CP Plus parking charge - do I have to pay?

[Buel10]

Hi all.

 

I used my wife's car last week for an appointment at the hospital. I didn't see any parking meters but then again I am not very observant at the best of times. She has now received a letter from CP Plus asking for £15 if paid before a certain date, which has now passed. Please can I ask if I have to pay this and does she have to tell who was driving the car?

 

Thank you all.

[honeybee13]

Hello there.

 

Is CP plus a private parking company please? You've posted in the speeding and motoring offences section. If it's a PPC, we can move the thread for you.

 

HB

[Buel10]

Hello there.

 

Is CP plus a private parking company please? You've posted in the speeding and motoring offences section. If it's a PPC, we can move the thread for you.

 

HB

 

Apolgies, yes it is.

Thank you.

[maroondevo52]

Thread moved to appropriate Forum.

[ericsbrother]

the exact wording of the demand is critical to create a keeper liability in these matters otherwise they can only claima contract with thr driver, who is unknown to them and you are not obliged to help them find out who this is. If you can post up the notice to keeper received with personal details, car reg and their ref number blanked out we can read t and advise what to do next. If the hospital is nearby a picture of the signs there would be very useful as well. generally these parking co's are not very good at their job.

[Homer67]

Firstly I would be complaining very loudly to the NHS Trust PALS (Patient Advice & Liaison Service) and copying the email to the CEO of the Trust. Always refer to 'the driver' and never name or admit who was driving though.

[ericsbrother]

agree, better to get the hospital to cancel it rather than have to play along with these bandits. Anyway, it gives you a second bite of the cherry at least. Do this before contacting the parking co and wait for a reply. The discount deadline is irrelevant of you arent going to pay.

[Buel10]

the exact wording of the demand is critical to create a keeper liability in these matters otherwise they can only claima contract with thr driver, who is unknown to them and you are not obliged to help them find out who this is. If you can post up the notice to keeper received with personal details, car reg and their ref number blanked out we can read t and advise what to do next. If the hospital is nearby a picture of the signs there would be very useful as well. generally these parking co's are not very good at their job.

 

Apologies for the delay. Regarding the wording, here is the letter:

[ericsbrother]

they keep referring to their client. This means they ahve no rights in the matter and also they ahve unlawfully obtained your keeper details. The content of the letter is not compliant with the POFA so no keeper liability can be created and also they list a load of charges that they will add that are against the Consumer Contracts regs 2013 so they are breaking the law by adding that.

In short I would ignore them and have a real go at the hospital trust about the illegality of their parking poodles activities and that you will be holding the trust liable for the breaches of the law and possibly be seeking damages from the trust for the same.

[Buel10]

Anyone else back this up?

[honeybee13]

Anyone else back this up?

 

I'm not sure what you mean, Buel. Are you asking whether EB knows his stuff?

 

HB

[Oddfellow]

Anyone else back this up?

 

 

Read a few more of the threads on this forum

[ericsbrother]

you either want to challenge this or you dont. Have you given the trust a bashing by letter yet? If not do so. Anyway, the NTK isnt POFA compliant to create a keeper liability ( you are going to read the legislation so you dont have to believe me arent you?) so as long as you do not identify the driver at the time they cannot lawfully claim anything.

 

As parking companies are just greedy immoral gits they arent just going to accept any logical and correct legal argumant as an appeal, why should they give up their income stream just because they dotn obey the law?

 

When you understand this you will see why we bother to help people but they must help themselves by getting into the right mindset to want to put up with the parking co's harassment and deceits to win the long game.

 

There is rarely a short solution but you best chance of that is the complaint to the hospital trust in writing aboout the illegality of the parking co's actions and let them know that you have the right to sue them for their servant's misdemeanours.

Edited February 13, 2017 by honeybee13
Paras.

[Buel10]

Many, many apologies. It would seem that my request for confirmation has resulted in annoyance - this was not my aim.

What hasn't helped is that I followed up on advice on a different thread on another forum and wished I hadn't.

 

Thank you very much for the kind help. Letter to the hospital on its way....

[ericsbrother]

Not annoyance, we regulars read hundreds of posts on a wide range of different consumer matters. Some people are brilliant at consumer debt legislation ( andyorch) some on housing law (ell-enn) some like me have no great expertise in any field but experience in a wide range of different fields.

 

I have taken my local council as far as the house of lords some years back over the right to buy legislation, I was a trade union rep and safety rep for many years and worked in a scientific field that included forensics so I like to analyse things and that includes private parking contracts as I have had the misfortune of crossing most of the companies you come across on these threads.

 

So, we know the tricks the parking co's use to get money when they dont actually have any right to claim it. Hospital parking is quite contentious for several reasons but there is always the added stress of the occasion involved that you will never get in a supermarket car park. This makes a lot of people give up and pay up when there is no real reason to pay. We understand this and wont berate you for doing so but will always caution you that this doesn't necessarily stop the parking co from continuing to harass you. There are cases where people still get demands for monies they have already paid. one person has been followed and photographed to prove he was driving a car when teh time and place were completely different so not relevant etc. By making people aware that they have the opportunity to challenge the unfair practices it will,eventually lead to better parking management as the crooks and chancers will lose money and disappear and the better ones adapt to keep up.

 

In your case, by going after the people at the top the parking co will do as they are told. If you appeal to them they arnt going to want to accept a cut in their income so will continue to say black is white and pursue you. Reading a wider spread of topics will give you a better idea of what is what and more importantly what is not what. Basic pieces of legislation are a must, so the POFA is a starting point as the parking co's have to obey the protocols contained in it to give them a reason to write to you as the keeper of the vehicle.

 

Contract law is more complicated as there have been a number of decisions in various courts that have an effect on parking that is not covered by consumer legislation but rather commercial business to business type considerations. This creates a uniformity in the eyes of the law but leave the motorist at a disadvantage as they dont usually drive around with a £400 per hour barrister in the passenger seat just to read road signs.

 

Let us know when you get a response and we will suggest what to do next of they arentr agreeable to telling their servants what to do.

Edited February 14, 2017 by Andyorch
Paras

[BazzaS]

My letter from CP Plus fails as they got the car wrong.

 

However in that thread http://www.consumeractiongroup.co.uk/forum/showthread.php?474676-CP-ANPR-plate-misread

I address their failure to adequately create keeper liability, so I agree with EB they fail to meet the requirements in Schedule 4 of PoFA 2012

[zydeco]

They failed at the first step,

Date of parking, 8.12.16

Date of notice, 29.12.16

Out of time for keeper liability.

[ericsbrother]

One of the reasons to get the trust to cancel, if they dont you then use the other points on the parking co and copy that to the trust telling them thay they have employed a buch of ignorant chancers that will get the hospital's name dragged through the mud and possibly the courts. These public bodies hate any publicity that shows them up for what they are, a buch of amateur pen pushers who shouldnt be allowed to run the car park, let alone the hospital.