Jump to content


  • Tweets

  • Posts

    • The bad news is that Scotland passed the Transport Bill in 2019 which included making the keeper responsible if certain things are in order. The good news I think, is that all the signs are in the name of Excel, so still sit on your hands.  So if you could get photos of the sign at the entrance to the car park plus other signs inside the car park and on the payment meter we will then know the involvement of Excel and VCS. They are both separate companies so only one of them will have the contract with the landowner.
    • Hello, please forgive me for not stopping offfirst to introduce myself.      Great to see so much useful advice I might not have first considered! Thanks very much. Beans57
    • It looks as if Excel is the creditor. If that is the case then they are the ones who should contact the DVLA.if it was VCS who applied then there could be a breach of your GDPR. But we won't know for sure till we see the contract between the landowner and the car park company.   Once you have an answer from DVLA regarding the legality of two companies claiming they are the creditor [which is not possible] then we can look at contacting the ICO and Trading Standards.   VCS have been sending you lots of threats but stopping short of actual taking you to Court. Maybe he knows he is on the losing side.
    • Many thanks @lookinforinfo; I've contacted DVLA requesting who has accessed my info but thinking a more 'robust' letter along the lines you recommend might be order of the day tomorrow. Much appreciated.    Double thanks @FTMDave;  TRULY appreciate your work on our behalf. thanks for the above adapted and, yeah, lessons learned eh!   I've uploaded all the paperwork that seems relevant. I've only uploaded 1 copy of the 'Final Notice of Debt Recovery' (dated 01 October 2020) Letters (there were 3)- they're all the same. I've also not included the County Court Claim form.     I just want to check; is their 'Final Notice of Debt Recovery' (dated 01 October 2020) the  'Letter Before Action'? If not then we've never received the LBA.   To Note; I've literally only just noticed this but.... DCBL paper work, on both 'Notice of Debt Recovery' (dated 12 August 2020) and 'Final Reminder' (dated 04 September 2020), it is stated  'Date of Contravention: 06/06/2017' - 'Reason for Contravention: 86) Parked Beyond The Bay Markings' . This is incorrect, as this contravention was an ANPR charge. Wonder how that tips into their argument? Just curious.   Of greater relevance; You might notice on all three VCN's 'Notice of Intended Court Proceedings' (dated, 2 x 29/08/2017 & 04/09/2017) that it states, in bold, near the bottom of the page 'The creditor is: Vehicle Services Limited.' Am I correct in my understanding that legally, only Excel can call themselves Creditor as it's Excel who have the lease agreement with the landowner.     Not quite sure if I mentioned this but I have accessed a copy of the land registry document which provides details confirming that the landowner has leased the land to Excel Parking. By coincidence,  I was working with a client today (3rd year law student!) who's recently  been studying contract law and noted that 'even though the companies may be linked by people, and might claim to be sister companies, they are in fact separate legal entities. Check who has accessed your information through DVLA because there may well be a GDPR issue due to who holds the contract with the landowner.')     DEFINATELY considering sending Simes a letter (CHEERS @dx100uk) as you say FTMDave, it's just a stamp. Wonder if he's got some poor, under living wage lackey filtering this kind of correspondence down in Sheffield?   THank you all so much for all your encouragement and support- it no longer feels like we're alone in this. Lost lots of sleep but stated to sleep like a babby again.    Onwards and Upwards.      VCN EXCEL Smyth Street Wakefield 2017-2021.compressed.pdf
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Please note that this topic has not had any new posts for the last 1977 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

My partner has received a charge notice from CP Plus for parking on their clients property at Roadchef Chester services for 3 hours 53 minutes when the maximum time allowed is 2 hours.

 

It says if she pays within 14 days they will take the reduced payment of £50. Not sure what the full payment is.

 

They have sent her the 2 photos of her entering the car park and leaving the car park, she had met a friend there and was planning on being under the 2 hours but they got chatting etc etc and she forgot about the parking notices up at the services. She was in Costa the whole time she was there and spent money there.

 

 

She has previously had one of these in 2012 on the same car park before (Stupid I know!) which we ignored but I am ware the law has changed so do not know how she stands now!

 

Please advise? Any advice would be most welcome!

