CP Plus Charge Notice

[gh0108 1]

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)

[ericsbrother 3,537]

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.

[gh0108 1]

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.

[ericsbrother 3,537]

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.

[gh0108 1]

Many thanks for your quick response ericsbrother I will write to them. Very much appreciated.

[silverfox1961 4,625]

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'

[gh0108 1]

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.

[gh0108 1]

Do I get my wife to sign the letter?

[silverfox1961 4,625]

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

[gh0108 1]

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.

[zydeco 152]

The reminder is just an automated begging letter so ignore.

They now have 35 days from the 13th. to respond to your appeal

[gh0108 1]

Many thanks zydeco for your prompt reply.

[gh0108 1]

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.

[armadillo71 1,051]

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.

[armadillo71 1,051]

All as RK of course and it may not be relevant land for the POFA . Do they mention schedule 4 of the POFA 2012?

[gh0108 1]

They do not mention POFA 2012 or schedule 4 at any point.

I have taken photos and will try to add them.

What is RK?

[gh0108 1]

no idea on putting photos up

[DJ67 1]

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.

[gh0108 1]

http://s304.photobucket.com/user/gh0108/library/

 

This is the link to the photos Armadillo71 thanks for your assistance and also to you DJ67

[ericsbrother 3,537]

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.

[gh0108 1]

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.

[gh0108 1]

Had an email from POPLA to say it has been sent to CP plus, thanks for all the help guys I will let you know when I have had a response.

 

 

Thanks

 

 

Gary

[gh0108 1]

Still not had a response from CP Plus I guess they will stretch it until the final date!

[ericsbrother 3,537]

CP Plus have lost their contract with Moto so do a quick companies house search and see if Roadchef are the same business entity. If they are then there is no basis for claim.

[Old Cogger 957]

Roadchef are independent company