PCS parking Ticket - Train Station

Coupon-mad

Dutch19 wrote: »

Oops, sorry about the orientation of the photos. They should all be correct now.

As a Private Parking Company, should they have issued me with a POPLA code when I wrote to them?

As ever, grateful for any advice received.....

OK so this is CP Plus issuing penalty charge notices - did you know they also still clamp cars at railway stations, all under the excuse of bylaws? They are treating these as if they are not private parking notices so no, you will NOT get a POPLA code as they hide behind the 'lawful authority' of railway bylaws. Don't park there again though partly because they might clamp a car under some circumstances and partly because, I have to say, why the heck should a car driver be using a train station car park to visit a local GP?! A railway car park would be somewhere I would avoid for all these reasons!

PCS (who are a trading name of a debt collector, DR Plus) are not the PPC, not the parking enforcement company at all, but they do the admin, i.e. they send silly debt collector letters for CP Plus. Never heard them talk about the Transport Act 2000 before (section 219?) but no worries, PCS have no clue what they are on about and neither PCS nor CP Plus can take this to court. As Dee says, it would have to be pursued by the TOC and in practice - except for Northern Rail - these are NOT. The posters here just get the usual PCS and DR Plus and Zenith 'threatograms' we've all laughed at for years.

And once six months is up, with these hybrid 'penalty' charges, you know that the TOC cannot lay the case before magistrates court and any further debt collector letters are hot air (no change there then!).

I suggest you ignore this now and search this forum for 'CP Plus Penalty train station' or 'CP Plus Penalty railway' as keywords. Also a search of Google for 'CP Plus Penalty South West Trains' will find you loads of threads here and on pepipoo forum, all steadfastly ignoring the hybrid drivel.

Then once the 6 months if up, some then move on to complaining to the TOC and Passenger Focus - and the DVLA and BPA about the deceptive muddy waters around what should be a 'bog standard' private PCN with POPLA offered - safe in the knowledge that any penalty cannot be pursued after that. I wouldn't complain now though, wait the six months and collect the ludicrous debt collector letters.

BTW, did the driver pay the fee to park there, but just used a restricted bay? Not a disabled bay when not disabled I trust? A pre-paid/premier bay maybe?

Dutch19

C-M et al,

Many thanks indeed for the advice. It is greatly appreciated. I shall sit tight and ignore all the threatening letters from PCS and see if I get anything directly from SWTrains.

Dutch19

Well, six months is up and, after the predicted stream of threatening letters and drivel from PCS, they appear to have given up and nothing has been received from SWT. Interestingly, the last letter received from PCS offered a reduced fine if I paid….I knew it was curtains for them at that point!

May I take the opportunity to thank all those that spent their free time helping out. It is much appreciated and you are providing a great service. Cheers!

bazster

It may not be over yet, the theatograms sometime rise from the dead much later, but at least they can't prosecute you now. Well done for toughing it out.

Umkomaas

Thanks for feedback Dutch19; it really helps us, especially as your situation was a less common one than the standard supermarket car park ticket. It helps to build a picture that these are probably not byelaw parking penalties issued by CPP on behalf of SWT.

So you're now out of time for a byelaw pursuit, but do be aware that for any (other) alleged debt, small claims court claims can be filed for up to 6 years. Any further debt collector letters should be ignored (but filed safely), just be watchful for a LBCCC/LBA from CPP (or - unlikely - SWT) or real court papers. Neither of these should be ignored.

Meanwhile, there's the rest of your life to be getting on with! Well done in seeing this off.

Coupon-mad

As CP Plus have been known to clamp cars at stations (using the fact it's not relevant land so the clamping ban doesn't apply) - now you are safe from the TOC pursuing it - I would send a formal letter to the TOC and to CP Plus and copy in the BPA and the DVLA, stating that:

- CP Plus issued a document (copy attached) that they misleadingly described as a 'Penalty Charge' which was wholly misleading because they then treated it as a private parking ticket but without POPLA being offered.

- six months has now passed so you are fully aware that any real 'Penalty' Charge genuinely issued under byelaws is too late to be pursued.

- if CP Plus continue to pursue this matter after the previous debt collection letters they have been sending, you put all parties on notice that this is now an unwarranted threat, and constitutes harassment of a registered keeper.

- The DVLA should not have issued your data to CP Plus since there was no reasonable cause. An Operator cannot pretend a private ticket is a Penalty just by using that word, thereby avoiding POPLA and breaching the BPA Code of Practice.

- The BPA should not be turning a blind eye to this practice. Operators issuing 'charges' on land where POFA does not apply, then pursuing them with debt collectors like a 'Parking Charge Notice' would be, are still subject to the BPA CoP and POPLA. In fact CP Plus should receive sanctions for neither following one route (private ticket with POPLA offered, one that could not be called a Penalty) OR the other route they were implying (TOC Penalty, which it obviously wasn't having seen the debt collector letters). Say you will report the matter to Trading Standards and to your MP but require the BPA's response first.

- If CP Plus clamp this vehicle it will be illegal since an Operator cannot clamp for an alleged debt. The railway byelaws do not support clamping except in strict circumstances of vehicles that are at the time, parked in contravention of a byelaw. As such, all parties must take note that if a driver of your car finds it clamped, the nuisance will be removed and damages sought from the TOC for the unlawful actions of their agent.