Long overdue Parking Charge notice

vinylmusic

On 8th June I parked on a Moto mororway parking.
I don't deny that I stopped there but not only had I not noticed any signs. (it was late at night and I was tired which is why I'd stopped).
The main thing that bothers me as well as the notice itself is that I only received their notice today for the first time.:(
In the notice it says I was sent a first notice on 18/06 and a reminder on 05/07 neither of which I'd received
I have had letters arrive nearly a week late before now but never anything lost altogether.
For two to go missing in the post each a month apart is a bit strange
I find it hard to believe that they were actually sent at all
Now they are asking me to pay £120
I'm wondering if this is a tactic to delay my possibility to appeal and to up the fine
I'm curious if anyone else has had a similar experience like this and to know where I stand

islemar

I have also received a notice today, I presume from the same company, regarding a parking charge at MOTO from mid June. I also have not received the first two notices purportedly sent in June and July. As I have not paid or appealed this charge it has gone up to £140 and the deadline for valid written representations against this charge notice has expired. This cannot be legal, can it?
I have written to MOTO asking them to cancel this charge and have included details of the dates involved. If you do the same then someone at MOTO might put two and two together and stop this unethical way of doing business.

Umkomaas

Both of you need to make a very strong complaint to the BPA and DVLA (as per post #6 of the NEWBIES sticky. This is happening far too often for it to be a coincidence. Make that point forcefully in your complaint.

Please do this - it is very important to get this latest strategy, adopted by this outfit, exposed!

The_Slithy_Tove

You are both assuming you are dealing with ethical, professional companies here. The truth is otherwise. The reason you never received the first two notices is probably because they were never sent, and the PPC is spouting nothing but lies and untruths. These people lie, cheat, bully and will do anything to extract money from you. Two independent people both missing two alleged letters? That is not a coincidence. Indeed, the more people pile the evidence up, the more likely that someone will twig the scammes they have signed up to failing to manage their car parks.

Coupon-mad

I will just tack onto this thread the advice I already posted for this OP:


It's not a fine. If you look at the forum stickies I am sure you can resolve this. Read:

1. the 'newbies' thread at the top which shows you exactly how to appeal, even late!

2. Crabman's forum stickies (third thread from the top, now), go to his link to: 'Successful complaints about PPCs' and read post #3 there where I list who to complain to. Moto is featured and their top banana has stated that if people fall asleep and overstay he WILL cancel their charge. So write and tell him what's happened and say you were tired and probably fell asleep, but are also mortified that the parking firm is saying they sent letters which they certainly did not and you have no postal problems at your house. Ask him if he can please step in for you as a Moto customer who was tired and is now feeling harassed beyond belief! All you want is the charge cancelled under the circumstances or failing that, a chance to appeal, as the recent letter is the first you knew about it and this firm is no longer offering you POPLA as an option which is wholly unfair.

islemar

Hi guys,
I have slept on this and woke angry and determined to do something about this. Here is the letter I intend to send to DVLA and BPA.

Dear Sirs, I wish to complain most strongly about the conduct of CP Plus.
On 22nd August I received a letter from CP Plus stating that I should pay £140 for an alleged parking infringement on 18th/19th June.
This letter states that "A notice was sent to you on 26/06/2014, and a Reminder issued on 13/07/2014. To date full payment has not been received and the deadline for valid written representations against this Charge Notice has expired."
I have not received either of these two previous communications. I have lived at my present address for 9 years and in that time I have had no previous post go astray. For me to now have two items lost inside a month and both from the same sender defies belief.
I do not believe either of the two earlier items were sent as this tactic gives CP Plus an opportunity to increase the charge and removes my right of appeal.
I am aware of another motorist, with whom I have no connection, in fact he lives 250 miles from me, who has received a similar note on the same day from CP Plus in which they also claim to have sent two previous letters ,neither of which he has received.
I trust you will look into this complaint as this bending of the law to suit themselves cannot be allowed to continue.

Yours etc

Feel free to comment on this draft as you have more experience of this kind of thing than me.
I am inclined to send a copy of this complaint to the MD of MOTO asking if he condones this behaviour by his contractor.
Then there are the MD's of other companies both private and public who use CP Plus. Then there is Watchdog, my MP, the head of the NHS and the Prime Minister.

The_Deep

Not to mention Trading Standards, why does everyone forget poor old TS?

Dee140157

Replace the word bending with floutingor breaking or some other such word! It is far more than bending.

I don't know whether I would mention your awareness of the other person, however I would encourage the other poster to send the same self letter to the same people preferably so it arrives at the same time!

A two pronged attack then.

Coupon-mad

As I said, specifically word the complaint to MOTO saying you fell asleep. They cancel them if drivers fall asleep, they said so in a newspaper (easily Googled or searched for on here). You can send them a link and demand to know why they are still allowing this notorious PPC to carry on harassing people who stop when tired?

Punter2

Hi

I too have had the third notice from CP Plus without receiving the former two. My post is also fairly reliable... never missed a letter before. Never mind two.

I am inclined to follow islemar's approach as advised by others.

However I see in POFA 12:

"9 (6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales."

Is there a time limit within which notices must be served to the Registered Keeper or Driver?

Thanks.

Coupon-mad

Nope, don't be put off, that rule applies to all post generally and you stating that no other letters arrived (along with others saying the same thing) pretty much 'proves to the contrary'.

I think you all should email the BPA as there's a pattern here they need to investigate:

[EMAIL="s.clark@britishparking.co.uk"]s.clark@britishparking.co.uk[/EMAIL]