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PCN MOTO Swansea West CP Plus **CANCELLED**

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afternoon all,

 

after a bit of advice.

 

I have got a PCN and im thinking i may have to pay this one

 

but as always, i like to get your advice before doing anything around parking tickets.

 

I overstayed by an hour in the services at MOTO swansea west and ive been sent a NTK in the post.

 

I hold my hands up, i overstayed.

Reason being im a fireman and i was lift sharing with my mate as we only needed to drop some stuff off at the station,

thought we'd be an hour tops and we ended up being longer because there was a call.

 

I think if i appealed this one id be relying on the POFA and just chancing it.

 

what is the expert advice?

I think my defense would be shaky if this one went to court but i do despise paying these people so much money when they have incurred ZERO loss.

It was an empty motorway service car park.

 

I will as always rely on your advice.

Regards

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Court???

 

Not a chance!

 

Eric will be able to give you sterling advice with this, but you always appeal these parking cowboys....


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Scan to PDF what you have received

And fill out the link you have before in the stickies giving us all the info

Follow your old threads


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i normally always do and ive not been taken to court or had to pay out yet. just was'nt sure about this one. If they sent people a charge for the time they had over stayed plus a small admin fee i think most people would pay it. But when they demand £100 off the bat its more the principle than anything else!

 

i will wait for advice

 

Regards

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as always it is in the detail that determines what is for the best.

 

What was the date of the event,

when did you get the NTK.

what exactly does the NTK say-post it up with personal detaisl like name, adess car reg and their ref number removed and we can advise. "

 

years after the intro of the POFA more than half of the parking co's still cant copy down word for word what the law says they have to include in the NTK to create keeper liability so no forgone conclusion.

 

I also think that it might be worth contacting MOTO hq and telling them about your need to overstay and would they tell CP plus to cancel as the reason for the overstay was compelling and possible crown immunity anyway (Are they going to know any different?).

 

Get the pictures if you can anyway in case MOTO wash their hands of the matter.

 

If they dont offer help we can always go on to social media and flame them over their insistence on ticketing emergency services personnel on official business.

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For tickets received through the post [ANPR capture] (Notice to Keeper)

please answer the following questions.

 

1 Date of the infringement - 03/12/2016

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 29/12/2016 (so more than 14 days???)

 

3 Date received - 31/12/2016

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? - No direct mention of POFA but it does state "this charge has been issued for the reasons overleaf, giving reasonable cause to apply to the DVLA for details of the registered keeper"

 

5 Is there any photographic evidence of the event? - Yes, ANPR photos on entry and exit.

 

6 Have you appealed? - not yet

Have you had a response? - no appeal made yet

 

7 Who is the parking company? CP Plus

 

8. Where exactly MOTO services Swansea West

 

 

Photos of the NTK to follow

 

Regards

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Not compliant with POFA as NTK not sent out in time to create keeper liability.

 

essentially this means they have obtained your keeper details by misrepresentation and you can sue them for that.

 

So, what to do?

I would be writing to MOTO as suggested but make sure that you do not identify the driver at the time.

as far as they are concerned it could well be the other firemen you car share with so a letter saying that the vehicle overstayed because the firemen who were occupants of it at the time had to attend an emergency call out etc.

 

No names and sign the letter to MOTO as yourself being the registeded keeper of said vehicle.

 

If MOTO dont order CPP to cancel

you can then tell CPP that there is no keeper liability in this matter and to cease any further communication or risk action being taken for harassment as both a criminal act and a civil tort.

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PDF of NTK below. I received this today date of "offence" was 03/12/2016... shouldnt i have received this sooner?

CPP1.pdf

CPP2.pdf

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ive emailed this off to MOTO pcn appeal,

will update when i get a reply.

 

If i dont have any joy with them i will write to CP plus and state that they have illegally attained my details by misrepresentation to the DVLA due to not adhearing to the time scales set out in PoFA, therefore there is no keeper liability to pay the fine and i will not sue them if they cease all communications with me and cancel the charge.

