CP Plus At train Station

Umkomaas

There's no point in appealing to the DVLA, they don't need your permission to divulge your details to a PPC, as they have a DVLA-agreed 'reasonable cause' to seek your details. See here:

https://www.whatdotheyknow.com/request/dvla_selling_personal_informatio

And, you're just one of c2million others whose data has been revealed by the DVLA to PPCs in the last 12 months.

And, at £2.50 a pop, the DVLA has little conscience when it's pulling in £5 million p.a. from private parking 'misdemeanours'!

wolboy

I have just read my letter in regards to the appeals process and it states that unless I have a appealed within the 28 days i cant get a POPLA code.
Although we know i have I may go down the BPA route thanks for the information Coupon.

Coupon-mad

You did challenge well within 28 days!

frazell

Coupon-mad, can you have a look at my response to parking collection services and see what you think?

"Dear Sir or Madam,

Thank you for your notice to keeper received on 22/10/13 in relation to an alleged parking contravention on 02/10/13.

On date in question I was the registered keeper of a (Make) registration number XXX XXX.

As you will already be aware I have appealed to the penalty notice directly to CP Plus on 4/10/13 by e-mail and received confirmation from them that my appeal was received and may take 35days for a formal response.

You will note that it is now outside of the 35day window of response by CP Plus which I believe is a breach of the BPA Code of Practice (CoP) which CP Plus should adhere to as BPA AOS members.

That aside, I am surprised that your Client, CP Plus have now referred the PCN to Parking Collection Services without considering my appeal in full and would suggest that ignoring my appeal is again a breach of the CoP set out by the BPA.

I would again therefore appeal directly to Parking Collection Services the penalty notice as the charges levied are punitive, unfair and unreasonable given the actual loss to the business or landowner/landholder. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

Can you please provide me with the following information for me to make an informed decision on how I deal with the matter;

1. Please provide a full breakdown of the actual loss you say was suffered by your business or the landowner/landholder.
2. Please confirm who you deem liable for this contravention, the driver or the owner of the vehicle. Please provide evidence of same.
3. I would be grateful if you can forward a copy of the Byelaws referred to on the signage which clearly state that this penalty is owed to the business or landowner/landholder and highlight which parts of the Byelaws create this contravention and penalty.
4. The car park signage simply refers to “Byelaws” and “Conditions” is confusing, unclear and insufficient. Please provide evidence where the Byelaws and/or Conditions are listed in the car park in question such that patrons understand their requirements/demands.
5. Please confirm who the landowner/landholder is and provide their details such that I can forward my appeal to them (please note SWT have been copied in to this letter).
6. Please confirm if PoFA applies in this instance, if so then please provide a POPLA code within the prescribed date. If not, then please refer to 4 above and provide evidence of same.
7. Please provide details of your formal complaints procedure. e.g. if you reject this appeal what lawful body can I appeal to.


One final point of note, the signage within the area states that “Section 219 of the Transport Act 2000 – Railway Byelaws, Section 14 under which CP Plus has lawful authority to wheel clamp. All vehicles are parked subject to the Railways Byelaws and Conditions and any breach may result in prosecution”.

Upon review of the referenced section of the Transport Act, you will note (see attached) that these sections of the act have been Repealed In Full and are no longer relevant.

I look forward to receiving your acknowledgement and comprehensive reply within 14 days. If you reject my appeal then please provide a POPLA code within the prescribed date as noted on the reverse of your letter dated 22/10/13.

Regards"


Thanks in advance

Coupon-mad

Yep that looks clear - but remember that PCS are just a trading name of debt collector Debt Recovery Plus who will not be able to issue a POPLA code. Only the PPC (CP Plus) can. So if this was me I would slightly tweak the wording and send it to both CP Plus and PCS.

And complain to the BPA about this PPC (CP Plus) refusing to provide a registered keeper with a POPLA code; attach a copy of the 'Notice to Keeper' and refusal to consider an appeal from a registered keeper. Basically rattle ALL the cages to get that golden ticket of the POPLA code!

frazell

Coupon-mad. Thanks for the advice, much appreciated, I'll let you know how I get on.

wolboy

Good luck fella the letter has everything you want in it. I'm just getting to the stage where paying that £40 quid would have been so much easier but that's what they hope for i guess.

frazell

Wolboy, agreed it would have been easier for me as well. However, sometimes you got to fight these things just out of principle as if we all just allow it to happen then nothing will change.

frazell

Another twist in the saga of CP Plus. I was convinced that CP Plus would fail to respond to my original appeal within the 35day time frame (hence my draft response above), but yesterday, 1day within the time scale they respond with this;

"Thank you for your correspondence regarding the above Penalty Charge Notice (PCN).

