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  • FIRST POST
    • Madzamdzasz
    • By Madzamdzasz 5th Jan 18, 1:10 AM
    • 29Posts
    • 9Thanks
    Madzamdzasz
    CP Plus PCN appeal rejected. Is it worth appealing to PAOLA and how?
    • #1
    • 5th Jan 18, 1:10 AM
    CP Plus PCN appeal rejected. Is it worth appealing to PAOLA and how? 5th Jan 18 at 1:10 AM
    CP Plus PCN appeal rejected. Is it worth appealing to POPLA and how if yes? Can anyone help PLEASE?

    The driver parked at Giltbrook retail centre at Nottingham. Shopped at Ikea. Car park is free. The car park was full, there is a shed situated across 4 parking bays, parked just behind it. It didn't cause any obstruction to anyone at all. There was no signage nowhere on the site or entrance. The driver took lots of pictures as a prove and attached it to the email when the keeper appealed to cp plus but they seem to ignore the fact that there is no signage.

    This is my appeal:
    Re: PCN No. CPxxxxx
    I challenge this 'PCN' as keeper of the car.
    I believe that the car park in question has no signage to explain what the relevant parking terms and restrictions are as established in Parking Eye Ltd v Beavis.

    This means no contract can be formed with the landowner. Please see attached evidence, I have gathered as a proof. The pictures clearly shows there is no signage on the entrance or anywhere at all to be seen on the side of the car park that the car was parked.

    As there are no signs on the car park in question, the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis, is failed.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Their answer:

    Thank you for your email regarding the above Parking Charge Notice (PCN).
    I have carefully reviewed the case and have considered the points that you raised. Unfortunately, I cannot cancel the PCN and it is still payable. I have explained my findings in more detail below.
    My findings
    The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued.

    I attach photographic evidence taken at the time of the parking contravention.

    The signage on site is sufficient and is in line with the guidelines laid down by the British Parking Association (BPA).

    The majority of motorists who park at the site do so without receiving a PCN. This is undoubtedly due to the fact that they are aware of the terms and conditions of the site. If, as you claim, the signage was inadequate, the terms and conditions of the site would be unknown to the majority of drivers and many more PCNs would be issued here.
    You have objected to our processing of your data under Section 10 of the Data Protection Act 1998. However, you have no right to object to our doing so if:
    you have consented to the processing;
    the processing is necessary:
    in relation to a contract that the individual has entered into; or
    because the individual has asked for something to be done so they can enter into a contract;
    the processing is necessary because of a legal obligation that applies to you (other than a contractual obligation); or
    the processing is necessary to protect the individual!!!8217;s !!!8220;vital interests!!!8221;.
    the processing does not cause unwarranted and substantial damage or distress.
    Your details were obtained from our client as the liable party in this case.
    We believe that our holding of your details on the file is correct due to the validity of the parking charge and we do not believe that our processing of your data will cause you unwarranted and substantial damage or distress. Therefore, we will not remove your details from our system.
    What you need to do now
    You now have three options to choose from:
    1) Pay the PCN at the prevailing sum of £120.00 by 24/01/2018. Payment can be made online or by phone. Go to xxx or phone xxx. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent if applicable.
    2) Make an appeal to POPLA (Independent Appeals Service) by appealing online at xxx (verification code: xxxxxxxxxx). The only grounds for making an appeal are stated on the website and to be considered the appeal must be received by POPLA within 28 days of the date of this correspondence.
    3) If you choose to not make payment or appeal, the amount outstanding may be sought via a debt recovery company and/or court action where further costs may be incurred as a result.
    More Information
    By law we are also required to inform you that Ombudsman Services 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.
    Last edited by Madzamdzasz; 05-01-2018 at 10:58 PM.
Page 3
    • Madzamdzasz
    • By Madzamdzasz 5th Feb 18, 11:09 PM
    • 29 Posts
    • 9 Thanks
    Madzamdzasz
    Ok I will try. What do they mean the landowner as their "client" or who is the creditor?! I just can't get my head around it. Need to send it by tomorrow...
    it's too time consuming I think that's why people just choose to pay the tricksters
    Originally posted by Madzamdzasz
    I'll tell you what they've done. They have got a back office admin company (debt collector) to write that letter, which is why it talks about 'our client'.

