DrJolly
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I will be posting this tomorrow, please let me know if anyone can see any further amendments!!!!
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Thank you and confirm changed to: There is no liability on my part under the PofA to identify the driver at the time, nor in common law tort.
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Thank you for ponting this out. I have amended to: I believe the charge is punitive and require proof otherwise
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I didn't end up posting it, so still have time to make amends today/tomorrow.
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Hi all, Posting this within the next hour, please let me know if changes are required: Good day to whom this may apply, POPLA reference: xxxxxxxx I wish to appeal against a parking charge issued by CP PLUS, as the company has made an unlawful attempt to claim compensation. Timeframe of events: The driver of this vehicle was captured at the MOTO Birch West services from 05/05/15 12:02 to 05/05/15 14:54 by an ANPR camera. Date of notice: 04/06/15 CP Plus has not made contact with the vehicle’s Company Car Leaser. Therefore, evidence must be provided by CP PLUS as to how they have made contact directly with the registered keeper. Therefore: 1. I do not believe CP PLUS at are right to hold me liable for this claim. 2. I do not believe, through sight of contract , that CP+ have lawful authority to issue and pursue parking charge notices at the site in question. 3. I do not believe the charge is punitive. 4. In addition to the above, CP PLUS have failed to say on what grounds my enclosed appeal to them was rejected, bearing in mind that their claim is not compliant with the PoFA and is thus an abuse of process. Furthermore: 1. The timeframe above is not within compliance and CP PLUS are timed out for keeper liability under the PoFA. 2. I am unaware of the driver at the time and there is no liability on my part under the PoFA, nor in common law tort. 3. Under company policy, any employee may drive this, or any car within the lease scheme. 4. There is a lack of contract between CPP and the landowner, I put it to strict proof that that they must produce a contract that allows them to make claims in their own name and that this is signed by the landowner and not another party that has no legal interest or authority. 5. There is a lack of planning permission for the signage that they rely upon to form contracts. 6. Lastly, the amount claimed is not GPEOL and therefore an unlawful penalty. Please could you review the above and pass judgement accordingly. Regards,
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Hi all, You have been fantastic so far and I am endlessly in your debt. Questions as follows: Should i include copies of CPP received documentation? Should i include copy of my appeal to CPP? Should i include documentation from Zenith regarding the car policy? (all employees able to drive the cars?) Please could you also review and comment on the following: Name & Address Name & Add Postcode 07/08/15 Good day, to whom this may apply, POPLA reference: xxxxxxx I wish to appeal against a parking charge issued by CP PLUS, as the company has made an unlawful attempt to claim compensation. Time frame of events: The driver of this vehicle was captured at the MOTO Birch West services from 05/05/15 12:02 to 05/05/15 14:54 by an ANPR camera. Date of notice: 04/06/15 Have CP Plus been in contact with Zenith (Company Car Leaser)? If so, have they advised CP PLUS to contact directly with (registered keeper)? It is questionable, therefore: 1. Who is being held liable for this claim - driver/keeper/registered keeper? 2. Where is the proof, through sight of contract , that CP+ have lawful authority to issue and pursue parking charge notices at the site in question. 3. Where is the proof that the charge is not punitive? 4. In addition to the above, CPP have failed to say on what grounds my enclosed appeal to them was rejected, bearing in mind that their claim is not compliant with the PoFA and is thus an abuse of process. Furthermore: 1. The timeframe above is not within compliance and CP Plus are timed out for keeper liability under the PoFA. 2. I am unaware of the driver at the time and there is no liability on my part under the PoFA, nor in common law tort. Under company policy, any employee may drive any car within the lease scheme. 3. There is a lack of contract between CPP and the landowner, I put it to strict proof that that they must produce a contract that allows them to make claims in their own name and that this is signed by the landowner and not another party that has no legal interest or authority. 4. There is a lack of planning permission for the signage that they rely upon to form contracts. 5. Lastly, the amount claimed is not GPEOL and therefore an unlawful penalty. Please could you review the above and pass judgement accordingly. Regards, First Name / Surname
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Is it better to appeal online?
