CP Plus notice

bazster

The Consumer Protection (Amendment) Regulations 2014 come into force on October 1st, giving Joe Public the right to sue traders over misleading or aggressive practices, not just to recover losses but also for damages for inconvenience and distress.

Parking companies, civil recovery companies and debt collectors will be right in the firing line.

gertysingh

Hmm 27(j)... yes I see.

Sending you a virtual kiss for that lovely bit of information:kisses2:

bazster

Government guidance to the new regs, complete with unfortunate and largely redundant (but not at some airports) wheel-clamping examples!

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/343753/bis-14-1430-misleading-and-aggressive-selling-rights-consumer-protection-amendment-regulations-2014-guidance.pdf

gertysingh

Perhaps one could change the wording about the wheel clamping to "speculative parking ticket disguised as a council PCN" and re-apply.

So those who have paid a PPC on the basis of threat-o-grams that contain warnings about affecting credit ratings, certainly have a case if they want to make a stand with the potential to gain at least £1000. (Note can set up via MCOL).

Just need a willing person who has been scammed to try this out.

Vinylmusic - parking companies have been blaming the "state" of the postal system about communications not being received or pre-dating their communications so that you have very little time to appeal.

Do not worry about their threat-o-grams and make sure you follow up with Dee's advice in post 6 with a strong email to both the BPA and the DVLA indicating the PPC's breaches. Make sure the DVLA is involved in your communications as they are the ones releasing your data. The BPA can be wishy washy and you will need to demand action from them.

If you want a response from the PPC - you could CC the PPC as well.

vinylmusic

I'm currently gathering evidence against a PCN
I returned to the site to photograph exactly where I'd parked and I'm sure that there have been changes since I was there originally in June.
I found the exact same spot on Google maps and on streetview there are important differences
I'm trying to find out the date that the Streetview picture was made and I believe it may have been after the date of the PCN
Does anyone know if therte is any way to find out when a streetview picture was made?
Please let me know

Coupon-mad

The streetview picture shows the date in greyish italics on the left.

vinylmusic

Coupon-mad wrote: »

The streetview picture shows the date in greyish italics on the left.

Thanks. I should have looked harder

vinylmusic

I am very pleased to have had my PCN from CP Plus cancelled.
I'd already appealed to CPplus and it was rejected but without admitting their ploy of not having sent the 2 precious notices butonly a third being a threat to take legal action. A ploy to up the charges and making it too late to appeal (I'm not the only one..see other CPPlus posts), they lowered the charge to £50 giving me 14 days to pay.
they did send me a POPLA number which I took up straight away
I tried talking to Roadchef site manager where I'd parked but was fobbed off with a phone number for CPPlus
As a last resort I wrote to Roadchef CEO and when I didn't get a reply from him I phoned
I expressed thet being late at night in bad weather didn't notice any signs. and taking a much needed rest fell asleep at the wheel.
Had driver not stopped would have been a great danger to oneself and other road users. Drivers in such circumstances should not be penalized. They actually agreed with me and promised to cancel it with immediate effect
Having asked for acknowledgement in writing I received the following email:

---

Thank you for your email in respect of the Parking Charge Notice (PCN) you received at our Tibshelf service area and I apologise for the delay in responding to you.


I confirm that on this occasion your PCN will be cancelled in full. However I would like to take a little time to explain the reasons for our policy around parking at our MSAs.

All UK MSAs charge for extended stay parking and have done so for the most part for over 30 years. The advent of new technology with Automatic Number Plate Recognition systems is now making the management of these restrictions more effective.

The core purpose of an MSA is to provide a break for travellers using the motorway network to ensure that they are able to rest when needed to keep them and other road users safe whilst travelling. The average break at an MSA is around 20 minutes and so the free parking period of over 2 hours is usually more than sufficient for our customers needs. However a growing number of drivers are choosing to leave vehicles in the service area car parks either whilst car sharing or even whilst going away on holiday, and it is this practice which is blocking up the sites and in some cases restricting access for motorway users trying to take the rest break they need.

I can confirm that at every one of our sites a large notice explaining the ANPR process is displayed at the entrance to each car park, repeater signs are placed all around the car park and further notices are displayed in the toilets and main building areas.

I hope that you will continue to use our facilities again in the future.


Kind regards




MIKE HEATON

---

While I am pleased that this is the end of the problem for me I am still very annoyed that I have lost so much time over the matter as well as the anxiety I'd been put through.
Their poor excuses don't justify the stress caused to motorists being responsible and taking a rest, especially at night when driving is much more tiring
At night the parking area is used by so few drivers their presence has no effect upon retail and of no disturbance to anyone
There is no good reason for any charges, limitations and penalty notices late night/early morning.
The UK is the only country in Europe, if not the world where such practice is allowed to take place and its time motorists made a stand.

ampersand

First, well done, but how I agree with your closing para!

Election 2015: a party could win outright by outlawing these jackals overnight, nationalising the fat cattery, seizing all their assets, putting all so-called staff and directors and shareholders on social retribution work for the community.

Somewhere on these Threads is report of a chap who counter-sued in the Small Claims Court after success at popla.
Any update anyone?
As usual, parking lie didn't even bother to submit p/w. I still have nearly 6 years to save up from pension for same. I don't intend to let it become statute-barred.