    Trouble is, the letter has been designed to look like it's sent by CP Plus, and very clearly says the creditor is not them but their 'client' who any reasonable person must only take to mean the landowner!
    Originally posted by Coupon-mad
    Oh OK I understand more now. They have said this in their evidence pack.

    https://imagizer.imageshack.com/v2/320xq90/r/923/l1KOtn.png

    They say Debt Recovery Plus but on the payment slip it says Parking Collection Services
    Last edited by Madzamdzasz; 05-02-2018 at 11:21 PM.
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 11:21 PM
    • 54,106 Posts
    • 67,779 Thanks
    Coupon-mad
    Well you were not appealing to DRPlus were you, you thought the NTK was from CP Plus. It clearly was!

    Anyway, I seem to recall you are at comments stage, about the evidence.

    So, what date is on the British Land contract, can you read it all (have they covered half of it up, if so, point out to POPLA it could say anything). Who signed it, when, how long does it last, is it still current?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Madzamdzasz
    • By Madzamdzasz 5th Feb 18, 11:37 PM
    • 29 Posts
    • 9 Thanks
    Madzamdzasz
    Well you were not appealing to DRPlus were you, you thought the NTK was from CP Plus. It clearly was!

    Anyway, I seem to recall you are at comments stage, about the evidence.

    So, what date is on the British Land contract, can you read it all (have they covered half of it up, if so, point out to POPLA it could say anything). Who signed it, when, how long does it last, is it still current?
    Originally posted by Coupon-mad
    That's right I had no idea this wasn't CP plus,
    Yes, I need to submit comments to their evidence but I also want to email POPLA pdf document to include some photos. Is it worth doing at this stage and is it worth adding those comments about POFA act now?

    The date on contract single sheet they sent? There is no date at all and no full contract, single sheet with just some names and nothing else called the agreement.
    Last edited by Madzamdzasz; 05-02-2018 at 11:41 PM.
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 11:58 PM
    • 54,106 Posts
    • 67,779 Thanks
    Coupon-mad
    The date on contract single sheet they sent? There is no date at all and no full contract, single sheet with just some names and nothing else called the agreement.
    Put that in your comments near the top, because POPLA are fairly good at noticing that. You can email your comments but beware making the comments too long, and do not add new evidence, only comments on the evidence and maybe a couple of pictures (but POPLA might not allow them as it's adding something new).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Madzamdzasz
    • By Madzamdzasz 6th Feb 18, 12:01 AM
    • 29 Posts
    • 9 Thanks
    Madzamdzasz
    Put that in your comments near the top, because POPLA are fairly good at noticing that. You can email your comments but beware making the comments too long, and do not add new evidence, only comments on the evidence and maybe a couple of pictures (but POPLA might not allow them as it's adding something new).
    Originally posted by Coupon-mad
    Ok. Many thanks to you for all your time and help. I'll let you know on the decision. Hope it will be fair on me.
    • Madzamdzasz
    • By Madzamdzasz 22nd Feb 18, 8:24 PM
    • 29 Posts
    • 9 Thanks
    Madzamdzasz
    Hello everyone,
    I got the decision today. I can not believe but it is SUCCESSFUL!
    Thank you all for your comments on my thread. It's thanks to you and this forum I was able to put my appeal together and don't let CP Plus to rip me off! It took me hours of reading and writing but now I can say it was definitely worth it.
    Special thanks to Coupon-mad!
    • Coupon-mad
    • By Coupon-mad 22nd Feb 18, 8:28 PM
    • 54,106 Posts
    • 67,779 Thanks
    Coupon-mad
    Great! Never in doubt, honestly.

    Please copy & paste the decision into 'POPLA Decisions' at the top of this forum, but firstly separating their 'wall of words' into small paragraphs so we can read it easily, and state which parking firm you beat, as the 'decision' wall of words never says.

    And provide on that thread, a link back to this thread so people can read about how you did it.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Madzamdzasz
    • By Madzamdzasz 22nd Feb 18, 9:14 PM
    • 29 Posts
    • 9 Thanks
    Madzamdzasz
    Will do. Thank you again!!! Hope this will help another person to win!
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