CPS ANPR PCN - overstay - Spring St, Hull HU2 8RA ***Cancelled***

[miley_b ob]

My Brother has received a parking charge notice from CPS (Complete Parking Services), for an overstay. Details etc below.

 

1 Date of the infringement 2/11/2019

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 18/11/2019 (Letter says that it is considered served 2 days after this date)

 

3 Date received 20/11/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO

 

5 Is there any photographic evidence of the event? None provided or offered

 

6 Have you appealed? [Y/N?] post up your appeal] No

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? Complete Parking Services

 

8. Where exactly [carpark name and town] Spring Street, Hull, HU2 8RA

 

For either option, does it say which appeals body they operate under.

 

There are two official bodies, the BPA and the IAS. If you are unsure, IAS

please check HERE

 

He was about to pay the charge until I enlightened him to the fact that its a speculative invoice and not a fine as he thought.

 

I have explained to him about the parking cowboys.

I have explained that as the letter arrived (and was posted more than 14 days after the incident, that POFA does not apply and that they cannot go after the registered keeper and only the driver (is this still correct?).

 

 I have told him to never mention who the driver is.

 

How do I got about appealing this charge for him.

 

Any help would be greatly appreciated.

PCN.pdf

[miley_b ob]

I thought the advice was not to ignore, or is that only when they fall within the timeframe for POFA?

 

They haven't offered any pictures. Does that make any difference?

[miley_b ob]

Ok, I will advise him to ignore it for now.

What sort of evidence do we need to gather?

Will they be able to identify the driver via their photo's as he is panicking that they will.

How likely is it that they will issue the letter of claim?

Does anybody know if this company have a track record for this?

[miley_b ob]

Thanks for the detailed reply.

I live near the car park, so will pop over there in the next few days to get some pictures.

Up until about 18 months ago the car park was used as a yard for a business.

 

I have searched the Hull City Council's website regarding planning applications for this site and can find no change of use application to change it to a public car park, or applications etc to erect signage and pay/display machines etc.

 

I have advised my brother to ignore any letters other than a letter before claim, but to keep them and scan copies so he has a record of everything if needed.

 

For those interested, this is the car park.

https://www.google.com/maps/@53.7469253,-0.3493335,3a,75y,122.64h,76.68t/data=!3m6!1e1!3m4!1syY4J4MrLWQVsYrGUmaPuLw!2e0!7i13312!8i6656

[miley_b ob]

I popped over to the car park this morning and took the pictures in the attached PDF. The terms and conditions they lay down seem very vague and make no mention of keeper liability or Overstaying.

1-merged (1).pdf

[miley_b ob]

My brother received a 2nd letter (see attachment) today regarding the PCN. This time the letter is from Ultimate Customer Solutions who appear to be a debt collecting agency and the fee has gone up to £160, presumably to pay for their unicorn food. I have advised him to ignore the letter again, but keep it for reference. I have also advised him under POFA they cannot add anything extra onto the original charge. Is this correct?

2nd letter.pdf

[miley_b ob]

My brother received the attached letter on Saturday. I have told him that its just the next stage of the threatening letters and that its nothing to be worried about.

Am I right in thinking that this is just another attempt at them to send a scary letter rather than a proper Letter Before Action.

 

If they are stupid enough to issue a LBA or even a claim, I have done some research and can find no evidence of any planning permission for the land to even be a car park, let alone have any signage or pay machines etc.

 

There is no keeper liability as the NTK doesnt comply with POFA and my brother will not be naming the driver for them. They have also failed to provide any pictures of the alleged overstay from their ANPR system in their NTK and are using a PO Box adress in their NTK.

 

I have been and photographed the signage which is terrible and doesn't mention anything about overstaying etc. The signage on the entrance to the car park is pretty vague as well. 

 

There are actually 3 car parks on Spring Street in Hull all next to each other, and nowhere on this car park is there any sign giving its name etc.

 

Is there anything else we should be doing to prepare for in case they are stupid enough to issue a LBA or a claim?

CSB letter.pdf

[miley_b ob]

My brother has had a three more threatening letters. However this time from another Debt collection mob. The tone of these latest 3 (2 of which are identical and arrived on the same day) is even more threatening. I have told him to keep ignoring until he recieves a Letter before action or letter of claim.

Letter (2 of 2).pdfLetter (1 of 2).pdf

Edited April 8, 2020 by miley_b ob

[miley_b ob]

Thanks for the replies. I thought the 2nd letter looked a wrong and like they were over hyping their imaginary powers. 

[miley_b ob]

I will ask.my brother. Normally I would go round an look at the letter, but obviously that's out of the question at the moment.

[miley_b ob]

Honeybee thanks for re-opening the thread.

 

On Friday my brother received another begging letter from these clowns. Though this one seemed a bit different. What do you all make of this one? I have advised him to carry on ignoring utile he receives a letter before claim.

 

 

08 dec (1).pdf

[miley_b ob]

Today saw the arrival of the latest begging letter (PDF Attached). The tone is the usual threatening stuff, but again not a Letter Before Claim. More worryingly though he is now receiving text messages from Credit Investigation Services about this. We have no idea how they have his phone number as he has ignored all communications with regards to this parking charge. 

