CPM ANPR PCN - overstay - - Shirley Retail Park Southampton

[Incontro]

As per the title.

 

Second time posting on this site, dx100uk and others were a great help for my previous PCN, which I won with their support, and ended up donating to the site. (OK, I didn't technically 'win' by the case disappeared in the courts system due to covid in March 2020, after I prepared everything for the hearing).

 

This new PCN relates to an overstay in a retail park car park (claimed total stay time > 180 mins), which has a few shops and a gym. I was attending the gym at the time, I am the RK of the vehicle. PCN was received within 14 days of alleged contravention.

 

The gym is a large national chain, barely has anyone you can actually speak to via phone, their online CS said they don't own the car park at that site and told me to take up with car park operator directly and they can only provide proof of gym attendance.

 

Options:

1) Appeal to CPM using their process, stating I was a legitimate user of the gym, try to obtain evidence of my visit as such, plus provide medical proof that shows I have a condition that results in excessive fatigue (as such my gym workouts are usually long)

2) Write back to CPM, stating someone else (person B) was driving vehicle on date, and pass on blame/civil liability to person B. Person B is happy to take the blame, but has insisted they won't pay either. They don't even mind a potential CCJ. Will this result in keeper liability and it returning to me if person B won't settle the claim?

3) Appeal to CPM that I was using the gym (plus provide medical proof), but stating I am not prepared to reveal identity of driver, and this may be revealed at a later date? Basically to exhaust the option of appeals on the grounds of being a legitimate user of the gym first, then if that doesn't work, use the option of deferring blame to 3rd party driver.

 

I'd really rather not pursue this all the way to court this time, not worth my time, and don't have the time anyway between work and other responsibilities. But neither do I want to pay these bunch of cowboys. Hence why I came up with these options above.

 

I am leaning towards option 3, I just want the view from some experts on here before I go ahead with it.

 

Cheers and & happy driving/parking.

 

 

 

 

Edited January 24, 2022 by Incontro

[dx100uk]

None of 1-3..where'd you get those from?

 

and you dont nor can instigate court...

 

can you do our have you a parking ticket sticky questions please.

 

Dx

[Incontro]

Hiya,

 

1 Date of the infringement 09/01
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 14/01

 

3 Date received 19/01
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO, interestingly not
 

5 Is there any photographic evidence of the event? Yes
 

6 Have you appealed? [Y/N?] No. (IAS is appeals body)
 

7 Who is the parking company? Countrywide Parking Management

 

8. Where exactly [carpark name and town] Shirley Retail Park (Southampton)

 

Will post NTK shortly.

 

ntk-redacted.pdf

[dx100uk]

put the timings back in the pixs please no need to hide any dates nor times

 

 

dx

 

[Incontro]

Entry: 09/01 @ 15:05:57

Exit: 09/01 @ 18:21:12

Duration 195 Mins

 

That's what the NTK doco says.

[FTMDave]

If you appeal, even with proof you sold the car 10 years ago and were in prison in Australia at the time of the incident, CPM will find a way to reject it.  That's what the private parking companies do.

 

It depends on whether you want to fight it yourself or pass it on to your mate to fight.  Once it's been passed to your friend you would be completely out of the loop.

[Incontro]

Thanks FTMDave. You're probably right.

 

I've spoken to the gym manager who has agreed to contact them but the manager said it's very unlikely they will agree to overturn it. In any case it was worth a try.

 

My other options are - and I will decide based on how things play out and depending on my mood at the time:

 

1) Fight it in court (I've since taken pictures of the signage, of which there are flaws, which can be illustrated at an eventual court hearing). Interestingly the NTK doesn't mention POFA, which makes me wonder if it applies on this particular plot of land, or what other reasons there could be for not mentioning this, and whether this has any legal consequences for CPM.

 

2) Assign liability to the 3rd party driver, and let CPM chase them, and wash my hands clean.

 

3) I am moving overseas, so may just completely ignore if they continue to hound me, even if they serve an LBA?

 

It sucks because we were genuine users of the car park, and paying members of the gym, so using it for it's intended purpose, the overstay was an honest oversight due to a medical condition,

 

60 GBP is not a proportional fine (I'm sure many would disagree with the Beavis ruling) for these fleecers to take from us, I would rather donate it to charity (and have offered as such).

Edited January 26, 2022 by dx100uk
added A few blank lines only..dx

[dx100uk]

It is not a FINE!!

 

And that gym manager wants shooting, if their head office signed an agreement uk wide to manage their car parks he CAN tell them to cancel any speculative invoice!!

 

Dx

[lookinforinfo]

If you were genuinely not the driver you do have a way out. Their PCN is not PoFA compliant so  liability cannot be transferred from the driver to you the keeper. All you have to do is avoid naming the driver.