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#Post#: 28970--------------------------------------------------
CPM Parking Charge Notice on double yellow line for a blue badge
DIR By: disabled78
Date: July 7, 2024, 2:34 pm
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Hi All,
Please refer to the following four links
PCN Front Side
HTML https://drive.google.com/file/d/1j1IbIsPXbFPNOi8K4iNrLP6ye_3BAtMp/view?usp=sharing
PCN Reverse Side
HTML https://drive.google.com/file/d/1jCtoIptlIIIIrAHOZg_ftUHDAaR-KYDs/view?usp=sharing
Signage
HTML https://drive.google.com/file/d/10l5ZlwVS-GvkJMeTm0FhtZnSl1fssCw5/view?usp=sharing
Google map location
HTML https://drive.google.com/file/d/1ouEAr1CJqlLqLyd2pXOlQmSrysTHjmvX/view?usp=sharing
Photographic evidence can be seen using the details on the
Parking Charge Notice.
I was hoping to make an appeal in similar lines
I, the registered keeper of this vehicle XX99YYY, received a
letter dated 02 July 2024 Ref No.99999999, acting as a notice to
the registered keeper.
I contend that, as the keeper, the alleged parking charge is
unenforceable and wish to appeal against it on the following
grounds:
[*] This car is entitled to Blue badge as it was used by Blue
Badge holder with the clock correctly set, when it was parked on
double yellow lines on Rosemont Road, Wembley, England on the
day of the incident.
[*] On the day of the incident at incident location (Rosemont
Road, Wembley, England), there were no kerb blips to alert the
driver to a loading/unloading restriction so the driver had no
reason to check for any other signage. As a result the signage
is not adequate, and it follows that the contravention alleged
did not occur.
[*] Under the Equality Act 2010, Blue Badge holders must be
treated with understanding and can’t be discriminated against.
I would kindly like to point in particular :-
Referring Section 16 of Equality Act 2010 which says you must
make reasonable adjustments for people with disabilities:
16.1 The Equality Act 2010 says that providers of services to
the public must make 'reasonable adjustments' to remove barriers
which may discriminate against disabled people.
Q1. Please help me to make a successful appeal. Please advise
what else I can add/update to the appeal.
Q2. I thought Rosemont Road, Wembley, England is under
jurisdiction of the Local Authority. Even though the Signage
does say 'No parking on roadways / yellow lines at anytime', is
a parking charge still valid on a double yellow line on Rosemont
Road?
Please kindly help/advise.
Thanks and Regards,
#Post#: 29014--------------------------------------------------
Re: CPM Parking Charge Notice on double yellow line for a blue
badge
DIR By: disabled78
Date: July 7, 2024, 7:19 pm
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20 to 39 (inclusive), Wharfeside, Rosemont Road, Wembley
​​​​​​​I have made a
Land Registry search which says it's an administrative area of
Brent.
I have provided Land Registry documents
HTML https://drive.google.com/file/d/1owszlFaHX56zz_AUFWP_Izn00mSgLYsr/view?usp=sharing
#Post#: 29021--------------------------------------------------
Re: CPM Parking Charge Notice on double yellow line for a blue
badge
DIR By: b789
Date: July 7, 2024, 10:01 pm
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Why do you think that the road is not on private property? If it
is private land, the blue badge does not apply. They could paint
whatever colour lines or patterns if they want.
However, you do have a case but I doubt that you would get a
fair hearing unless it went to small claims court. CPM are
ex-clamper thugs and will not accept an appeal.
CPM are members of the IPC and their supposedly “independent”
appeals service, the IAS, are anything but “independent” and a
successful secondary appeal through them is as rare as hens
teeth. You are unlikely to win at any appeal.
Nothing says you shouldn’t try and appeal but experience says
you would have to wait and see if/when they decide to take you
to court over the alleged debt. It’s your time and effort. The
advice on here is free.
The driver could not have entered into a contract with CPM as
the signs are prohibitive. The NtK alleges a breach of contract.
For a contract to have been established between CPM and the
driver, it has to have three things… an “offer”, “acceptance of
the offer” and “consideration”.
No contract can have been formed:
No Offer: There was no valid offer made to form a contract.
Prohibitive signs (e.g., "No Parking") do not constitute an
offer but rather a restriction.
No Acceptance: Without a valid offer, there can be no
acceptance. Parking in a prohibited area cannot be construed as
accepting terms that would form a contract.
No Consideration: For a contract to be valid, there must be
consideration (something of value exchanged between the
parties). In this scenario, there was no exchange of value.
You also state that you did not see or were unaware of any signs
that indicated you were not in a public road, in other words, on
private property.
So, if you want to bother with a futile appeal (others will
disagree with my approach) you need to appeal on the following
grounds:
No Contract Formation:
Argue that no valid contract was formed because there was no
legitimate offer of anything. The signage was prohibitive rather
than offering terms that could be accepted for consideration.
Signage Clarity and Legitimacy:
Question the clarity and prominence of the signage. If the signs
were not clearly visible or understandable, the driver could not
be reasonably expected to have seen and accepted the terms even
if they were valid.
Whatever you decide to do as far as appeals are concerned, the
outcome is most likely to be rejection which leads to the
ultimate option, wait and see whether they decide to take you to
court for the alleged debt. Before that can happen, they would
get their debt collectors to send you scary but useless letters
which can be safely ignored. Debt collector letters are designed
to get the low-hanging fruit on the gullible tree to poop their
pants and pay the, by then, inflated charge with added fake
damages.
Eventually, they would have to decide whether they can be
bothered to issue a county court claim in the small claims
track. Often they won’t bother if you’ve not succumbed to their
debt collector threats. Even if they do serve a county court
claim, they are likely to discontinue if it is defended robustly
using the template defence.
If it ever actually got in front of a judge, you would have very
good probability of winning. Even if you were one of the less
than 1% who lost, you would pay less than the original claim and
are in no danger of getting a CCJ if it is paid in full within
30 days of judgment. That is a worst case scenario.
At the end of the day, it is your money and decision. How
aggrieved do you feel about a firm of ex-clamper thugs operating
an unregulated private parking company who have sent you a
speculative invoice for an alleged breach of contract by the
driver where no contract can have existed?
#Post#: 29134--------------------------------------------------
Re: CPM Parking Charge Notice on double yellow line for a blue
badge
DIR By: disabled78
Date: July 8, 2024, 1:11 pm
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Thanks for that.
Any more information to add on Appeal from anybody else?
Best Regards,
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