 

Is there any advice on how to get them to stop texting/calling him?

December 24th letter.pdf

[miley_b ob]

Well the text messages seem to have stopped, but the threatogram letters are becoming almost weekly now. Here is the latest one from them. I see it is disguised to look like a PAPLOC, but isn't as its just them reccomending legal action again.

Its almost at the stage where I want a proper letter before claim, so that I can send a snooty letter to them.

02 Jan 2021.pdf

[miley_b ob]

The latest begging letter arrived yesterday. They have kindly given my brother another 72hours to pay. Sadly for them, its just another 72 hours he gets to keep laughing at them. 

11th Jan 2021.pdf

[miley_b ob]

No that was all he got. The back page was blank.

[miley_b ob]

Well it looks like these clowns are wanting to escalate matters. The latest letter arrvied in the post today. This time it was a PAPLOC. I guess that its time to start putting together a suitbale snotty letter response to them.

 

Do I need to send the letter to both the Parking Coand the muppets they now have representing them?

 

 

PAPLOC.pdf

[miley_b ob]

Thanks for the quick responses to my post last night. I will draft a snotty letter and get it posted up here later today.

With regards to the PAPLOC, it was just a one page letter, nothing on the back and no stupid forms to complete etc.

 

The supposed overstay breach of terms is a mystery. At no point have they even said how long the overstay was. I find that funny given the IPA? guidelines saying there must be a minimum 10minutes grace period.

 

The signage in the car park is very confusing and pitifully inadequate. If they are dumb enough to go all the way to court, it will give us plenty to put in our WS.

[miley_b ob]

What do you think to this as reply to their letter before claim

 

Dear Complete Parking Services (CPSUK) Limited

 

I write in response to your so-called Letter Before Claim, which I have received in relation to PCN Number: ?????, issued by yourselves for an alleged parking breach.

 

I am writing to notify you that I have no intention of paying these ridiculous and made-up sums of money, for allegedly breaking some imaginary contract with yourselves.

 

As I was not the driver at the time of the alleged parking incident, you have no grounds to claim anything from me. Surely for a company claiming to manage car parks you should be aware of a little thing called the Protection of Freedoms Act 2012. and in particular Schedule 4 of said act. If you are not, I suggest that you go should join the millions of kids around the country who are currently home schooling, by doing a little reading.  

 

You have also scored a big own goal by adding a £60 admin fee. Presumably, this admin fee is some sort of unicorn food tax. I suggest that you look at DDJ Harvey’s judgement at Lewes County Court on 05/02/2020 (Claim number F0HM9E9Z). He was not very happy with these made-up amounts, was he?

 

You can either drop this foolishness now or get a good spanking in court. The choice is yours. I quite fancy taking the kids to Disneyland once this Covid stuff is finally over and it would only be sweeter if you were helping to finance it. After all should you proceed with this ridiculous claim I will be seeking an unreasonable costs order under CPR.27.14, as well as damages for a breach of GDPR as you accessed my information from the DVLA without any reasonable cause.

[miley_b ob]

Looking at companies house they are a local company to here. Heck I drive past the directors house daily on my drive to work. Interestingly they have an address in London as their business address. That is a shame as if the address was the local one, I would have been tempted to hand deliver a letter as well as post one with a free proof of posting.

[miley_b ob]

Snotty letter went off this morning with a free proof of posting. Hopefully it has the desired effect.

[miley_b ob]

Over the last few days I have done some research and found that there are actually 2 companies at play here. The paperwork states Complete Parking Service (CPSUK) Limited sometimes and Complete Parking Services at others. I have checked with companies house and these are seperate companies with different company registration numbers. If they were stupid enough to go to court would this help as its unclear which of the 2 companies should actually be claiming.

 

I have also had a closer look at the pictures of the signs in the car park and notice that the T&C's have had a sticker over them at some stage to replace the original supposed Terms. Likewise the company details for (CPS UK) Limited seem to have been stuck on after the original signs were in place. 

[miley_b ob]

Well after almost 2 months the snotty letter has landed back on my brothers doormat, with a Royal Mail notice of return to sender Addressee not known at this address.

 

We sent the letter to the address on their letters and this matches the address they have registered with companies house. I have since found another address for them, which they are claiming is their correct one. Do I re-send the snotty letter to this new address or is it too late now?

[miley_b ob]

An enquiry was emailed to them from a friends, works email asking for a postal address. I think they thought they had hooked another car park to con people in, so they replied pretty quickly with an address in Hull, as opposed to the London one that has appeared in their letters and at companies house.

[miley_b ob]

The original snotty letter was sent to the London address as that was the one in all of their letters and Companies House. The other address has only come to light this weekend after enquiries following the return of the snotty letter.

[miley_b ob]

Just an update to say that the Snotty letter was sent to the new address and so far it has been met with a deafening silence. Hopefully these clowns get the message and crawl back under their rock.