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#Post#: 29445--------------------------------------------------
CPM - Soho Wharf, Birmingham - Unauthorised Parking
DIR By: twigtwig
Date: July 10, 2024, 4:52 pm
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Hi, writing to ask for some advice. The driver went to a flat
viewing in Birmingham. The driver asked the agent if there was
parking available, they said yes, and to park in the space in
the car park. They did not mention needing to register for a
space / ANPR system etc.
A few days later, the following Parking Charge Notice was
recieved.
I'm afraid we don't have any photographs of the signage at
present.
Wondering, if you could advise if there are any grounds for
appeal etc.
Ticket attached (front and back) below.
Best wishes.
#Post#: 29456--------------------------------------------------
Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
DIR By: b789
Date: July 10, 2024, 8:56 pm
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The images are not redacted enough. We know your name, the VRM,
the PCN number. There’s more than enough information for anyone
to log into the CPMUK appeals site and mess up any chance you
have to appeal.
Having used your data to log in, I can see that there are no
other evidential photos besides what is shown in the NtK.
There are always grounds to appeal but we would need to know
what authority the agent had to tell you to park where you did.
We would need to know whether the signs were compliant with the
IPC or the new Joint Code of Practice. Were the signs even
noticed by the driver? If not, why not?
#Post#: 29473--------------------------------------------------
Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
DIR By: twigtwig
Date: July 11, 2024, 4:46 am
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Hello,
My apologies, and thank you for pointing out regarding the level
of redaction. I have now further redcated the letter, and
re-attached it here. Thank you.
FRONT:
HTML https://www.dropbox.com/scl/fi/a7omz7fc433k6psdkpq11/Parking-Charge-Notice-Front-Redacted.pdf?rlkey=i1f0sdpkuj77951cas8r7dgkf&dl=0
REAR:
HTML https://www.dropbox.com/scl/fi/3sacu6qar13rerkcpbg77/Parking-Charge-Notice-Rear-Redacted.jpg.pdf?rlkey=h7dqear076reue1nbh3drogfr&dl=0
I am not sure what authority the agent had, bar that they were
arranging the viewing and we took them on their word that
parking in the car park was allowed. With regards to the signs,
I will find out what if any were seen on entry, however I
beleive the driver did not notice them given that they had been
told that parking was permitted. Thank you.
#Post#: 29628--------------------------------------------------
Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
DIR By: twigtwig
Date: July 12, 2024, 7:00 am
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Hi all, I note that the last day for a reply / appeal is today -
12th July. Any thought / input would be greatfully recieved.
Best.
#Post#: 29630--------------------------------------------------
Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
DIR By: b789
Date: July 12, 2024, 7:27 am
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I think your last day to appeal an IPC operator NtK is 21 days
after the issue date. Your last day was 9th July. Meh! No
biggie. Whatever you wrote in your appeal would have been
rejected anyway.
Now they will say you are too late to appeal to the IAS. Meh! No
biggie either as they would almost certainly have rejected an
appeal too.
Then again, both the BPA and the IPC have now issued a joint
Code of Practice (CoP) which, according to their blurb, is now
effective and CPMUK have managed to breach section 8.1,2(e)
which states:
[indent]The parking operator must ensure that a notice informs
the recipient that if the recipient appeals within 28 days of
receiving the parking charge, the right to pay at the rate
applicable when the appeal was made must stand for a further 14
days from the date (subject to 8.1.2d) they receive notification
that their appeal has been rejected.[/indent]
The intellectually malnourished ex-clamper thugs at CPMUK have
only given the keeper 21 days to appeal.
Again, at 8.4.1(a) which states:
[indent]Parking operators must provide a process for motorists
to appeal against a Parking Charge (including unpaid parking
tariff) in accordance with Annex C, which allows that the
parking charge may be appealed within 28 days.[/indent]
So, you can try a futile appeal to CPMUK and see what their
response is. If they reject it because it is not within 21 days
of the issue of the PCN then you can complain to their ATA, the
IPC that they have breached the new CoP. Then again, the IPC is
not likely to do anything as the are only looking out for their
own members interests. You would, however, have some evidence to
use in court should they be so stupid ast to take it that far
that they have not abided by their own AOS which, whilst not
regulatory, is a requirement for them to do so if they wish to
be able to obtain keeper data in the first place.
Just do a generic, one size fits all, appeal from the keeper
only with the following:
[indent]Re PCN number:
I dispute your 'parking charge', as the keeper of the vehicle. I
deny any liability or contractual agreement and I will be making
a complaint about your predatory conduct to your client
landowner.
There will be no admissions as to who was driving and no
assumptions can be drawn. Since your PCN is a vague template, I
require an explanation of the allegation and your evidence. You
must include a close up actual photograph of the sign you
contend was at the location on the material date as well as your
images of the vehicle.
If the allegation concerns a payment machine or app, the data
supplied in response to this appeal must include the record of
payments made - showing partial VRNs - and an explanation of the
reason for the PCN, because your Notice does not explain it.
If the allegation involves an alleged overstay of minutes, your
evidence must include the actual grace period agreed by the
landowner.[/indent]
Show us any response when you receive it.