 

sound good?

 

Regards

47

 

Dear Sir / Madam.

 

As the registered keeper of a vehicle issued with the above PCN from CP Plus I have today received a notice to keeper in the post. It details that the vehicle has over stayed by just over an hour of the free 2 hour period.

 

I am appealing to you to please cancel the PCN in light of the following.

The driver of the vehicle on that day is a firefighter.

The driver was not due to work that day but, along with another firefighter had to move some kit and equipment from one fire station to another.

 

they lift shared and left the vehicle issued with the PCN in MOTO swansea west.

 

This should of taken them no more than 1 hour.

 

When they got to the fire station there was an emergency call and due to a lack of manpower at the station it took a lot longer to move the kit while waiting for the fire engine and its crew to come back. This ended up meaning by the time they got back to the car in the services, it had overstayed by just over an hour.

 

I hope that you will be able to see that this was not a conscious attempt to overstay or abuse the parking facilitates but something unexpected that could not be avoided.

 

As you may be able to see from your records this vehicle has not overstayed on any previous occasions and the fact its overstayed by just over an hour shows it was not a conscious effort to leave the vehicle there for a long period of time.

 

I hope you will cancel the PCN in light of this.

 

Regards

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Please stop using the word fine.

 

It is not a fine

 

IMHO the letter gives too much detail

 

Dx


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Cut everything back to just being about a car share by firemen on official business and they were called to an emergency that caused the overstay.

 

MOTO has hived off the parking to CPP so there is no need to say anything more than the absolute minimum or you can guarantee that the letter will be passed on and CPP wont cancel.,

 

 

What you are trying to do is let MOTO know that they will look pretty stupid if they dont just tell CPP to cancel the ticket so going into too much detail will not only identify you are the likely driver but make it clear that the reality is that it was less of an emergency than it would if you leave things to their imaginations.

 

You have other reasons to tell CPP to get lost but it would be better if MOTO were the ones calling the shots

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ok, no worries, That was the draught, ive stripped it right back to the bare minimum, will update with a reply when i get one.

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evening all, I received this email from MOTO today.

 

"Thank you for your email.

I am forwarding it to our appeals team where it will be investigated. However, we suggest that you appeal online at http://www.appealpcn.co.uk to ensure your Notice is placed on hold while your appeal is being considered. Once you have sent your appeal, someone will be in touch with you as soon as possible. Ensure that you have the PCN details at the ready so that they are able to assist you accordingly.

 

Please note, you must send all future correspondence to appeal@appealpcn.co.uk and not to Parking Queries.

 

Kind regards,"

 

So they do say they have sent it to appeals but also suggest i appeal? strange.

 

Regards

47

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Doesn't hurt to do both


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they are fobbing you off.

 

 

I would suggest that you wait for a proper response and chase the matter up if you dont get one.

 

 

As I said earlier,

you can aslo use social media to embarrass the hell out of them if need be

 

 

but if you appeal to CPP then they will all say the matter is in hand and when you get a rejection from CPP you will have nowhere to go.

 

Now WRITE A LETTER to MOTO, email are not taken seriously as you can see.

 

evening all, I received this email from MOTO today.

 

"Thank you for your email.

I am forwarding it to our appeals team where it will be investigated. However, we suggest that you appeal online at www.appealpcn.co.uk to ensure your Notice is placed on hold while your appeal is being considered. Once you have sent your appeal, someone will be in touch with you as soon as possible. Ensure that you have the PCN details at the ready so that they are able to assist you accordingly.

 

Please note, you must send all future correspondence to appeal@appealpcn.co.uk and not to Parking Queries.

 

Kind regards,"

 

So they do say they have sent it to appeals but also suggest i appeal? strange.

 

Regards

47

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received an email from CP plus rejecting my appeal unsurpisingly.

 

 

Looks like MOTO just forwarded it onto them anyway.

