CPM (uk car park management ) private parking 5 tickets issued next steps?

[T.Toni]

Hi everyone im a new member and stubbled accross your forum and it would be great to get some advice from any of you lovely people

Received 5 private PCN in post 4-6 weeks after incident date after car broke down and was left parked in closed down newsagent chain car park in July all the local residents was using. No ticket was issued and attached to the wind screen. The first knew about the PCN was when 5 letters over a 2 day period 4 to 6 weeks after the event. The ticket clearly shows a issued date 4 to 6 weeks after the incident date.

After reading a few similar posts i sent an appeal as below

Dear Sirs,

I have just received your Notice to Keeper ******* for vehicle VRM ******

Ref **************** and any other reference numbers i have not quoted linked to this vehicle.


Notices issued on the ***** August 2020 for alleged breaches in July 2020

You have failed to comply with the requirements of The Independent Parking Committee - Code of Practice which you claim to operate in accordance of. Part C section 5.1 (l)(m)

(l) Be given by; 1) Handing it to the keeper, or 2) Leaving it at his current address, or 3) Sending it by post to his current address.
(m) Be given to be received by the keeper within 14 days beginning the day after the specified period of parking.

You have also 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.

Also i will be contacting IPC to lodge a complaint

Yours Faithfully

*******



Since received a generic reply saying the following:

UK CPM can obtain your details from the DVLA through reasonable cause criteria for pursuing an outstanding parking charge 6 months after the contravention/incident date.

The parking charge notices was issued in a manner on on all occassions whereby the driver became liable for a PCN and therefore the protection of freedom act 2012 is irrelevent and does not apply.

If you was not the driver of the vehicle you should notify us of the drivers name and current address within 28 days from the notice; you can do this via www.cpmappeals.co.uk. However if you was the driver of the vehicle and wish to appeal the parking charge notice you may do so in writing or via www.cpmappeals.co.uk


Have not replied to them and have since now received notices from a company called Debt Recovery Plus and on the latest letter saying 1) I pay in full £160 2) pay in 4 installments 3) charges increase to £235 if you choose not to pay and are unsuccessful.



Starting to sweat and worry a little bit as this will be over a thousand pounds as i have received 5 tickets and this is money i struggle to have due to being off work.


Thanks

[ostell]

So why do people modify the appeals that are on here !!

The IPC Code of Practise is irrelevant, That bit you quoted from the CoP is based on Schedule 4 of the Protection of Freedoms Act 2012. The CoP is guidelines, POFA is the law.

And why are you contacting the IPC to complain? Why should they care.

You can ignore DRP, they are merely debt collectors.

If they are not relying on POFA then they can only claim against the driver of the vehicle.

So get back on to them and ask why, if the are not relying on POFA, are they, and their contractors, continuing to harass the keeper of the vehicle. You demand that they stop this harassment immediately. Remind them that there is no legal requirement to identify the driver.

Here's POFA

[T.Toni]

Thank you Ostell for your reply. Apologies I only modified the appeal as it was similar to my situation as the ticket was not issued within 14 days and i didnt want to take up anyones time and try and nip this in the bud.

I have had a read of POFA link but dont really understand what part would help me in my defense, (apologies for being so blonde) Ive never been good with this legal jargon. Could you please tell me what points are relevant for my defense.

I understand from your reply i ignore DRP as only debt collectors and i need to contact CPM and ask them why are NOT relying on POFA? Also why they and their contractors are continuing to harrass the keeper of the vehicle and i demand they stop this immediately. Reminding them also there is no legal requirement to identify the driver.

Is there any point to mention again that the ticket was issued after 4 weeks of the incident date and was not received till over a month after the incident.

Also does this not make their claim null and void???

Thank you again for taking the time to read and help me make sense of all this and how i should respond.

[ostell]

It does not make the claim null and void.

Read POFA especially paragraph 9 and especially (2) of that for what they have to comply with to transfer liability from the unknown driver to the keeper.

POFA is a legal requirement to hold the keeper liable, Code of Practise is purely a suggested method of working made by their trade association.

At no time give or infer the identity of the driver

If you get no response to your letter then just wait and see what happens and come back if you get a letter before claim

Edit your posts so that the identity of the driver cannot be inferred, use "the driver......" etc, no "I, we, the wife, us"