CP+ ANPR PCN - double dipping? - Frankley service station M5 southbound supposed 25 hour stay!! ***PCN Cancelled***

[connect4]

I’ve had a parking charge arrive on the 25 February from CP plus for allegedly parking on Frankley service station M5 southbound from 5/2/23 at 08.40 till 6/2/23 at 13.18 the date of issue is 14/2/23

 

gives me till the 28/2/23 to appeal or pay at reduced rate ( 11 days between issue and arriving in my letterbox) 

 

My issue with the ticket is

I arrived at service station and left immediately on two consecutive days.

 

Arrived on the 5/2 at 08.40 and left within a minute the same on the 6/2 arriving at 13.17 and leaving at 13.18.

 

The parking company are using my arrival from one day and my exit from the following day.

 

How do I appeal this? 
Regards

[Nicky Boy]

Hi Connect,

First DON'T APPEAL!

You could lose useful legal protection...

 

Also, this sounds like a classic case of "double dipping".

 

Could you please fill in the sticky below.

 

 

The usual advice is to ignore any paperwork they send, unless you receive a "Letter of claim".

 

Keep all the letters they send safe. (They can come after you 6 years down the line... No kidding!)

[connect4]

1 Date of the infringement 05/02/23 - 06/02/23

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 14/02/23
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

 

3 Date received 25/02/23
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No
 

5 Is there any photographic evidence of the event? Yes
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

Have you had a response? [Y/N?] 
 

7 Who is the parking company? CP PLUS

 

8. Where exactly [carpark name and town] Frankley service station M5 southbound Birmingham 
 

 

 

 

Sorry taken so long. Had to work out scanning and files

Regards 

 

2023-02-14 CP+ PCN.pdf

[brassnecked]

Presumably you have proof of being elsewhere during the intervening period they claim you were there?

That should actually sink them but do not appeal.

[Nicky Boy]

Looks like they've done the usual trick of printing a date on the NTK, then posting it several days later.

Presumably to shorten the discounted payment time, hoping to panic their victims into paying up as quick as possible.

 

I know there's been problems with mail, but as far as I know it's more or less back to normal...

 

11 days is taking the mick!

[connect4]

I haven’t got anything in the way of a receipt to prove I was elsewhere between the dates. I travelled to Derby in the afternoon of the 5/2 to watch a Futsal game with family then returned home. Any ideas on how I can prove where I was? 

[brassnecked]

Location data from your phone perhaps?

[Nicky Boy]

Dids you buy anything?

 

Do you use a tracking app for vehicle insurance purposes?

 

Google history?

 

If nothing else, it sounds like you will probably have a few witnesses to write statements if needed.

[connect4]

Thanks dx, Nicky Boy

Checked location services on iPhone - I don’t have any, not switched on. No google searches available. I didn’t purchase anything on my travels and don’t have car tracking insurance. 
I did take a couple of videos at the futsal match so that has time and date information on it, which would be 12.15 ish on 05/02/23 at Derby University sports hall. And then most of the away team members UEA know I was at the game. I could get a few witness statements to say I was there. If it helps? 

[lookinforinfo]

CP+ have failed to comply with the provisions of the Protection of Freedoms Act 2012.

Therefore they cannot pursue the keeper for the charge-only the driver. As you haven't appealed they do not know who was driving  and as anyone with a valid motor vehicle insurance policy can drive your vehicle they have their work cut out.

 

In your case I would appeal because then you will have put them under notice that they had no reasonable cause to contact the DVLA.

 

Please stick to these words.

"I am writing to tell you that I understand from the driver that they visited the car park on two occasions on the 5th and sixth of February at approximately the same times. I am the registered keeper and will not be divulging the name of the driver. But this letter serves to point out that your ANPR cameras are not fit for its purpose and so you had no reasonable cause to obtain my details from the DVLA.

Please confirm that you have cancelled the PCN and removed my details from your records."

