CP PLUS - Parking Charge - Seeking assistance from the experts

[Landylady]

I have also received a letter with a parking charge from CP plus for £100 but say they would accept £60 if paid within 14 days as I exceeded the 2 hour free period by an hour in their client's property at MOTO Kinross. I was in fact parked in the car park of the Travelodge at Kinross, which is next door. According to the Travelodge web site the car park at the hotel is free so can they legally charge me? The letter also states that if payment is not received within 28 days, an initial debt collection charge of £40 will be incurred. Should I pay this even though Travelodge state free parking? Thank you for any advice given. Landylady

[dx100uk]

you need to start a new thread

of your own

 

 

dx

[DrJolly]

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- Provided the person driving holds a licence to drive the vehicle and such licence has not been revoked or has held and is not disqualified from holding or obtaining such a licence and provided the person is driving on the order of or with the permission of the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,

[ericsbrother]

Who directed it to you? Zenith themselves or did they pass it back to CPP? Your insurance has nothing to do with this, it is all down to who is the KEEPER of the vehicle as far as the DVLA is concerned.

Anyway, tellCP plus that their demand is not compliant with the PoFA and if they dont cancel the charge you want the POPLA code so you may appeal their decision.

[ericsbrother]

I have also received a letter with a parking charge from CP plus for £100 but say they would accept £60 if paid within 14 days as I exceeded the 2 hour free period by an hour in their client's property at MOTO Kinross. I was in fact parked in the car park of the Travelodge at Kinross, which is next door. According to the Travelodge web site the car park at the hotel is free so can they legally charge me? The letter also states that if payment is not received within 28 days, an initial debt collection charge of £40 will be incurred. Should I pay this even though Travelodge state free parking? Thank you for any advice given. Landylady

As this is in Scotland just write back and tell them to get lost as no such thing as trespass nor PoFA in Scotland so no liability on your part. You could also remind them that their £40 additional charge is unlawful and will be reported to Trading Standards regardless.

[DrJolly]

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?)

[DrJolly]

I am conscious i need to get this letter out tomorrow.

 

Could anyone advise on my initial response and if it is suitable?

[dx100uk]

doesn't read like EB suggested in post 29?

 

 

what about the POPLA code request?

dx

[DrJolly]

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.

[f16]

Drjolly'

 

Follow post # 29 (ericsbrother) Non compliance with POFA 2012 and make sure you ask for the POPLA code if they want to dispute it !!!

With a correctlt worded POPLA appeal they lose and you win.

 

Car insurance bit. ..... Not relevant ..... Forget it.

Good Luck !!

[DrJolly]

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

[ericsbrother]

Do not say amend as there is no liability on your part. Just tell them that they are not compliant with the PoFA and that they should cease writing to you as legally you have no interest in the matter. Any further demands for monwy will result in a complaint of harassment and reporting to the FCA for breaching the regulations on debt collecting activity.

[DrJolly]

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,

[silverfox1961]

Can you just confirm that you are in Scotland. If yes then ignore them. They can do nothing to you.

[silverfox1961]

Just got linked to this. I'm off to read it now.

 

http://www.cas.org.uk/publications/parking-private-land-legal-opinion-and-advice-update

[ericsbrother]

Ignore them completely from now on.

If, in the very unlikely case they send you a court claim then you should respond but since the law in Scotland is different and the PoFA doesnt apply they will always lose a defended case as they have no right to make a claim at all.

[DrJolly]

TO confirm i do not live in Scotland

[ericsbrother]

Sorry, it was the person who jumped on your posting that was in Scotland.

[DrJolly]

OK no problem.

 

So how do i progress now following receipt of this letter?

[armadillo71]

OK no problem.

 

So how do i progress now following receipt of this letter?

 

 

 

DrJolly- This thread has become quite difficult to follow...

 

 

Please can you state in one post exactly the time frame of what has been sent to whom on what dates?

 

 

We can then advise the next move.

 

 

Ultimately you will not be paying any money to [problem] [problems].....

[DrJolly]

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?

[ericsbrother]

They are too late to claim anything from keeper of vehicle and shouldnt have even contacted them as it is an abuse of their contract with the DVLA.

Are other people allowed to drive the vehicle? IF so then you dont know who was driving at the time and there is no liability on your part under the PoFA nor in common law tort.

If you can get the POPLA code from your appela then that is an argument to put forward, others are a lack of contract with the landowner (they arent going to have one, just with Moto or similar entity) Signage doesnt have planning permission so no contract can be formed by illegal act (again, very few parking co's bother to get PP, they rely on the assumption that the company they deal with has done so) and finally no loss to the parking co.

[DrJolly]

Are other people allowed to drive the vehicle? IF so then you dont know who was driving at the time and there is no liability on your part under the PoFA nor in common law tort.

 

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?

[dx100uk]

Appeal to popla

 

Dx

[DrJolly]

Is it better to appeal online?