'd keeper ( presumably, if the letter was addressed to you ) and the driver is the unidentified person who was driving on the day in question... ok

[ostell]

Thanks Amethyst

Quite an easy one this one. Here's the appeal:

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

Send first class post and get a free certificate of posting from a post office.

They will most likely reject and suggest you appeal to the IAS, their biased appeal service. You will lose for certain so don't even bother. Just ignore everything else that comes unless it's a letter before claim or actual court claim. Keep all the paperwork safe.

Parking was the 24th Jan, NTK issued Friday 8th Feb, POFA assumes delivered 2 working days later Tuesday 12th, actually received 13th. That's 20 days, well in excess.

Here's POFA for reference

[Super.Mario]

Done it for you xxx You are the reg'd keeper ( presumably, if the letter was addressed to you ) and the driver is the unidentified person who was driving on the day in question... ok

Ah yes, I understand now, many thanks!

[Super.Mario]

Thanks Amethyst

Quite an easy one this one. Here's the appeal:

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

Send first class post and get a free certificate of posting from a post office.

They will most likely reject and suggest you appeal to the IAS, their biased appeal service. You will lose for certain so don't even bother. Just ignore everything else that comes unless it's a letter before claim or actual court claim. Keep all the paperwork safe.

Parking was the 24th Jan, NTK issued Friday 8th Feb, POFA assumes delivered 2 working days later Tuesday 12th, actually received 13th. That's 20 days, well in excess.

Here's POFA for reference

Thank you so much for looking at this and writing the appeal, I will send it first class tomorrow and will update when I either get a notification that they are dropping the charge or a letter before claim or actual court claim. Thanks again

[ryder_rock]

Thanks Amethyst

Quite an easy one this one. Here's the appeal:

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

Send first class post and get a free certificate of posting from a post office.

They will most likely reject and suggest you appeal to the IAS, their biased appeal service. You will lose for certain so don't even bother. Just ignore everything else that comes unless it's a letter before claim or actual court claim. Keep all the paperwork safe.

Parking was the 24th Jan, NTK issued Friday 8th Feb, POFA assumes delivered 2 working days later Tuesday 12th, actually received 13th. That's 20 days, well in excess.

Here's POFA for reference

I am in a similar situation, however my appeal got rejected. I told them i was doing Amazon deliveries, they did not accept it. Also i sent them that note then they said that i have accept that i was the driver in my appeal? what to do now?

[ostell]

They did not accept it because you told them you were the driver and therefore there is no requirement for them to comply with POFA to hold you liable. Unless the signage is terribly bad you may as well pay the reduced fee