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Cpm windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth

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Hi All,

Need a little advice as to where i stand and how to proceed.

 

Myself and my partner moved into a new flat in July 2018 where the car park is managed by these clowns.

We are one of about 10 who are fortunate enough to have a very big parking space where two cars can be parked back to back.

We questioned this in the viewing and was told this was acceptable.

 

The issues with countrywide parking started about a month after we moved in where we got a ticket on one of our cars for being parked incorrectly.

This was appealed and of course, lost.

It was then appealed to IAS and of course, lost.

Since then we have taken the advice on here and i'm hoping that the letter received yesterday from BW legal titled Letter before claim is now the last from these cowboys

 

The main issue i have is that since then, we have received multiple tickets on our vehicles (about 5 i believe) for the reason of "double parking".

Thankfully, i have a copy of a letter from these cowboys that was sent to all residents before we moved in specifically highlighting that double parking was allowed in these spaces.

This was thrown back at them during one of the appeals and yesterday we have received the appeal rejection saying that the block management have changed their mind, only single vehicles can now park in these spaces and that my appeal has been rejected on this matter (first i knew of this change of ruling).

 

Firstly, where do i stand with appealing these and going forwards?

One of the main reasons we moved in here was because it had the benefit of space to park two vehicles.

There is no road parking around here that isn't charged so thats not really an option.

 

I don't want to keep getting these PCNs.

i know that CPM have never taken someone to court but i do not want to end up in a situation where they take us to court to make an example seeing as we will probably have a substantial amount of these by the time our lease is up!

 

As expected, the appeal responses from them are pathetic, don't actually address the points i'm making and are going against their own signage and terms but i'm now starting to use a substantial amount of time dealing with these and whilst i'm taking great pleasure in wasting their time and money, id rather not have to!

Edited by dx100uk
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https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

for the one you have the LOC for please

 

and scan up the NTK and your appeal.

 

they cant overrule supremacy of contract you have either.

 

theres a snotty letter in a thread here today you can send BW

just look in the threads below yours


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Firstly, don't appeal any more, as you can see it's a waste of time, and can even be counterproductive in that you could end up naming yourself as the driver, or by accepting their get-rich-quick scheme procedures as legit they can feel encouraged to go after your thinking you'll cough up.

 

The experts here normally advise replying to a proper letter before claim as it can be the start of legal proceedings. Can you scan & upload it (obviously after removing your personal details)?

 

However, don't worry, if they were stupid enough to take you to court they would get a good kicking off you & the judge, you probably have supremacy of contract and you certainly have a written agreement from them for double parking!

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Thanks for your help

Below is the letter of claim. Unfortunately we do not have the NTK anymore

 

1 The date of infringement? 12/07/18

 

2 Have you yet appealed to the parking company yet? [Y/N?] Yes

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. Yes - https://www.dropbox.com/s/vuvha294jl2bb36/Appeal.pdf?dl=0

 

has there been a response?

please post it up as well, suitably redacted. - https://www.dropbox.com/s/vuvha294jl2bb36/Appeal.pdf?dl=0

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it - Unsure, NTK now missing

Did the NTK provide photographic evidence? - yes

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] - Unsure

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances] - Yes, referred to IAS who also rejected the appeal

 

5 Who is the parking company? - Countrywide Parking Management

 

6. where exactly [Carpark name and town] did you park? - (residential car park) The citrus Building, Maderia road, Bournemouth

......................... ….

Appeal.pdf

 

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As it's a proper letter of claim you need to reply to BW Legal. Just give them a load of abuse and mention you have both supremacy of contract and written agreement from their clients to park as you did, but if they want a good kicking in court then, hey, bring it on.

 

Copy your letter to CPM too - I'm sure BW Legal would love court action even though their clients would lose, it'd be extra dosh for them.

 

CPM seem particularly nasty pieces of work, being abusive about you during the appeals procedure and calling you pathetic - time to send them scurrying back under their stone with their underpants soiled.

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I will openly admit here i'm useless at writing these sorts of things so please do pick holes. Also, can i email this or does it have to be sent by post?

 

 

BW Legal

Reference: PCN/XXXXXXXX

 

Dear Sirs,

Thank you for your letter of claim dated 19th December 2018 regarding being “parked outside of marked bay”. It certainly gave us something to laugh about!

 

I am writing to inform you that I have no intention whatsoever in paying your fictitious invoice and I welcome seeing yourselves and Simon in court.

 

I’m sure you are aware that your initial legal costs aren’t worth the paper they are written on and to date, you have still failed to create liability.

 

I hope this will be the last waste of paper I see from yourselves however, if not I am more than happy to defend this matter in court. I would also like to make you aware that I intend on raising a counterclaim should this reach court for damages.

 

Kindest Regards,

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Looks good to me! How about adding after your second paragraph "If you had been arsed to do the tiniest bit of due diligence, you would have seen that not only does the driver enjoy supremacy of contract but to put the icing on the cake has a written agreement from your clients to park as they did". And right at the end "Obviously I will request full costs due to unreasonable behaviour (Civil Procedure Rule 27.14(2)(g))".

 

And copy the letter to CPM.

 

Don't use e-mail, use snail mail and get a free certificate of posting at the post office.

