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CP+ - M1 Toddington Moto **WON TICKET CANCELLED**


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Hi guys and girls, haven't been on this amazing site for a while, but I'm hoping some knowledgeable bods here can help me! :-)

 

we've had an unwelcome charge notice issued by CP Plus.

 

I was in the M1 Toddington service area having a chill out food/drink/rest break after a long motorway drive in the small hours of 21/10/14.

I arrived there at 10:25am, and was clocked leaving at 14:02pm.

A stay of just over 3 and a half hours. I felt groggy and needed a long break and a small nap to recharge before heading off.

 

I had no idea to be honest that you only had 2 hours free.

...as I was there for 90 minutes over this,

 

 

they want £100 as a 'parking charge'. They've kindly offered to reduce this to £50 if paid within 2 weeks. How kind. £50 or £100 for 90 minutes....are they serious!?

 

I'm quite well read on the various ins and outs of these letters.

I understand the whole Parking Charge Notice v Penalty Charge Notice issue,

and the fact that these people have no rights at all as this is on private land, and not public land.

what I have is an invoice, and they can't demand anything from me by law.

 

I know the done thing a while back was to just ignore these,

but I understand that doesn't really work now.

 

 

So I have a few questions... :-)

 

1) The letter was sent to my wife as she owns the car. I'm insured on the car, and I was driving the vehicle.

She was at work.

Do they need to prove it was me?

Do I tell them to correspond with me,

or just play along and leave it in my wife's name?

 

2) I know if I appeal, it will 99% be rejected.

I get the impression this company are quite weak on following up and going to court as it loses them money,

and I know they don't have a debt collecting arm to their business.

 

 

So should I appeal,

hope that they reject,

offer me a chance to go to POPLA and then go from there?

 

 

I think they have a set number of days to give me an appeal code/ref...

..and if they don't supply it, then they are dead and buried.

 

 

Is this correct?

 

3) I was going to appeal on the following

- The charge being completely inappropriate and disproportionate.

...its a free car park, they've not lost anything..

 

 

...secondly by writing 'charge notice' on the letter I believe this breaks some kind

of law by making it look like an official police/council demand etc and is unlawful...

 

 

..thirdly it says I agreed to their terms and conditions when I parked there.

I didn't even see it!

How can I agree to something I haven't seen??..

 

 

..fourthly the car park was nowhere near full.

 

 

How is me staying an extra 90 minutes costing them £50 or £100?

I've not denied anyone a space or anything!

 

Sorry if this is long winded.

 

 

Any advice is much appreciated!

 

MB

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Hi.

 

1. You have no obligation to name the driver. You could inform them that you were the driver if you think your wife won't stick up for herself.

 

2 Once you have appealed, they have (I think) 35 days to respond with either the rejection (plus the POPLA code) or accept your appeal. It has been noticed that some companies do not include the POPLA code with the rejection or hide it amongst other data. If they fail to issue the code, you just have to wait for them to time themselves out. They can do nothing if they failed to give the code within the required timelines. You can use any reason for this 'soft' appeal as you are probably right that they will reject you but if they supply the POPLA code, you can then submit the full appeal.

 

3 I wouldn't bother going onto real detail at first. CP+ seem to think they are more knowledgeable than you and they are right. Utter rubbish of course.

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ithink its brween 28-56 days they must send the notice to keeper

 

 

if you've had this

appeal to popla.

 

 

they can use the word parking charge..not just the words Penalty or fine

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This sounds like an ANPR job. ..... Or did you get a NTD (Windscreen ticket) ????

 

If the former then they had 14 days from the date of the "offence" to when the Notice To Keeper (NTK) arrives.

So if that is correct then they are in time and your wife should appeal (do not let on who the driver was)

 

This first appeal will get rejected but they will have to issue a POPLA code.

You then get another chance to appeal.

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Date of event means that it was ANPR and demand sent out in time. You need to appeal to CPPlus and you can use any grounds you wish, such as you were queueing for the petrol pump and this took you over the time.

Sometimes the more unlikely the scenario the harder it is for them to prove that you werent doing what you say and they thinkthat you wont appeal to POPLA. Once you get there you use the standard reasons of no rights to claim for damages and damages do not represent their losses.

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  • 3 weeks later...

Hi guys

Just thought I'd update you on my case.

 

 

Unbelievably, CP Plus have binned the ticket completely, and agreed that I should pay nothing!

 

 

I received a short 3 line letter in reply, which said:

 

 

'Thank you for your reply to the above reference.

After looking at your appeal,

CP Plus have agreed to uphold your appeal in its entirety.

No further action will be taken on this notice.'

 

 

I just sent a letter saying that I needed a prolonged break after a long drive,

that I didn't agree to their terms as I didn't see any signs,

 

 

the fine was excessive and that as the car park was nowhere near full,

me staying for an extra 90 minutes unpaid had lost them no money at all.

 

 

So there we go.

 

 

I guess just be firm and hold your nerve.

 

 

I appreciate other firms such as ParkingEye are harder to budge,

 

 

but in this case it's a consumer victory. Hoorah!!

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well done

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Ruddy eck!! Why would they do this. Are they under scrutiny? We don't really care so long as you got the win. Well done :-D

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Excellent news.. it would have been cheaper to check in at one of the Motorway Motels for a snooze.

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