[connect4]

Thanks lookinforinfo I’ll write to them using your exact words. I Appreciate your time

[FTMDave]

Get a free Certificate of Posting from the post office.

 

Do not expect them to accept your appeal.  These vile companies never accept appeals.

 

The point is to undermine their case and show them that you are trouble. 

[FTMDave]

I'm thinking that as well as the above it would be a good idea to write to the CEO  of MOTO  https://ceoemail.com/s.php?id=ceo-9094&c=Moto Hospitality-Chief Executive  and explain what happened and ask them to get the ticket cancelled.

 

Sometimes writing to the organ grinder gets excellent results within hours. 

 

Other times the company is completely uncooperative.

 

It all depends on the company policy.  However, surely worth a try.  Nothing ventured ...

 

 

[dx100uk]

6 hours ago, connect4 said:

I did take a couple of videos at the futsal match so that has time and date information on it, which would be 12.15 ish on 05/02/23 at Derby University sports hall

that'll do. 

[brassnecked]

yes that's their double  dipping wheeze sunk

 

[Gick]

When you write to MOTO, be careful not to disclose that you were the driver as they could well forward your letter to the fleecers. Something like :-

"On  (day date) a party in my vehicle (Reg) visited your premises for a period within the published permitted limit. The following day we were returning home and also visited. Unfortunately CP plus have confused the two visits as one continuous stay. I do have evidence that the party were elsewhere during the intervening period.

I ask that you use your kind offices to have CPplus cancel the PCN and I would suggest that you request that they update their system to avoid other of your valued customers having the stress of being wrongly accused in this manner."

 

[connect4]

Thanks Gick and FTMDave. I don’t think asking Moto to cancel the ticket would work. A lot of people over the years have used the services to exit the motorway, which is possible. Hence people’s stay are a minute or less. I have since seen works are happening to prevent this in the future. CP plus have got the arrival picture from one day and the exit from the next day. 
Regards

[Nicky Boy]

1 hour ago, connect4 said:

I don’t think asking Moto to cancel the ticket would work.

connect4,

It has worked numerous times in the past.

 

What have you got to lose?

5 minutes writing an email, or

A sheet of paper, an envelope and a stamp...

Edited February 28, 2023 by Nicky Boy

[FTMDave]

Beat me to it Nicky Boy.

 

In fact if Connect e-mails they won't even need the stamp.

[connect4]

Morning All

I have received a reminder to my parking ticket yesterday dated 3/3 

I did post a letter (proof of posting) with the wording that ‘looking for info posted’ ( 27/2) I would have expected them to have received it before the reminder was sent out. How to approach this one? Should I email next ? I will then have another proof of contacting to refute their claims. They are good at delaying posting as this letter has taken 8 days to arrive. It doesn’t give me enough time to respond before the next stage is started. Have uploaded the latest letter

Regards 

 

0000000000 2.pdf

[honeybee13]

Don't rush to email CP+. It gives them a cheap way to hassle you and also makes them think that if they put sufficient pressure on you, you'll cough up.

 

See what the guys think though, sometimes there are reasons for emailing.

 

HB

[brassnecked]

Its a reminder, ignore it for now/  You cannot reason with these people.

[connect4]

Thanks honeybee and brassnecked I’ll sit tight for now 

 

[FTMDave]

I see the original charge of £100 has now morphed into £140.  Bad own goal from them.  They are members of the BPA whose CoP states that £100 is the maximum sum allowed - see point 20.5 here  https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2020_v8(2).pdf

 

Even their threat on the original PCN to increase the amount was after 28 days, yet they've added it after 17 days.

 

Ho!  Ho!  Ho!  PCN completely invalid.

 

As others have said, ignore them now.  You can blast their case out of the water with a snotty letter at Letter of Claim stage, if it ever gets that far.

 

Any joy with MOTO?

 

 

[connect4]

Thanks FTMDave, sorry it’s taken a while to respond. I’ve just sent the email to Moto. We’ll see if I get a response. Thanks for your links and advice. Also thanks to Gick for the wording.