CP Plus speculative invoice

Polk

Hi Everyone,

Just received one of these today at the company I work for.
One of our vehicles parked for over the two hours displayed on the signage running in to the services. It can clearly be seen from google streetview so I'm guessing the 'signage not properly displayed' argument can't count.

However this is a commercial vehicle and the letter has come to the company since CP plus can have no way of knowing the drivers details.
I am aware that this is essentially a speculative invoice exploiting a loophole in the law.

However is there any obligation upon me to provide the name and address of the driver? I seem to remember the last time I dealt with one of these (vehicle broke down) that the law had been changed recently and that there is now some legislation that means I have to hand over the drivers details?

is that right or is my incredibly paranoid mind playing tricks on me?

Half_way

If you dont provide them with the name+address of the driver then they may be able to hold the registered keeper liable for the ( still unenforceable) parking charge.

you could complain to the services in question telling them that unless they call off their agents (CP plus ) that you will be holding them liable for any costs in challenging the parking charge either by yourself as registered keeper, or by your employee for whose time you will be charging them for at whatever your standard rate for labour would be, as this occurred during working hours, and as such it is a work issue.
Also mention that you would like to remind them that the charges being made by their agents are un enforceable as they are not a genuine pre estimate of loss, and that when this point has been made to POPLA the parking charge has almost always been overturned.

Polk

any idea under what legislation they would be able to hold the company liable?

Section 172 (?) does not apply to private companies

Coupon-mad

Polk wrote: »

any idea under what legislation they would be able to hold the company liable?

Well, of course, on this forum we are very familiar with it - the keeper (including companies) 'can' now be held liable and the law is the POFA 2012, Schedule 4. It's linked in the top sticky thread 'NEWBIES read these FAQs first' which also tells you how to appeal and win at POPLA. Easy as pie.

As a company your safest bet (to wholly discharge potential liability) is to reply by email to CP Plus within 28 days with the name and address of the driver (so they get sent their own PCN that they can appeal and win, as we always win!). Make sure your drivers know about the NEWBIES thread here as we really do win 100% of the time at POPLA appeal. If it were me I would create a company policy along these lines and ensure your staff know how to handle these private PCNs (and try to avoid charging your drivers any fee, just email a template response if possible to any PPC scammer). Or post a template letter if no email allowed (depends on the PPC). Don't just pay them.

Another alternative - if you like to try these things out and want to practise a POPLA appeal which wouldn't be a bad exercise to try at all - would be to respond with the template first appeal from the NEWBIES thread, written from the company as keeper. Again it can be emailed to CP Plus I think (check the PCN).

You would win at POPLA at the second stage, with our POPLA wording in the NEWBIES sticky. The company can appeal to POPLA, it's free and simple but you have to use our legal wording to be sure you'd win.

The only issue there is that you won't have discharged your company's liability - and if it all went wrong and you missed a POPLA deadline for second stage appeal, and it was versus a litigious PPC like ParkingEye, your company could end up with a small claim if you were not quick enough to give the driver's details before court action commenced. Once court action commences it is then too late to name the driver. Not too late to defend & win but that's another story and doesn't generally involve CP Plus, who are not litigious.

'Plan A' is safer and a better policy for a company, as a rule. But please circulate info about all this to your drivers with a link to the NEWBIES thread in case they are daft enough to actually think they'd have to pay one of these. Private PCNs are not real fines but should no longer be ignored like Watchdog used to advise (unless in Scotland or NI). The NEWBIES thread covers it, acronyms, appeals, POPLA, POFA 2012 and all.

Polk

Thanks for the replies

As it happens, I have now had a chance to speak to the driver and he told me that he broke down at the pump in the petrol station of the services.
We'll have it on record along with a call out sheet from one of our fitters so I'll just send them that and politely ask them to foxtrot oscar.

hmm actually.... this then means that the charge is incorrect anyway since the vehicle did not use the car park at all. Anyone ever had this? I'll have to check the signage to see if it mentions the car park specifically or the whole site. counter argument being - your system only records entry and exit to the site as a whole, yet your signage states that charges are for the car park only. Prove I parked in the car park.

I guess I'm being a bit militant with that since I know that me proving a breakdown happened will fob the [TEXT DELETED BY FORUM TEAM]off anyway.

Coupon-mad

We like ''militant'' - and yes we have seen this before. They should cancel when you prove the breakdown but if not we can help you win at POPLA stage without a doubt.

It would be good to discuss this policy in the light of POFA 2012 and 'keeper liability' though.