Hi Guys I need some help with Private parking charge ticket.

I am the registered keeper of the vehicle but was not driving the car and the car was been driven by another family member who does not reside in this country as the live abroad.

I was shocked to get a parking charge notice from CPM letter saying formal demand notice as I have never received any notice or parking charge ticket on the vehicle.

So having done some research, here is what I have noted.

1) According to the formal demand they states that they have issued the PCN to the vehicle because on 27/03/2016 at 23:22 it was parked where the driver became liable for a parking charge. I have checked photographic evidence on their website it shows photos were taken from 23:02 and the last photo was at 23:09 but nothing to show the time 23:22

2) PCN issued on the 1/04/2016 for not displaying a valid permit – Their letter states time issue as 11:19 (Confusing)

3) According to the photos of the signs they have taken they have indicated that they are member of BPA, This is also confirmed on their website but their letter shows that they are a member of IPC. Does this make a difference? I noticed that CPM is under UK Car Park Management Ltd which they are a member of IPC and not BPA .

4) Payment on their website states that ; “Payment Details This Parking Charge Notice is now 26 day(s) OVERDUE. All credit and debit card payments are subject to a £1.50 Processing Fee.” Are they allowed to charges processing fee for debit card.

Can someone please help me to draft a letter for these people. I m stuck and I don’t know what to do…

Hi

Can you confirm the signs are what CPM have given you or whether you took the pictures, While I wait, I will check out CPM

The Sign is what the CPM have provided in the photos the hold on their date base, as I was not the driver, I am not sure what signs are there.

The picture i have posted is directly from CPM website for payment section.

Well, in my opinion, they are stuffed any way they think.

The signage is non compliant as it was taken on the day of the 'offence' (27/03/2016) whereas they have been a member of the IPC since October 1st last year so the signs should have IPC on them.

If you wanted to, you could name the driver as well as they can do nothing to them as they are abroad.

I suggest something like:

Dear Bottombarrel scrapers,

This is the first letter I have received from you. No ticket was placed on the car. I was not the driver at the time and no opportunity has been offered to me to name them.

The signage at the site in question is also non compliant therefore unenforceable and should you even think of going near a court room, I will fully defend and claim my costs from you.

Should any further letters arrive from yourselves or any so called professional debt collection agents, I will bill you at the current LiP rates for my time.

That is what I would do however, you can just as easily ignore them as if this ever got to court, they would lose, purely on the signage.

Thank you very much for your help. just some clarification please.

If I do provide the details of the driver with PO Box address would that be sufficient even if they live abroad.

If they are a memeber of the IPC do the signs have to show IPC on it , hence not compliant. Can they have membership with both IPC and BPA

The signs MUST show the IPC, the BPA or both. As they are members of the IPC, the sign is not compliant as it shows the BPA logo for which they no longer are members of.

After this length of time, naming the driver would have no effect but it would place them in an awkward position if it got to court (which I doubt)

Just to put this in context, CPM have taken 9 cases to court out of over 10,000 tickets issued. That is less than 1 in a thousand and even then, we have no idea if the cases were won or lost.

The only point of writing to them is to show them that you know your rights and as such they may not bother you again. So long as you remember that these charges are not a penalty, you should be fine.

Many Thanks I really appreciate it.

If the driver lives in the EU just let them know the name and address. If not then tell them their signage does not create a contractual obligation ( content is grabage as far as contract goes) and to cease their activity lest it be reported as harassment.

If the driver lives in the EU just let them know the name and address. If not then tell them their signage does not create a contractual obligation ( content is grabage as far as contract goes) and to cease their activity lest it be reported as harassment.

Many thanks. But just out of curiosity if the driver lives outside in EU, does it come back to the keeper or do they still have to go and search for the driver as the PFA 2012

Yes, back to the keeper if protocols followed properly as they cannot serve papers outside EU so can invoke the keeper liability.