 

 

it said

 

"Dear Sir/Madam,

 

Reference : XXXXXXXX

Registration : XXXXXXXX

Case Date : 3 DEC 2016

 

Thank you for your correspondence concerning the above stated Parking Charge Notice.

 

 

The PCN was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations.

 

There are clear signs at the entrance and throughout advising all drivers of the need to pay a fee for any stay exceeding two hours.

 

 

Moving your vehicle to a tenant of the site, such as the petrol station, does not grant any exemption from these restrictions.

 

 

The fact that you may have been unaware of the restrictions that are in place is not considered a mitigating circumstance for appeal. I

 

 

n light of this, on this occasion, your representations have been carefully considered and rejected.

 

 

We can confirm that we will hold the charge at the current rate of £60 for a further 14 days from the date of this correspondence.

 

You have now reached the end of our internal appeals procedure.

 

Although we have now rejected your appeal,

you may still have recourse to appeal to Parking on Private Land Appeals (POPLA), an independent appeals service.

 

 

An appeal to POPLA must be made within 28 days of the date of this letter.

POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount,

that the vehicle was not improperly parked or had been stolen,

or that you were otherwise not liable for the Parking Charge.

 

 

To appeal to POPLA, please go to their website http://www.popla.co.uk and follow the instructions.

 

 

If you would rather deal with this matter by post,

please contact our Appeals Office and we will send you the necessary paperwork.

Your POPLA reference number is: >>>>>>>>

 

Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you may be requested to pay the charge at the full amount and will no longer qualify for payment at the reduced rate.

 

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

 

Yours faithfully,

 

CP Plus Ltd."

 

shall we now go down the angle of them issuing the NTK not within the time frame?

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Sorry but it is a bad idea to appeal to parking co when you want action from MOTO

My psychic powers in post 16 foretold this.

 

If this is a result of MOTO passing the matter on

then I would be writing again and asking them why they have passed it on to the people you are complainting about as you did not authorise any disclosure to them

 

Did you write a letter as you say you got an email.

Again, never use email, they dont take it seriously.

 

 

You must learn certain basic things.

STAY OFF THE PHONE,

email isnt worth the same as a letter

and by giving them your email address you now have given them a method of harassing you for free,

they wont be sending you a letter through the post every day but they will email you like that

 

Regarding your last line.

You are best doing nothing and see what they do.

 

You must also read other popels threads,

the advice they are given applies to you and the methodology especially so.

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I appealed to MOTO and they passed on my details to CP Plus with out my permission. I may write a letter and post it to MOTO appealing for them to cancel it as the land owners and remind them i did not give them permission to disclose my contact details to CP plus.

 

The other thing to consider is CP plus have now provided me with a POPLA reference number and say i have 28 days if i wish to appeal to POPLA

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No, get back to MOTO and tell them that they werent authorised to pass on your details to CPP and that this is a breach of the DPA that is now an actionable tort and you may well sue them for damages as in the case of Davey v UKPC and VCS v Philip and that I will settle this matter for the standard £250 plus their instruction to their servants to cancel the ticket.

 

Do not use email, write to the boss of MOTO, wherever he may be.

You can appeal to POPLA later if you wish, doing this first is more important.

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ive written a letter to MOTO head office as above.

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I received a letter yesterday from MOTO saying

 

"Dear Mr xxxxxxxxx

thank you for contacting us concerning the parking charge notice incurred following a visit to swansea service area. Due to the circumstances and as a gesture of goodwill we have instructed CP plus to cancel notice number xxxxxxxx on this occasion.

 

Thank you for bringing this matter to our attention, Customer feedback is very important and assists us to provide a better service to everyone."

 

So that is the end of that, advice spot on as always, thanks everyone!

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Glad it worked out well for you.

As said, if you invite people to reconsider they wont, tell them that they are allowing people they employ to damage their business and they take a profits based pragmatic approach and will instruct the parking co to behave

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