CP+ and Railway Byelaws

Coupon-mad

So, Puddings, your 6 months are up - as we said - this was NEVER a valid 'penalty' at all, they were hiding behind the byelaws to get away with not giving you a POPLA code. This is worthy of a complaint to the BPA and DVLA, especially as CP Plus also do the same thing as an excuse to CLAMP cars as well. This is not on, unsustainable and not justifiable as a business model for an AOS member at all - in fact you could go as far to say it could be construed as fraudulent misrepresentation.

As HO87 said 'CP+ and the TOC - as they are working on behalf of them (presumably) are acting beyond the law in seeking to impose a penalty for which there is no legal provision.'

Complain by email, strongly stating the situation and how you think CP Plus are hiding behind byelaws that do NOT support the ticket at all, to David Dunford of the DVLA (email addy is in post #6 of the NEWBIES sticky). Complain even more if you are still getting debt collector letters about this, because after six months it is now GAME OVER. Also complain to the BPA about this misrepresentation and avoidance of POPLA, because this NEVER fell within the byelaws, was misrepresented from the start and was then handed over to a debt collector rather than to the TOC. The fact that the BPA are allowing CP Plus alone to do this (the only firm in the AOS to issue 'PENALTIES' and to clamp cars) is quite possibly allowing a criminal offence.

Puddings

Hi CM

So sorry I have only just seen your post - I wil definitely get onto doing as you say and see what comes out of it.

I am still receiving debt collection letters each giving me 2 weeks to pay and stating solicitor and courts costs etc as before. The amount changes each time from the full £120 to a reduced £96.

Many thanks again for your help and time spent here.

Puds x

HO87

I go along with C-M's suggestions with a minor caution.

Although the TOC have six calendar months within which to "lay an information" they can serve the resulting summons a good while after that. It has been known for other prosecuting bodies to lay the information a day before the cut-off but then take as long as another month (or even longer) to serve the summons.

I suggest that before you do anything else that you contact the magistrates court that covers the railway station in question (I appreciate that may take a little research) and establish whether a summons has been issued in your name by the Training Operating Company.

If the answer is "No" then go ahead with the remainder of C-M's suggestions.

You might wish to sprinkle your complaints with phrases like "your members (both CP+ and DR+ are BPA members) conduct would appear to amount to the tort of deceit"; "in any event your members have alleged that a criminal offence contrary to the railway byelaws was committed but failed both to identify the offence, to bring it to my attention without delay or to offer me the opportunity to account for it as required by the Police & Criminal Act Codes of Practice. This means that any successful prosecution was doomed to fail."

"On any reasonable interpretation of the facts it is clear that from the outset there was never any intention to prosecute me and the inclusion of the threat to do so was intended to deceive me into making payment of a charge that is not and was not due under any criminal provision. In so doing both CP+ and DR+ jointly and severally entered into a course of conduct that they knew, or ought to have known, amounts to harassment of another contrary to s.2(1) Protection from Harassment Act."

I think you get the idea.

Coupon-mad

CP Plus are hiding behind byelaws, to extort more money than they should, to get away with clamping and to deny POPLA to victims. It is shocking.

prjohnsonnn10

........pretty much a carbon copy of the process employed by MET at all Chiltern railway car parks since PoFA came into force ie issue tickets that references POPLA but then follow up with letters stating that car parks are managed under 'byelaws' and as such threaten that amounts upto GBP 1,000 could become due if court action is pursued etc etc. MET have currently had to back down and acknowledge that NO RK liability exists on railways land and have cancelled 589 currently !utstanding tickets' = a good result as far as it goes stay tuned and more to come after discussion with OFT and DVLA about other tickets actually refunded where RK has paid.

HO87

prjohnsonnn10 wrote: »

........pretty much a carbon copy of the process employed by MET at all Chiltern railway car parks since PoFA came into force ie issue tickets that references POPLA but then follow up with letters stating that car parks are managed under 'byelaws' and as such threaten that amounts upto GBP 1,000 could become due if court action is pursued etc etc. MET have currently had to back down and acknowledge that NO RK liability exists on railways land and have cancelled 589 currently !utstanding tickets' = a good result as far as it goes stay tuned and more to come after discussion with OFT and DVLA about other tickets actually refunded where RK has paid.

Have a link to any relevant information on this - FOI etc? This one needs broadcasting.

prjohnsonnn10

>>>>>am corresponding currently with Prankster on this to get a summary and documents on his site for all to see.

Kite2010

prjohnsonnn10 wrote: »

........pretty much a carbon copy of the process employed by MET at all Chiltern railway car parks since PoFA came into force ie issue tickets that references POPLA but then follow up with letters stating that car parks are managed under 'byelaws' and as such threaten that amounts upto GBP 1,000 could become due if court action is pursued etc etc. MET have currently had to back down and acknowledge that NO RK liability exists on railways land and have cancelled 589 currently !utstanding tickets' = a good result as far as it goes stay tuned and more to come after discussion with OFT and DVLA about other tickets actually refunded where RK has paid.

Yes amounts upto £1000 could be payable under the bylaws, but the PPC won't see a penny of it, if it went via the Magis court :rotfl: