Jump to content


  • Tweets

  • Posts

    • Please start reading around the Hermes and P2G threats on the sub- forum. There's lots of material here and it's important that you go through them and understand the principles which are recurring all the time. There are huge number of similarities. Once you've done that, you will understand the basics of what needs to be done. And we will help you. You will need to give us a bullet pointed chronology what has happened including values, whether you are insured, et cetera et cetera. It would be nice that you deliver us the whole story without us having to follow up with too many questions. Start off by reading around
    • The financial platform provider, Aryza, has acquired HubSolv in its second acquisition of 2021 View the full article
    • Sales of European NPLs hit a four-year low last year with €67.7bn of assets sold, a new study shows View the full article
    • I am hoping for some help. I noticed some readers state they have successfully challenged leaseholder charges. I am now being charged in excess of £2000 leasholder service charges on a garage in Kent. It is a simple garage. As it is a  non-residential the normal tribunal routes to appeal  the garage charges are unavailable. I requested an explanation of the charges. All the service company have provided is a list of charges nothing to say how these charges relate to my garage which has never been visited or maintained. I am charged management fees, account preparation fees, audit fees. The leaseholder forwarded my account to SLC solicitors three years ago. Three years ago I sent SLC a cheque to avoid legal action. SLC did not bank the cheque as they agreed that the charges are unreasonable. However the management company continued to issue charges on the garage. SLC have issued legal action again. I would love to hear from readers who have successfully challenged unreasonable leasehold service charges.
    • i can't find a lost scottish court claim for a speculative invoice... likewise i haven't seen any gauge of an increase in PPC's issuing court claims in scotland since the much trumpeted POFA changes in Scotland - if they even happened or changed anything   it pers concerns mea bit  more as you say you've read up....focussing on POFA.. that you still appear not to have understood the very 1st basic principle of PPC things ..they are not FINES.   if they did get sheriff officers to issue a claim, and again there is no data to indicate any increase at all in them doing so, bar a handful of cases you can count on one hand in the years before, there would be plenty of chances to fold .
  • Our picks

    • 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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Please note that this topic has not had any new posts for the last 1970 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...