PCN from CPM - Private Car Park

[danmage1]

I have received a PCN which I found on my dash after returning from a weekend trip. The car was left in a car park in front of a friend's flat in Maidstone - we took his car and left mine, with his permit on the dash. I am not sure where the permit is on the dashboard picture, as it is a bit unclear (attached from CPMs online evidence page for the PCN). They also show as evidence what appears to be someone else's vehicle? Either way I am unsure how to proceed, as it is possible the permit fell off the dash or was underneath a phone anti slip mat - I cannot remember what state the dashboard was in when I returned home that evening. Attached are all the picture I have from CPM and the PCN from the windscreen.

Thank you for your help! I have won a POPLA appeal in the past, but the IAC and their kangaroo court seems like a whole other beast.

[mystery1]

Re: PCN from CPM - Private Car Park

Does the serial number reflect a resident or a vehicle ?

What does his lease say about parking ?

Generally i'd wait for a notice to keeper to arrive between days 28 and 56.

M1

[danmage1]

Re: PCN from CPM - Private Car Park

The serial number and permit is for the resident. Flat is rented and I believe lease states that vehicle must have valid permit and parked in the provided lot, no allocated spaces.

[mystery1]

Re: PCN from CPM - Private Car Park

So how do they know whether a vehicle (yours) is or is not entitled to be there ?

Trying to work out if the saw the permit and are saying it was invalid in this vehicle.

M1

[danmage1]

Re: PCN from CPM - Private Car Park

I believe that any vehicle parked there must have a visible permit, and the permit is transferable, not associated with one vehicle. It's possible that the permit I had on the dash slid off, because it's not visible in their pictures, but I know we put it there.

I appreciate your help in this mystery1.

[mystery1]

Re: PCN from CPM - Private Car Park

I'd wait for the notice to keeper.

M1

[danmage1]

Re: PCN from CPM - Private Car Park

Thank you. What would be the next step at that point? Why wait/not appeal?

[Kati]

Re: PCN from CPM - Private Car Park

Thank you. What would be the next step at that point? Why wait/not appeal?

they always muck it up on the NtK (better chance at appeal ) xx

[danmage1]

Re: PCN from CPM - Private Car Park

Ah I see thank you both for your advice! I will let you know when the NtK arrives and we shall see what the next step will be.
Enjoy your weekend!

[danmage1]

Re: PCN from CPM - Private Car Park

The Notice to Keeper has arrived.. I've attached a scan of both sides. From what I can see, the two photos they have supplied do not adequately show if the permit was in fact visible on the dashboard. Should I appeal at this point? I have 28 days to do so apparently.

[mystery1]

Re: PCN from CPM - Private Car Park

Dear Sirs,

I, as registered keeper, wish to invoke your appeals process. The driver was displaying a valid permit. I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 8 in several aspects .

Yours etc


M1

[danmage1]

Re: PCN from CPM - Private Car Park

So can I write to them:

Dear Sirs,
I, as registered keeper, wish to invoke your appeals process.
The driver was displaying a valid permit (as shown in enclosed photograph).
I also note that your Notice to Keeper is fundamentally flawed when compared to Protection of Freedoms Act 2012, schedule 4, paragraph 8 in several aspects.
Yours,
(my name, signed, as addressed in the NtK)

(my return address and name)

Is the above ok?

Thanks again for your help!

[mystery1]

Re: PCN from CPM - Private Car Park

So can I write to them:

Dear Sirs,
I, as registered keeper, wish to invoke your appeals process.
The driver was displaying a valid permit (as shown in enclosed photograph).
I also note that your Notice to Keeper is fundamentally flawed when compared to Protection of Freedoms Act 2012, schedule 4, paragraph 8 in several aspects.
Yours,
(my name, signed, as addressed in the NtK)

(my return address and name)

Is the above ok?

Thanks again for your help!

:okay:

M1

[danmage1]

Re: PCN from CPM - Private Car Park

Hey guys. Just in time for the holidays, PCM has tried to ruin them by sending this frustrating letter.

Do you think I should appeal via the IAC? I can't believe they are trying to suck money out of us even though they acknowledge I have proven that a permit was there. They don't even mention the flaws in comparison to PoFA.. it seems to be a template letter.

Thanks again for all your help!

[mystery1]

Re: PCN from CPM - Private Car Park

Register an intent to appeal as registered keeper.

https://www.theias.org/userguide/article/57



M1