You state that you are the registered keeper but indicate that you were not the driver.

‘On date in question I was the registered keeper of a (MAKE) registration number (XXX XXX).

Due to the construction works in the car park the driver was obstructed into the car park and attempted to pay the tariff using the online facility which appears to have failed.’

You then go on to appeal against the PCN, however if you were not the driver you cannot appeal unless you are appealing on the driver’s behalf. If that is the case, please confirm who the driver was and that you are appealing on their behalf and we will then consider your appeal. If you were in fact the driver, please confirm this and we will then consider your appeal.

The PCN has been held at the discounted rate and you have 14 days from the date of this email to pay the reduced charge of £50.00. After this period the charge will revert to the full amount.
Payment can be made by calling the automated payment line on 0845 070 4277 or online at http://www.cp-plus.co.uk/pay-appeal-pcn. Payment can also be made by sending a cheque or postal order payment to the P O Box address below, making note of the PCN reference on the back.

Please note that there is a convenience fee of £1.50 when paying online or by phone.

Yours sincerely"

Not sure what to do with this now? I can obviously see how this plays out.... I tell them who the driver was and they then decline my appeal and say that its a byelaw offence and I'm not entitled to POPLA code.

Coupon-mad, any suggestions? There is still the issue that Parking Collection Services are involved and between them they cant seem to decide if I owe £50, £80 or £120.

Any assistance would be gratefully received.

frazell

Wolboy, I hope you dont mind me adding to your thread btw, I would hate to think you thought it hijacked, but hopefully this stuff will help your case too.

Right, I have had a pop at a response;

"Thank you for your e-mail dated 6/11/13 in response to my appeal dated 4/10/13.

To be honest I am completely confused by your response as you request that I am to inform CP Plus who the driver was but you have failed to respond to that very query within my original appeal where I state;

2. Please confirm who you deem liable for this contravention, the driver or the owner of the vehicle. Please provide evidence of same.


I am yet further confused as I have also received a Notice to Keeper from Parking Collection Services on 22/10/13 (see attached), alleging to be working on the behalf of CP Plus, demanding payment of £120 within 28days? As Parking Collection Services have obtained my details as Registered Keeper from the DLVA and are demanding payment from me as Registered Keeper, do I assume that they, and therefore you (as their Client), have already deemed me personally responsible for this PCN? If this is the case, it seems strange that you are requesting me to confirm who the driver was if you have already convicted the Registered Keeper and are demanding increased levels of fine, without due consideration to my appeal.

Between CP Plus and Parking Collection Services you also appear confused as to the amount owed and I am unsure who to believe in this respect. CP Plus have completely ignored my appeal by passing my information onto Parking Collection Services, this would suggest a breach of the CoP set out by the BPA. It is even more disturbing that the fine has escalated to £120 when it should be ‘held’ whilst you investigate and respond formally.

I would reiterate the requests to CP Plus highlighted in my previous appeal in order for me to make an informed decision on how I deal with the matter;

1. Please provide a full breakdown of the actual loss you say was suffered by your business or the landowner/landholder.
2. Please confirm who you deem liable for this contravention, the driver or the owner of the vehicle. Please provide evidence of same.
3. I would be grateful if you can forward a copy of the “Byelaws” and “Conditions” referred to on the signage which clearly state that this penalty is owed to the business or landowner/landholder and highlight which parts of the Byelaws or Conditions create this contravention and penalty.
4. The car park signage simply refers to “Byelaws” and “Conditions” and is confusing, unclear and insufficient. Please provide evidence where the Byelaws and/or Conditions are listed in the car park in question such that patrons understand their requirements/demands.
5. Please confirm who the landowner/landholder is and provide their details such that I can forward my appeal to them (please note SWT have been copied in to this letter).
6. Please confirm if PoFA applies in this instance, if so then please provide a POPLA code within the prescribed date. If not, then please refer to 4 above and provide evidence of same.
7. Please provide details of your formal complaints procedure. e.g. if you reject this appeal what lawful body can I appeal to.


One final point of note, the signage within the area states that “Section 219 of the Transport Act 2000 – Railway Byelaws, Section 14 under which CP Plus has lawful authority to wheel clamp. All vehicles are parked subject to the Railways Byelaws and Conditions and any breach may result in prosecution”.

Upon review of the referenced section of the Transport Act, you will note (see attached) that these sections of the act have been Repealed In Full and are no longer relevant.

May I suggest that you also defer Parking Collection Services threats of increased fine until this matter is resolved and I look forward to receiving your acknowledgement and comprehensive reply within 14 days. If you reject my appeal then please provide a POPLA code within the prescribed date as noted on the reverse of the Notice to Keeper issued by Parking Collection Services dated 22/10/13."

Any comments, or barking up the wrong tree?