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Correct, other people are allowed to drive this vehicle, at least 25,000 other people. I have received a letter from CP Plus dated 20th July 2015, as follows: What are my next steps?
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Tagged at the MOTO Birch West services from 05/05/15 12:02 to 05/05/15 14:54 by an ANPR camera. Date of notice: 04/06/15 (Written on the letter itself) - Landed on the door mat on Friday 05/06/15 CP Plus have been in contact with Zenith (Company Car Leaser) on around the 14/05/15 This has then been advised for CP PLUS to contact directly to me (registered keeper) on the 04/06/15. I wrote exactly this letter on 01/07/15, not stating my name or address: Appeals Section PO BOX 3573 Barnet EN5 9QA 01/07/15 Dear Sir or Madam Re: Notice reference number - xxxx Re: Registration – xxxx Your invitation to pay the £100 charge has been declined on the following basis: The charge is not compliant with the POFA 2012. If you do not amend or cancel this charge, then please provide a POPLAicon code. Regards, I have now received another letter subsequently from CP Plus informing me as per my previous post. As my appeal was sent 1st class, i have no way of proving receipt. Does this make sense?
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OK no problem. So how do i progress now following receipt of this letter?
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TO confirm i do not live in Scotland
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Ok so i did send the above last statement, as i did not see Erics response. Subsequently, i have received another letter dated: 13/07/15 A notice was sent to you on 04/06/15 and a reminder on 24/06/15. To date full payment has not been received and the deadline for valid written representations against this charge notice has expired. AS previously advised a further fee of £40 has been applied to your account to cover additional admin costs. To avoid this being passed to our legal department for further action and possible further charges, you are required to pay the sum of £140 within 14 days of this letter. If you were not the driver... etc Obviously i have sent letter (By 1st class post) which will have been received a day or two later than 01/07. Do i now ignore this or respond again? Regards,
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Hello, I have not responded to the letter yet and have subsequently received a follow-up for a £100 charge. Should my action now change, or will the following be sufficient to send off tomorrow?: Appeals Section PO BOX 3573 Barnet EN5 9QA 01/07/15 Dear Sir or Madam Re: Notice reference number - xxxx Re: Registration – xxxx Your invitation to pay the £100 charge has been declined on the following basis: The charge is not compliant with the POFA 2012. If you do not amend or cancel this charge, then please provide a POPLA code. Regards, I will be sending this tomorrow, so please advise if anything require amendment. DrJolly
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Correct me if i am wrong, but aren't the 'contracts' which are effectively entered into on an individual basis? Therefore, if someone else was driving my car, it is that person who is responsible? Hence the insurance covering multiple people? If i am wrong, i shall just write to them concering the non-compliance with the POFA 2012.
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I am conscious i need to get this letter out tomorrow. Could anyone advise on my initial response and if it is suitable?
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Zenith directed CP Plus back to me. Can i have confirmation that the following is a sufficient initial response to CP Plus: Appeals Section PO BOX 3573 Barnet EN5 9QA 15/06/15 Dear Sir or Madam Re: Notice reference number - xxxxxxxx Re: Registration - xxxxxx Your invitation to pay or name the driver has been declined, neither of which are required of me and all liability to your company is denied on the following basis: 1) The protocols of The POFA 2012 have not been followed. 2) I was not the driver of the vehicle at this time – In addition, please note this vehicle is insured for more than one driver (Details of insurance can be viewed in supporting documentation). Regards, (Do i even state my name?)
