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Car Parking Partnership fine

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  • Firstly, many thanks for the good work that the people on this thread have created. I have recently (Mid September 2014) won my appeal to POPLA using the guidance and templates linked in this thread. In my appeal I used all of the points covered off (i.e. Excessive charges, no contract, signage etc. etc). however in POPLA's response they essentially stated that they didn't even bother reading my whole appeal and upheld in on one simple point:

    No Genuine Pre Estimate of Loss.

    I.e. The scammers (in this case CP Plus) could not genuinely prove that the charge that they levied against me was in any way shape or form proportionate to the charge they proposed and that they would have incurred the same charges (lighting, maintenance, staffing of the car park etc) whether a car was parked in a space or not. I would strongly advise anyone wishing to appeal to POPLA to focus their appeal on this point. A summary of my case is below:

    Rec'd a "Penalty Charge Notice" from CP Plus re. a stay at one of their Motorway Stations.

    Fine was £100 reduced to £50 if paid within 14 days.

    I appealed to CP PLUS as per templates here. Appeal rejected stating that they were aware I was using a standard template.

    I appealed to POPLA using all of the points in the threads, explicitly stating "how can £100 be a genuine pre estimate of loss when they are willing to cut it £50 if paid within 14 days".

    POPLA found in my favour. Hope that helps.
  • Sorry guys for posting on this thread. I don't want to upset anyone, but my question is slightly different.

    I received a ticket from CPP, and appealed against the decision and it was rejected (as expected). However I received a standard letter in the post with no POPLA code on it. Given it's xmas no one is really answering on the phone. I have 14 days from the 15th of Dec to pay or appeal to POPLA.

    My question is where do I get a POPLA code if CPP haven't provided me with one and they don't answer there phone calls. Also sent a letter recorded delivery to the address on their website and it was returned to me undelivered.

    What should I do next, any advice will be appreciated.

    Regards
  • Umkomaas
    Umkomaas Posts: 43,351 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You need to start a new thread of your own if you want further ongoing advice. But to help you in your next step(s) I'll offer the following:

    1. Sometimes a POPLA code is 'hidden' at the top of the rejection letter underneath 'Our Ref', 'You Ref' 'PCN Ref No', and other 'guff' like that, so, if you haven't already done so, have a close check there.

    2. If there is definitely no POPLA code you need to send a complaint to Steve Clark of the BPA and the DVLA (email addies in the NEWBIES FAQ sticky, post #6) stating that CPP are not following the requirements - a reminder of which was issued to all PPCs earlier this year, which said:
    “the following practices may be considered as Code breaches and must not be continued:
    • Asking the motorist to enter into additional correspondence to obtain a POPLA code
    • Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
    • Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
    • Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

    3. Do read the NEWBIES FAQ sticky so as you understand more about this whole process, the more you know, the better you will handle this.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thank you Unkomas, much appreciated. I will start a new thread. Haven't posted on forums in years so i'm sorry if I make any mistakes.

    I will start a new thread.

    Just a quick question for clarity, having through the forum, the way I understand it is that I have 28days to pay, then I get a notice to keeper. Then I make a formal representation and explain. If that is not accepted then I go through the POPLA route?
  • Coupon-mad
    Coupon-mad Posts: 151,685 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 December 2014 at 4:16PM
    However I received a standard letter in the post with no POPLA code on it. Given it's xmas no one is really answering on the phone. I have 14 days from the 15th of Dec to pay or appeal to POPLA.
    Are you sure it's not hidden in a reference at the top of the letter? As explained by Umkomaas. Also you never only have 14 days to appeal to POPLA, the code is valid for 28 days so find it on the letter - look for 10 numbers with the middle ones being something like '3504' or similar, with a 4 as digit number seven.

    DO NOT PHONE THE CHANCERS!
    I will start a new thread.

    Just a quick question for clarity, having through the forum, the way I understand it is that I have 28days to pay, then I get a notice to keeper. Then I make a formal representation and explain. If that is not accepted then I go through the POPLA route?
    Yes but you have already appealed (hope you haven't said who was driving?!) so the rejection letter should have the POPLA code. Please start your own thread if you really need to but 'How to win at POPLA' is already covered in post #3 of the NEWBIES sticky.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,351 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you Unkomas, much appreciated. I will start a new thread. Haven't posted on forums in years so i'm sorry if I make any mistakes.

    I will start a new thread.

    Just a quick question for clarity, having through the forum, the way I understand it is that I have 28days to pay, then I get a notice to keeper. Then I make a formal representation and explain. If that is not accepted then I go through the POPLA route?

    No, you've already passed that point by appealing prematurely. You need the POPLA code for the next stage in this process. Short of receiving that you're unlikely to get any other correspondence from the PPC, only demands for your money (quite possibly from a debt collecting agency which is totally unable to do any thing other than send you letters or phone calls).

    Did you re-check your letter for a hidden POPLA code - it's 10 digits long.

    Any further question please on a new thread.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • lordsnooty01
    lordsnooty01 Posts: 19 Forumite
    Part of the Furniture Combo Breaker
    edited 14 May 2015 at 10:55AM
    Moved question to own thread.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Please start your own new thread rather than hijacking this one. :)
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