CP Plus private parking and Trethowans

[halfpint_fighter]

I have read loads of other posts and am not sure what to do.

I have a company car so the vehicle is registered to the company not me.
I went into the clacket lane services M25 which is controlled by CP Plus.

My wife was desperate for the loo so i pulled into the empty coach park which has the door closest to the toilets. While i was waiting in the car the attendant came over and told me I shouldn't be in the coach park ( i explained that i was waiting for my wife) but he didn't tell me to move or issue me with a charge notice.

A month later a letter from Trethowans solicitors, acting on behalf of CP Plus arrived at my office.
It seems to have the usual demands and threat of court action.

I have emailed Trethowans and explained what happened (now i realise that was a bad move) and they put the proceedings on hold while they got a copy of the Charge Notice which they sent to the office (220 miles from where i am based!).

They still maintain the debt is due but will allow the reduced rate of £45 instead of £80 to be paid as I didn't have the Charge Notice to be able to pay it early.

If i wish to appeal they have told me to write them a letter.

I have since checked and there are signs about parking in the coach bays and the fines etc. at the entrance.

Can I appeal because he didn't actually give me a ticket or put it on my car?

I assume that i can't use the angle about who was driving as I have already told them i was.

What should I do? Fight it or pay £45?
I think they use very underhand tactics.

[green_and_mean]

They cannot fine you but technically can charge you £45 for parking in the Coach bay if thats what it says on the sign. Whether they can legally collect the debt is another matter completely and a matter of hot debate on the board. There are several sticky posts at the top regarding private parking 'fines'.

[halfpint_fighter]

Yes, i have read lot's of the posts but it seems to be a mine field.

Also as i understand, attempting to collect money without issuing a warning notice is a breach of code of conduct set by the British Parking Association.

[petej2811]

Originally Posted by halfpint_fighter

I have read loads of other posts and am not sure what to do.

I have a company car so the vehicle is registered to the company not me.
I went into the clacket lane services M25 which is controlled by CP Plus.

My wife was desperate for the loo so i pulled into the empty coach park which has the door closest to the toilets. While i was waiting in the car the attendant came over and told me I shouldn't be in the coach park ( i explained that i was waiting for my wife) but he didn't tell me to move or issue me with a charge notice.

A month later a letter from Trethowans solicitors, acting on behalf of CP Plus arrived at my office.
It seems to have the usual demands and threat of court action.

I have emailed Trethowans and explained what happened (now i realise that was a bad move) and they put the proceedings on hold while they got a copy of the Charge Notice which they sent to the office (220 miles from where i am based!).

They still maintain the debt is due but will allow the reduced rate of £45 instead of £80 to be paid as I didn't have the Charge Notice to be able to pay it early.

If i wish to appeal they have told me to write them a letter.

I have since checked and there are signs about parking in the coach bays and the fines etc. at the entrance.

Can I appeal because he didn't actually give me a ticket or put it on my car?

I assume that i can't use the angle about who was driving as I have already told them i was.

What should I do? Fight it or pay £45?
I think they use very underhand tactics.

Read my paper at the top of the page, the sticky. Email me and I'll help you through it. From what I read it sounds as though there are a few defences to be relied upon.

Regards,

PJ

[halfpint_fighter]

Thanks for the offer Pete but it looks like nothing can be done.

I have read lot's of interesting advice on the forum but my bosses on the other hand were not convinced. As the car belongs to the company, they have paid the fine and it will come out my wages

[Sidewinder]

Depends on how much of a fuss you are willing to make. Unless specifically detailed in your contract, your employer cannot make unauthorised deductions from your wages. Awkward I know, but you may have every right to challenge them on this.

[petej2811]

Originally Posted by halfpint_fighter

Thanks for the offer Pete but it looks like nothing can be done.

I have read lot's of interesting advice on the forum but my bosses on the other hand were not convinced. As the car belongs to the company, they have paid the fine and it will come out my wages

I've encountered this problem before and I can solve this problem so that you don't pay out. There is plenty that can be done. Get hold of my email address, which for the moment is at this site - PePiPoo: Helping the motorist to get justice in the articles section, look for the Private Parking Guide. Email me and we can solve this problem. Your company may have paid the ticket but that was very much their mistake. You are not obliged to pay.

