CPM Parking fine

[Mallyt]

Hi
This is my post copied from the welcome page but now have pic links added.

I have just received 2 parking tickets for 2 consecutive days parking in a Visitors bay in the car park of a block of flats next to my work. We have spaces in the same area but in a row next to the flats car park with no barriers in between. The sign right in front of the parking bay I was in was illegible. There are a few other signs in the car park but not near these spaces. Should i pay or do i have grounds for appeal?

thank you


https://i.imgur.com/9RPWpzb.jpg
https://i.imgur.com/rfR3pdg.jpg
https://i.imgur.com/7qXsJVU.jpg
https://i.imgur.com/pmdxxpc.jpg

[ostell]

You have grounds to appeal in that the notice in front of you was incomplete, seemed to be a contract with Britannia and not CPM.

Even with the good sign:
The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. To claim that a contract to park for those with no permit was created when it is specifically forbidden is perverse. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

[Mallyt]

Thank you for your response. Very much appreciated. I’ll post here when i get a response from CPM

[Mallyt]

Surprise surprise - CPM rejected my appeal. Their grounds were not even relevant. I now have to take it further. Any advice gratefully received. Thank you

[ostell]

Not a lot you can do other than wait for the court claim. No point in appealing to the IAS as you would lose

[Mallyt]

Thank you for your reply. Can i ask why i would lose? The reason they give for turning down my appeal is that there was clear signage which conforms to their industry standards and it says that a valid CPM permit must be displayed. The bay I parked in was one of 3 end bays all marked with a “V” as opposed to the other bays which are numbered. The only sign in front of these bays way the one i linked to on my first post which is illegible and not a CPM sign. Nowhere is there any map of the car park to refer to which would indicate these spaces are under CPM management and the fact that they did not put one of their new signs here as they have over the bays on the other sides makes it very unclear. Also, the V would suggest Visitor as in other car parks and there are no signs which would give Visitors any information on usage of these spaces.

Is the IAS therefore not at all Independent?

[ostell]

The IAS is run by the same solicitors that run the IPC.

Go get a photo of that sign. If the name on it is not CPM then why are they trying to say they had a contract?

[Mallyt]

I have the photo of the sign.in front of the 3 bay section i was parked in. (attached link). These bays ran widthways at the end of the car park.
CPM signs are on another wall running lengthways I think there are 3 or 4 of those. There are no signs at the entrance to the car park.

https://imgur.com/rfR3pdg

[ostell]

So there is another name there. The disintegrating paper is posted on top is CPM but the obvious name is Brittania.