#Post#: 29641--------------------------------------------------
Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
DIR By: twigtwig
Date: July 12, 2024, 8:59 am
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Sent, will provide updates as and when received. Many thanks for
the advice.
#Post#: 30297--------------------------------------------------
Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
DIR By: twigtwig
Date: July 18, 2024, 5:21 pm
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Hello all, the following reply has been received.
--- Quote ---
> PCN REFERENCE NUMBER:
> DATE OF PARKING EVENT: 13th June 2024
> PAYMENT DUE DATE: 1st August 2024
> TOTAL AMOUNT DUE: £100.00
> Dear xxx
> Thank you for your appeal against the above Parking Charge
Notice.
>
> At UK CPM we consider all appeals on a case-by-case basis. We
take each appeal very seriously and thoroughly investigate any
evidence that has been provided. We appreciate your
circumstances and understand this is not a situation anyone
would like to find themselves in; however, these parking
conditions have been put in place to ensure fair usage for all
motorists and support the needs of our client. After careful
consideration, it is unfortunate that I am writing to you today
to advise that on this occasion, your appeal has been
unsuccessful.
>
> The decision to uphold your parking charge notice has been
made on the following basis.
>
> Whilst we note your comments and reason for appeal, we can
confirm that your vehicle was not authorised to be on site for
the duration of 34 minutes. Therefore, as your vehicle was
parked in contravention of the terms and conditions as
advertised on the signage displayed on site, this PCN has been
issued to you correctly.
>
> You have now reached the end of our internal appeals procedure
and therefore you now have two options; either pay or appeal to
the Independent Appeals Service (IAS) - you cannot do both.
>
> To make payment of the total amount due as shown above, please
use one of the following payment options;
>
> Online: www.paymyticket.co.uk
> Telephone: 0345 463 4040 (24hr)
> Post: Payments & Collections, PO Box 3114, Lancing, BN15 5BR
>
> Alternatively, if you do not agree with your internal appeal
outcome and you wish to dispute the matter further, as you have
complied with our internal appeals procedure you may use, and we
will engage with, the IAS Standard Appeals Service providing you
lodge an appeal to them within 21 days of this rejection.
>
> The Independent Appeals Service (www.theIAS.org) provides an
Alternative Dispute Resolution scheme for disputes of this type.
If you decide to appeal to the IAS, you will need to visit their
website and use your PCN reference and corresponding vehicle
registration. All PCN's will be uploaded to the IAS website by
the end of this working day.
>
> If you appeal this charge further then you will lose the
ability to pay at the reduced rate (if applicable). In the event
that your IAS appeal is unsuccessful, the full amount for the
PCN will then be payable. If you lodge an appeal with the IAS
and then subsequently pay the charge prior to that appeal being
determined, then the appeal will be withdrawn, and you will not
be given a further opportunity to contest the charge.
>
> If you do not wish to dispute the matter further and payment
is not received within 28 days of the date of this
correspondence then additional charges may be incurred, for
which you may be liable. If the charge continues to remain
outstanding, the matter may be later referred for litigation in
the County Court which could result in a County Court Judgment
being made against you; this may impact on your ability to
obtain credit in the future.
--- End Quote ---
I was thinking of replying with the following.
Thank you for the reply. However, I wish to further dispute this
matter. Your email footer and website both suggest that you are
an accredited International Parking Community (IPC) operator.
However, as I am sure you are aware, both the BPA and the IPC
have now issued a joint Code of Practice (CoP) which, according
to their blurb, is now effective and you have managed to breach
section 8.1,2(e) which states:
The parking operator must ensure that a notice informs the
recipient that if the recipient appeals within 28 days of
receiving the parking charge, the right to pay at the rate
applicable when the appeal was made must stand for a further 14
days from the date (subject to 8.1.2d) they receive notification
that their appeal has been rejected.
Again, at 8.4.1(a) which states:
Parking operators must provide a process for motorists to appeal
against a Parking Charge (including unpaid parking tariff) in
accordance with Annex C, which allows that the parking charge
may be appealed within 28 days.
In both cases, you have only given the keeper 21 days to appeal.
If this appeal is not upheld, then I intend to take this further
with the International Parking Community.
____
Any thoughts / other avenues greatfully recieved. I have tried
to speak with the landowner, but as of yet had no luck.
#Post#: 30298--------------------------------------------------
Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
DIR By: DWMB2
Date: July 18, 2024, 5:34 pm
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Nothing lost by complaining, but I doubt it will achieve much.
They'll probably point to the fact that the notice was issued on
18th of June, before the new Code of Practice was launched, and
that they can't be expected to follow rules that were not
published, let alone in force, at the time of issuing the
notice. They also seem to have accepted (as in responded to, not
upheld) an appeal outside of the 21 days stated on the notice.
#Post#: 30302--------------------------------------------------
Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
DIR By: b789
Date: July 18, 2024, 6:18 pm
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You don’t respond to a rejected appeal from the operator. We
knew all along that if they accepted your appeal at all, they
would reject it anyway. Tilting at windmills is not the answer.
#Post#: 34019--------------------------------------------------
Re: CPM - Soho Wharf, Birmingham - Unauthorised Parking
DIR By: twigtwig
Date: August 21, 2024, 6:10 am
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The landowner emailed today to confirm cancellation of the
charge.
Thanks all for the advice.
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