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BW Legal

Reference: PCN/XXXXXXXX

 

Dear Sirs,

Thank you for your letter of claimicon dated 19th December 2018 regarding being “parked outside of marked bay”. It certainly gave us something to laugh about!

 

I am writing to inform you that I have no intention whatsoever in paying your fictitious invoice and I welcome seeing yourselves and Simon in court.

 

I’m sure you are aware that your initial legal costs aren’t worth the paper they are written on and to date, you have still failed to create liability.

 

I hope this will be the last waste of paper I see from yourselves however, if not I am more than happy to defend this matter in court. I would also like to make you aware that I intend on raising a counterclaim should this reach court for damages.

 

If you had been bothered to do the tiniest bit of due diligence, you would have seen that not only does the driver enjoy supremacy of contract but to put the icing on the cake has a written agreement from your clients to park as they did". And right at the end "Obviously I will request full costs due to unreasonable behaviour (Civil Procedure Rule 27.14(2)(g))

 

 

Done, Will be sent! Thanks for your help

 

Following on from my recent thread about being bombarded with PCNs from CPM in my own parking space (thought it would be best to start a new thread), i wanted some advice on 2 tickets that i have had to appeal...or at least tried to

 

On their website and the windscreen PCN, they offer two ways of appealing a parking ticket

Online using their portal and by post.

 

The IPC code of practice clearly states that "You must not require the motorist or keeper to submit a stamped-addressedenvelope as a pre-requisite for an appeal.".

They also state on their website that any appeals by email will not be accepted under any circumstance.

Therefore this has forced me to appeal in only one way, by post which is clearly not free.

I have emailed them with an appeal which i know will be ignored but where do i go from here?

 

I have evidence of their website not accepting the appeal and whilst id like to make things as difficult as possible for them, i feel a complaint to the IPC would be absolutely pointless?

Edited by dx100uk
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Why do you want to appeal? It will.be completely pointless and total waste of effort.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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More than anything, i want to have them contacting me. The vehicle is leased.

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There are bits in that which need to be removed. I'm sure you're on top of it, but thought I'd mention it anyway :-)

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Could you give me some idea as to what needs removing? I’d appreciate any comments.

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If it's leased then the company who owns the car needs to nam you as the driver. But then you lose pofa protection.

 

What does your contract say about private car park charges.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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How long has that been the case?

when I worked for my old company and I have a parking charge, I would directly identify myself to the parking firm as being in charge of the vehicle st the time and they were quite happy to deal with me.

 

My reasoning behind that is that most lease company charge a fee to deal with parking tickets.

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I've merged the threads

better to keep them all under one.

 

you don't need to appeal anything.

 

just send the BW legal letter by ROYAL MAIL.

 

let the rest run.

 

a lease company should not be blindly paying a speculative invoice

it not in the contract you signed up too.

 

dx

 

 

dx


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Do I send them a letter then stating I am responsible for the vehicle and that all correspondence should come via me?

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send who?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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This is why I started a second thread. I fear it may get a little confusing now

 

With regards to the two tickets that I have just received but can’t appeal due to their website not working, do I just write to them and tell them I was in charge of the vehicle and to send all corresponding to me? It’s a lease vehicle.

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Could you give me some idea as to what needs removing? I’d appreciate any comments.

 

See bits marked as red below.

 

Dear Sirs,

Thank you for your letter of claimicon dated 19th December 2018 regarding being “parked outside of marked bay”. It certainly gave us something to laugh about!

 

I am writing to inform you that I have no intention whatsoever in paying your fictitious invoice and I welcome seeing yourselves and Simon in court.

 

I’m sure you are aware that your initial legal costs aren’t worth the paper they are written on and to date, you have still failed to create liability.

 

I hope this will be the last waste of paper I see from yourselves however, if not I am more than happy to defend this matter in court. I would also like to make you aware that I intend on raising a counterclaim should this reach court for damages.

 

If you had been bothered to do the tiniest bit of due diligence, you would have seen that not only does the driver enjoy supremacy of contract but to put the icing on the cake has a written agreement from your clients to park as they did". And right at the end "Obviously I will request full costs due to unreasonable behaviour (Civil Procedureicon Rule 27.14(2)(g))

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Thanks, guess my proof reading isn’t exactly that good this evening!

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DO NOT send the PPC a letter saying you were the driver. You lose your pofa protection and make it stupidly easy for them to get money from you.

 

You may think youre doing the right thing, but youre not.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Surely it depends on my wording?

I was not going to expose myself as the driver as that would be silly but surely if I was the hirer of the vehicle from the lease company then I could ask them to contact me based on that?

That was the vibe I got from reading parking cowboys

 

Alternatively, their office is about 100yds from my house so I could just pop down there to give them the letter by hand :)

Edited by dx100uk
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Another little bit of red

(Civil Procedureicon Rule 27.14(2)(g))

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if you copy and paste from the forum the black links add ICON to each of them

 

as for all the tickets.

are they for the same car in the same car park as the one with the PAP letter of claim?

if so why involve the lease company when the PAP etc all came straight to you?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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They aren’t. They are all for one vehicle with exception of two which are on a leased car

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