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Summary of Facts
On the 25th January 2019 I received a PCN for parking behind my Property of 23 years, no 'Permit' displayed.
The PCN has now been cancelled after my request to disclose information from the IPC, whom I believe have not answered my complaints in a professional manor.
Can I now issue a complaint against the IPC, if so, who do I complain to?
I have issued LBA's against my landlord (who after all my evidence said they are hoppy for CMS to continue.
My main question is how can I take down CMS? As far as I know I cannot take them to court as they have no physical address. Even if I could then I could never enforce any judgment made
I have complained to Companies House whom stated that they have no powers to Investigate, its down to Insolvency.
Insolvency said that they are not going to Investigate the company
DVLA said its down to the IPC
IPC said they are not going to investigate this company.
Reasons for disputing PCN. (My Appeal- In brief)
1) Primary contract
My contract states nothing about 'Permits' to park
2) CMS are operating from an address of which they no longer own/ occupy.
a) CMS moved out of the address of which they are operating, they have not been at the companies registered address since 23rd January 2018.
b) CMS are issuing PCN's from this address. A PCN is an invoice.
Both (a) and (b) are in breach of the companies act 2006. Any invoice issued from the date above can be argued has been issued 'Illegally.'
3)Signage (breaking regulations under Code or Practice and/or Keeper at Date of Event (Kadoe.)
a) Sign was purporting that CMS was a member of the BPA, an ATA of which they left in 2013
b) CMS are using a premium number (0844), as a point of contact which is prohibited
c) The sign was not made of the right material.
The IPS’s ‘Code of Practice’ states, Signs should be constructed from material that is sufficiently robust to withstand normal external conditions. Signs must be professionally made and not hand-written, so it is immediately apparent to the motorist that they convey important information regarding the site upon which they are placed.” CMS’s sign was an old sign with a piece of paper stuck on to it, conveying text which is neither correct not upto standard as set in current regulations.
d) CMS's Image of a sign and a sign from a van was accepted over my sign on the premises.
4) Conduct - CMS lied to the IAS of what signs were displayed at the alleged time of contravention
4.1 CMS are issuing PCN’s from an address which they no longer own/ occupy.
4.2 CMS gave false evidence to the IAS on what signs were displayed at the time of the alleged contravention.
‘b’ and ‘d’ breaches the IAS/IPC’s CoP.
5) Breach of the Data Protection Act 2018.
As a result, there is no legally-enforceable parking charge and no justification for CMS to pursue me. CMS, therefore, obtained my personal information without reasonable cause. This is a clear breach of data protection principles 1 and 2 of the Data Protection Act 1998 (DPA). CMS’s unreasonable and unlawful demand for payment is causing me significant distress and anxiety.
On the 25th January 2019 I received a PCN for parking behind my Property of 23 years, no 'Permit' displayed.
The PCN has now been cancelled after my request to disclose information from the IPC, whom I believe have not answered my complaints in a professional manor.
Can I now issue a complaint against the IPC, if so, who do I complain to?
I have issued LBA's against my landlord (who after all my evidence said they are hoppy for CMS to continue.
My main question is how can I take down CMS? As far as I know I cannot take them to court as they have no physical address. Even if I could then I could never enforce any judgment made
I have complained to Companies House whom stated that they have no powers to Investigate, its down to Insolvency.
Insolvency said that they are not going to Investigate the company
DVLA said its down to the IPC
IPC said they are not going to investigate this company.
Reasons for disputing PCN. (My Appeal- In brief)
1) Primary contract
My contract states nothing about 'Permits' to park
2) CMS are operating from an address of which they no longer own/ occupy.
a) CMS moved out of the address of which they are operating, they have not been at the companies registered address since 23rd January 2018.
b) CMS are issuing PCN's from this address. A PCN is an invoice.
Both (a) and (b) are in breach of the companies act 2006. Any invoice issued from the date above can be argued has been issued 'Illegally.'
3)Signage (breaking regulations under Code or Practice and/or Keeper at Date of Event (Kadoe.)
a) Sign was purporting that CMS was a member of the BPA, an ATA of which they left in 2013
b) CMS are using a premium number (0844), as a point of contact which is prohibited
c) The sign was not made of the right material.
The IPS’s ‘Code of Practice’ states, Signs should be constructed from material that is sufficiently robust to withstand normal external conditions. Signs must be professionally made and not hand-written, so it is immediately apparent to the motorist that they convey important information regarding the site upon which they are placed.” CMS’s sign was an old sign with a piece of paper stuck on to it, conveying text which is neither correct not upto standard as set in current regulations.
d) CMS's Image of a sign and a sign from a van was accepted over my sign on the premises.
4) Conduct - CMS lied to the IAS of what signs were displayed at the alleged time of contravention
4.1 CMS are issuing PCN’s from an address which they no longer own/ occupy.
4.2 CMS gave false evidence to the IAS on what signs were displayed at the time of the alleged contravention.
- 25/01 – alleged contravention
- 08/03 - CMS gave evidence to the IAS, including what signs were displayed at the time.
- 12/03 - My last photographic image of the old sign carries the metadata, with the date/ time that the photo was taken - 12th March 2019 at 08:34.
- 20/03 – CMS changed the entrance sign. The sign now displayed is the sign which they said on the 8th March to the IAS, was displayed in January. This is some 12 days after they gave evidence and 54 days after the alleged contravention.
‘b’ and ‘d’ breaches the IAS/IPC’s CoP.
5) Breach of the Data Protection Act 2018.
As a result, there is no legally-enforceable parking charge and no justification for CMS to pursue me. CMS, therefore, obtained my personal information without reasonable cause. This is a clear breach of data protection principles 1 and 2 of the Data Protection Act 1998 (DPA). CMS’s unreasonable and unlawful demand for payment is causing me significant distress and anxiety.