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Hello, To confirm: CP Plus have been in contact with Zenith on around the 14/05/15 This has then be directed to me on the 04/06/15. Is this still out of the tolerance? I have obtained our insurance policy document from Zenith which states the following: 5. Persons or classes of persons entitled to drive: - Any person. - Provided the person driving holds a licence to drive the vehicle and such licence has not been revoked or has held and is not disqualified from holding or obtaining such a licence and provided the person is driving on the order of or with the permission of the policyholder. Our company has a groupwide insurance policy allowing any driver to drive any vehicle. On these grounds, am i just to deny i was the driver at the time? Cheers,
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SilverFox: To be clear I drive the car most days as part of my job. The document has been issued to me directly, with my name and address in the top left hand corner. However it states the following on the document: "Having checked the vehicle details with the DVLA, we are writing to you because either you were the registered keeper at the time of parking, or the registered keeper has named you as the driver at the date and time of the event." Armadillo: I will make my initial appeal to CP+, under the terms of not following POFA 2012 - Please could you/someone clarify exactly which part of POFA 2012 they are not following (I.E - Section x)? I have edited my appeal as follows: Dear Sir or Madam re: Notice reference number XXXXX/XXXXX On behalf of the registered keeper, your parking invoice impersonating a 'parking ticket' has been received and it is quite clear of your aim to unfairly maximise profits by taking advantage of passing motorists parking at these services. Your invitation to pay or name the driver has been declined, neither of which are required of me. All liability to your company is denied on the following basis: As this is an ANPR capture and first contact from CP+ is dated 04/06/15, following a recorded stay which you have stated is on the 05/05/15, the protocols of The POFA 2012 have not been followed. If you choose not to cancel this invoice you must issue a rejection letter in reply to my appeal, explaining: 1. The legal basis of your charge (i.e. breach, trespass or contractual fee). There cannot be any expectation to guess the basis of your allegation. 2. Proof of your locus standi to offer contracts to drivers at this site. 3. A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions. 4. The means to make an appeal to POPLA or the IAS. Regards, Thanks again for all your help so far.
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Date of notice: 04/06/15 I opened the letter yesterday 06/06/15 The capture on camera: 05/05/15. Does this make sense?
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1st draft of my response to the parking charge from CP Plus, any ideas on how to sign at the bottom, or just leave as regards?: Dear Sir or Madam re: Notice reference number XXXXX/XXXXX On behalf of the registered keeper, your parking invoice impersonating a 'parking ticket' has been received and it is quite clear of your aim to unfairly maximise profits by taking advantage of passing motorists parking at these services. Your invitation to pay or name the driver has been declined, neither of which are required of me. All liability to your company is denied on the following basis: As this is an ANPR capture and first contact from CP+ is dated 04/06/15, following a recorded stay which you have stated is on the 05/05/15, the protocols of The POFA 2012 have not been followed: 6.2 Where a contravention is detected remotely (such as by cameras), the landholder may request registered keeper data from the DVLA immediately and must write to the registered keeper within 14 days seeking details of the driver or payment of the parking charge. If you choose not to cancel this invoice you must issue a rejection letter in reply to my appeal, explaining: 1. The legal basis of your charge (i.e. breach, trespass or contractual fee). There cannot be any expectation to guess the basis of your allegation. 2. Proof of your locus standi to offer contracts to drivers at this site. 3. A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions. 4. The means to make an appeal to POPLA or the IAS. Regards,
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Well it has been issued to me directly and to my (old) address. I assume at some point either through the DVLA or our Lease company Zenith, my address will have been found. My assumption is the DVLA, as i have only just changed my address within the last 2 days to our new home and it was sent to the old registered address. But i do not believe i am the registered keeper of the vehicle (i certainly do not own the vehicle) - It is leased for 3-4 years. Is this relevant, given the time frame issued?
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To clarify - No windscreen ticket on my car. This is the first contact from CP Plus and is a ANPR (camera) capture showing an 'In capture' and 'Out capture' of my car. Just to note: My car is a company car, does this make any difference?
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Thanks for the information. So how solid is the 14 day contact appeal? Done and dusted or can they get around it?
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Hi all, Many thanks for the replies so far. Date of notice: 04/06/15 (Written on the letter itself) Landed on the door mat on Friday 05/06/15 As far as i can see the word 'fine' does not appear, just 'parking charge'. Regards,
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Sounds promising: 6.2 Where a contravention is detected remotely (such as by cameras), the landholder may request registered keeper data from the DVLA immediately and must write to the registered keeper within 14 days seeking details of the driver or payment of the parking charge. Would it be advisable to appeal, detailing nothing but the reference as request and the above as my reason for not paying the charge?
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