DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 35456--------------------------------------------------
CPM notice to hirer - appeal response
DIR By: taffer87
Date: September 3, 2024, 7:39 am
---------------------------------------------------------
Received a notice to hirer from CPM dated 30 July - who sent the
notice to keeper to VWFS on 28 July regarding a parking event on
26 July
They didn't include the required documents as per POFA so I sent
them below appeal on 5 August 2024
Initial appeal submitted online"Dear Sir, I refer to the
above-detailed Parking Charge Notice (PCN) issued to me by you
as a Notice to Hirer. I confirm that as the hirer of this
vehicle, I am its hirer keeper for the purpose of the
corresponding definition under Schedule 4 of the Protection of
Freedoms Act 2012 (�POFA�) and I write to formally challenge
the validity of this PCN. You will no doubt be familiar with the
strict requirements of Schedule 4 of POFA to be followed in
order for a parking operator to be able to invoke keeper
liability for a Parking Charge. There are a number of reasons
why your Notice to Hirer did not comply with POFA; in order that
you may understand why, I suggest that you carefully study the
details of Paragraphs 13 and 14 of Schedule 4 in particular.
Given that UKCPM has forfeited its right to hirer/keeper
liability (by not complying with mandatory requirements of
POFA), please confirm that you shall now cancel this charge.
Alternatively, should you choose to reject my challenge, please
provide me with details of the Independent Appeals Service
(IAS), their contact details and a unique IAS appeal reference
so that I may escalate the matter to IAS. There will be no
admissions as to who was driving and no assumptions can be drawn
as multiple people drive the car and are on the insurance. You
must either offer me a IAS code or cancel the charge. Thank you
for your cooperation and I look forward to receiving your
response within the relevant timescales specified under the
British Parking Association Ltd Code of Practice. Yours
faithfully,"
They replied on 20 August 2024 with below and haven't said
anything since - online the PCN Shows full £100 and says its 4
days past due date. Any advice what I should do? Are they
required to give me IAS code to appeal there or will they just
pass to their normal debt collectors and start the multi-year
process to intimidate? I have not responded to this email from
them, which came from a "no reply" email ID in any case. Was I
supposed to submit same appeal afresh - thought will wait and
receive the IAS code from them - maybe its too soon though
CPM response on 20 August via email"We write to acknowledge
receipt of your recent online appeal against the issuing of a
Parking Charge Notice (PCN) to the vehicle for a breach of the
advertised terms and conditions.
However, we must advise that we are unable to process your
appeal as we cannot verify the information provided.
In order for us to deal with an appeal we require the full and
correct name and serviceable address of the driver of the
vehicle at the time of the contravention.
Please provide this information by 23rd August 2024 via the
appeals contact form at appeals.uk-cpm.com.
If this information is not provided using the correct procedure,
by the specified date, our normal collection process will
continue."
#Post#: 35460--------------------------------------------------
Re: CPM notice to hirer - appeal response
DIR By: Enceladus
Date: September 3, 2024, 8:08 am
---------------------------------------------------------
This concerns a private Parking Charge Notice. It needs to be
moved to the private parking forum.
#Post#: 35461--------------------------------------------------
Re: CPM notice to hirer - appeal response
DIR By: taffer87
Date: September 3, 2024, 8:17 am
---------------------------------------------------------
sorry that's right - can one of the mods please move this.
Apologies for the error.
#Post#: 35472--------------------------------------------------
Re: CPM notice to hirer - appeal response
DIR By: b789
Date: September 3, 2024, 9:02 am
---------------------------------------------------------
You are dealing with ex-clamper thugs and cowboys. CPM were
never going to accept any appeal. No money it for them. You may
want to have a study of the IPC Code of Practice (CoP) to see
what they are required to do with regards to providing you with
an IAS appeal code, for what it's worth (sod all). Had they
proved you with an IAS code, you would have a less than 5%
chance of having it being successful anyway.
You are best to wait and see if/when they are stupid enough to
try and recover their alleged debt in the ultimate dispute
resolution service... the small claims track in the county
court. Their modus operandi is going to be to inundate you with
useless debt collector letters which you must ignore. They are
simply hoping you are low-hanging fruit on the gullible tree and
will capitulate and pay up once they threaten litigation.
Your initial appeal was the correct response and as long as the
driver remains unidentified, they have nowhere to go with this,
especially if it goes to court. There is no legal obligation on
the Hirer to identify the driver. No need to mention other
drivers or insurance. You simply do not ave to identify the
driver, full stop.
Come back if/when you ever get a Letter of Claim (LoC). If you
move home/change address in the next 6 years, inform them of the
change of address. That's it.
#Post#: 37930--------------------------------------------------
Re: CPM notice to hirer - appeal response
DIR By: taffer87
Date: September 23, 2024, 7:05 am
---------------------------------------------------------
sorry just to close this eventually UKCPM refused the email so I
sent the same appeal to IAS (other than minor reference changes
to refer to UKCPM correctly) and UKCPM cancelled the charge two
days after so IAS appeal process halted.
#Post#: 37931--------------------------------------------------
Re: CPM notice to hirer - appeal response
DIR By: DWMB2
Date: September 23, 2024, 7:26 am
---------------------------------------------------------
Well that's a good result, and very unlike CPM ;D You had a
good case, but I'm amazed they didn't palm it off onto debt
collectors to pester you - get yourself a lottery ticket, your
luck's in!
*****************************************************
Page 1 of 1