CP Plus At train Station

Kite2010

So the line quoted on the CP Plus signage at railway stations quoting the transport act 2000 to why they can still call the invoices penalties & clamp has been superseded with a new law?

frazell

Kite2010, I have read a few threads about s219 still being enforced by magistrates despite being repealed.

I cant find the reference now but it was in relation to a guy that didn't have a valid ticket on a train and used the fact it has been repealed as his defense. The judge said that it was still enforceable by the TOC.

But thats the whole point about this, its all smoke and mirrors and nobody really knows, including the likes of CP Plus, what is enforceable and what isnt. These parking companies just rely on fear to make people pay up.

wolboy

Well I wrote to them but not sure what to make of the time frame in which it could take! I guess I will still get letters from CP Plus in the mean time and I will just ignore them this is what came back from passenger focus.

Thank you for contacting Passenger Focus.
I am sorry to read about the problems you have encountered. Passenger Focus is the statutory watchdog protecting and promoting passengers' interests. I see that you have been in touch with South West Trains and that you have contacted us because you haven't received a response.
We will now consider the issues and escalate your case on your behalf. I will be your main contact so please send me any further documentation you have which may support your case – my contact details are below.
I hope to be able to resolve your case by 8 Janurary 2013. If it is not possible to provide a reply by then I will contact you to inform you of the current situation.

frazell

Wolboy, same response for me. The reality was a much faster and proactive response period. Give them the info they need and I'm sure they will do their best.

wolboy

Well I gave them all the email info and dates and the PCN number etc so will just wait to hear back and I will let you Know thanks for the idea Frazell.

wolboy

had my reply and the ticket is cancelled many thanks for all your help here is the reply and mine had to go to another area within customer relations.

Thank you for your email of 07 September 2013.

From the outset please accept my apologies for the delay in replying to you
which occurred due to an unacceptable administration error. I very much
regret the additional frustration and anxiety caused.

I am sorry to learn you have concerns with a Charge Notice issued to you. I
have spoken with our Retail Contracts Manager who has advised CP Plus to
cancel the Charge notice against you with immediate effect. Again my
apologies it has taken so long for this to be resolved. Our car parks are
enforced under Railway by laws and extract of which I have copied for you
below:

14. Traffic signs, causing obstructions and parking

(1) No person in charge of any motor vehicle, bicycle or other conveyance
shall use it on any part of the railway in contravention of any traffic
sign.

(2) No person in charge of any motor vehicle, bicycle or other conveyance
shall leave or place it on any part of the railway:
(i) in any manner or place where it may cause an
obstruction or hindrance to an Operator or any person using the railway; or
(ii) otherwise than in accordance with any instructions issued by or on
behalf of an Operator or an authorised person.

(3) No person in charge of any motor vehicle, bicycle or other conveyance
shall park it on any part of the railway where charges are made for parking
by an Operator or an authorised person without paying the appropriate
charge at the appropriate time in accordance with instructions given by an
Operator or an authorised person at that place.

...Continued

(2)

(4) In England and Wales
The owner of any motor vehicle, bicycle or other conveyance used, left or
placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as
displayed in that area.

(ii) Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle or
other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3)
may be clamped, removed, and stored, by or under the direction of an
Operator or authorised person.
(iii) The owner of the motor vehicle, bicycle or other conveyance shall be
liable to an Operator or an authorised person for the costs incurred in
clamping, removing and storing it provided that there is in that area a
notice advising that any vehicle parked contrary to these Byelaws may be
clamped, removed and stored by an Operator or an authorised person and that
(i) the costs incurred by an Operator or an authorised person for this may
be recovered from the vehicle's owner.
(iv) The power of clamping and removal provided in Byelaw 14(4)(ii) above
shall not be exercisable in any area where passenger parking is permitted
unless there is on display in that area a notice advising that any vehicle
parked contrary to these Byelaws may be clamped and/or removed by an
Operator or an authorised person.

I am sorry to trouble you further but if you would please advise me of the
name of the station car park where you have experienced difficulties due to
essential station improvement work taking place I can ensure the Station
Manager takes action.

Please accept my renewed apologies and thank you again for taking the time
to write to us.

frazell

Another +1 for passenger focus!!! Well done Wolboy! What a frustrating and drawn out experience? But a result nevertheless.

May I suggest that you get all the details confirmed in one e-mail with it clearly noted that it is cancelled. Wouldn't want our friends CP Plus or they collection agencies 'forgetting' and hounding you further.

Coupon-mad

Well done, and well done Passenger Focus! :T

So the byelaws must be the Railway byelaws that apply to all car parks owned by that TOC seeing as the person replied without even knowing which station this occurred at! And it says the OWNER is liable then, so on what possible basis does the driver have to pay if clamped?!

Also this bit doesn't state what the costs are of clamp removal!

(4) In England and Wales
The owner of any motor vehicle, bicycle or other conveyance used, left or
placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area.

(ii) Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle or
other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3)
may be clamped, removed, and stored, by or under the direction of an
Operator or authorised person.
(iii) The owner of the motor vehicle, bicycle or other conveyance shall be
liable to an Operator or an authorised person for the costs incurred in
clamping, removing and storing it provided that there is in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped, removed and stored by an Operator or an authorised person and that (i) the costs incurred by an Operator or an authorised person for this may be recovered from the vehicle's owner.

:cool:

I will add a link to this success in the successful complaints sticky thread.

Snoopersparadise1979

I received one of CP Pluses tickets today at Brookwoods train station. Reason because I was parked in a season ticket holder bay. No other bays were available. Reason on ticket - 07 (parked in a restricted area) 6 spaces left at end. I've appealed and have asked them to provide evidence of the 6 bays free 'at end' at the time that I parked my car.
I paid the correct parking fees at the time I parked my car. From what I can read online, I should be able to successfully contest this - I may just need some support...... I'm not paying a £50 reduced fine for parking in a spot which was the only one available close to the non season ticket holder bays at the time!!

enfield_freddy

IF you need help , please start a new thread , asking for it , at the moment you have tagged onto a thread that is almost 2 yrs old ,


but please read the Newbies" thread on the start page , that will assist you a lot