 

Regards

 

gh0108 (Gary)

Link to post
Share on other sites

As it was an ANPR capture the notice to keeper has to be received within 14 days after the day of the event. Please tell us the date of the supposed breach and the date the letter was received. CP Plus are pretty poor at sending their claims out in time so that will be the first thing to beat them with.

Link to post
Share on other sites
As it was an ANPR capture the notice to keeper has to be received within 14 days after the day of the event. Please tell us the date of the supposed breach and the date the letter was received. CP Plus are pretty poor at sending their claims out in time so that will be the first thing to beat them with.

 

Hi thanks for your prompt reply, they are in timescale incident was 20/06/15 and we received it today so 12 days.

Link to post
Share on other sites

then you respond by saying that you do not believe that they have the authority to make contracts and claim monies in their own name and if they cannot produce a contract that shows they have this right then you demand a POPLA number so you may appeal their refusal to cancel or provide sight of said contract. Do not mention anything about the circumstances of the visit or who was driving at the time. The claim sent was to the keeper of the vehicle and that is how you are writing.

By responding you will force them to either cancel or incur further costs. The land will not be owned by the people they have a contract with and they will try and bluff their way out of that fact but it wont cut any ice with the adjudicators.

Link to post
Share on other sites

Hi

just to confirm, ericsbrothers advice is the way to go. Highly unlikely that CP+ will cancel the ticket but they must then give you a POLA code which you can use to appeal further where more appeal info can be supplied to them.

 

Remember, always write in the third party when it comes to the driver. Never say 'I'. Always say 'The Driver'

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

Link to post
Share on other sites
Hi

just to confirm, ericsbrothers advice is the way to go. Highly unlikely that CP+ will cancel the ticket but they must then give you a POLA code which you can use to appeal further where more appeal info can be supplied to them.

 

Remember, always write in the third party when it comes to the driver. Never say 'I'. Always say 'The Driver'

 

Thanks for the advice Silverfox.

Link to post
Share on other sites

As she is the registered keeper, yup but to be honest, a signature isn't needed. Just any old squiggle would do with these.

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

Link to post
Share on other sites
  • 3 weeks later...

Hi

I sent the above letter as advised by ericsbrother it was sent recorded delivery and a signature was got for the letter on 13/07/15. Today my wife received a charge notice reminder saying £100 is now due. Do I need to do anything or wait for them to respond to my initial reply? Any advice would be welcomed. Thanks in advance.

Link to post
Share on other sites
  • 2 weeks later...

Hi

My wife has received a reply to the letter sent to CP Plus which says:

That the PCN was issued legally and correctly according to the British Parking Association Approved Operators Scheme and given that the signage is displayed in compliance with all relevant laws and regulations the fact that you were seemingly unaware of this is not considered a mitigating circumstance for appeal. In light of this my representations have been considered and rejected.

 

It then talks about the POPLA appeal and the cases they will consider. They then give the POPLA number.

 

Any advice would be greatly appreciate, thanks in advance guys.

Link to post
Share on other sites

It would help to see a photo of the signage at the site...

 

But your POPLA appeal must include;

 

1. That you wish to see , through sight of contract , that CP+ have lawful authority to issue and pursue parking charge notices.

 

2. Proof that the charge is not punitive.

 

3. The breakdown of the genuine pre estimate of loss that the charge must represent.

Link to post
Share on other sites

RK means registered keeper and the best way to put up photos is to upload them to a site such as photobucket and then post the links to the photos here.The main thing is not to panic. You're in fantastic hands here. Armadillo71 and Ericsbrother gave me fantastic guidance and saved me a fortune.

Link to post
Share on other sites

As they dont mention the PoFA you have to think under what circumstance then that any debt is incurred by the keeper of the vehicle. They would also have no right to contact the DVLA to obtain the keeper details if there is no keeper liability and this is worth taking up as a complaint with the DVLA if CPP claim that they are chasing your other half as driver because how do they know and if they do know why do they need the contact the DVLA anyway?

Not a question they would like to answer so wait for them to slip up. As for their other letters no part of the process either so another stamp wasted. You have the POPLA number so add the above to the reasons for appealing along with the others suggested.

Link to post
Share on other sites

OK thanks for your advice ericsbrother much appreciated and I will try and put an email together to them today. Guys thanks for all the advice much appreciated.

Link to post
Share on other sites
  • 4 weeks later...
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...