Regards,

PJ

[theid]

on 11th December 2007 CP Plus placed £60 Charge Notices on two out of three cars parked in a four-car bay. They claimed on my ticket that my vehicle was "parked in 2 bay" (sic) but quoted reason 08, which is actually "Causing an obstruction to other users". The two cars they ticketed were at each end of the bay. Another vehicle (not ticketed) was parked immediately next to mine (no obstruction there, then) then there was a space, and then the other ticketed vehicle. Luckily I had my camera with me and took many photographs to illustrate the lunacy of issuing charge notices in these circumstances. I knew the drivers of both of the other vehicles and we all kept our parking tickets to confirm the date and time, which also appears on my digital camera. I appealled the Notice the same day, enclosing photographs, and on the 14th December CP Plus wrote indicating that they were expecting payment despite my appeal. I wrote to them again on the 20th December, with a copy to English Heritage, their employers - as suggested by CP Plus. By 25th April I had received no response from either English Heritage or CP Plus and so I telephoned them to ask when I could expect a letter confirming that the appeal had been upheld. They told me that papers had been forwarded to Trethowans on 18th January 2008 and suggested that I telephone them. I did so and learned that because DVLA checks had quoted my vehicle colour as "brown" - which it is not - the documents had been (I quote) "ditched". I requested that Trethowans should write to me confirming that the Notice was negated, as they told me, and gave them my address, which - of course - they did not have, presumably because of the aforementioned "ditching". Slightly phased that my vehicle details were incorrect I then checked the DVLA website myself and found that my vehicle colour was, quite correctly, recorded as "silver". I am still waiting for the letter from Trethowans. Does anybody know if there is a time limit on Penalty Notices since I would quite like to get rid of the photographs on my camera card but am loathe to do so unless I can be SURE this matter has been dropped by Trethowans and CP Plus!

[lamma]

it is not a penalty - it is an invoice - and the colour is irrelevant. suggest you read up on here as you seem way off base.

[lamma]

ignore the troll. It is trite law that penalties are unenforceable in contracts - and thats for cases where the contract exists.
And third parties cannot be held to a contract.
PPC invoices are con - they work on threats and misrepresentation. all of it rubbish that prey on people who don't know the reality. folks on here do know the reality. thats what the trolls turn up.
Now if the PPCs went for actual losses it would be a different question.
for a free car park that is zero and or a paid car park it is the price of a ticket covering the period. But of course that would be the landowner's losses so the few pence available would be due to the landowner. Hey presto ! the reality means there is no business for the PPCs. Which is why their model relies on deceit. there is a recent post of mine on here detailing just some of the statutes they habitually transgress. Just ignore them (sorry Geral).

[Zamzara]

Geral's sentence is correct if taken literally. The conclusion is the opposite of what he is hoping to imply however. This is a legal, penalty, charge, and is therefore not enforceable.

[gwc1000]

Originally Posted by Geral Spencer

The IEA is entirely entitled to issue a charge for unauthorised parking.

And the motorist is entirely entitled to ignore it.

[68904]

Hi Geral.

The IEA is entirely entitled to issue a charge for unauthorised parking.

Am fro cuderth near barnsla, an if tha recons am bana stump up all that brass for summat that writen on bog paper thaz as much chance on gerrin it as thy as on me votin fer thatchers
Tha wonts to cum in arta rein as thas gerrin wet wen will tha learn wot we saying to tha.

wot part on f*c off dunt tha get?
Onny road am of't club cos comedian iz on an iz name iz geral slowcoach. am teld iz az daft as soft mick an thats daft.
Uncle Fed fro cuderth.(Joke)

[Barnsley Boy]

Cudworth you say, near my ancestral home!

[68904]

ata orieght barnsla boy.
tha might no me uncle fred, he wore on't railway at cuudy shed on neets 6 til 6.
Onny road he wore up midland road, in royston wen e saw a bloke in a yeller at daubin a mini wiwot the calls a penulty ticit.
onny road uncle fred thowt that onny penulti he new abaht wa wen miss smiff gid im undred lines for talkin in't class tha noz wen he wore i'standud fower in't infants scoil.
wen iz mam fun owt she leathered im wi me grandads pit belt an med is bum red.
Int dark tha cud see im coming a mile away wi is bum on fire.
fred teld me i'dunt like these ere pakin fims coz thes robbin gits and e recons booby bird ought to rattle em rand lug oil wi his cape .
onny road al see thi int'alex e'royston for a sneck lifter on sunda dinna.
Tha noz worra mean