CP plus parking ticket

caz26_2

Thanks coupon mad for a thorough explanation, however I still have a question.

CP plus charge notice received through post to my wife (registered keeper, although she was out of the country at the time). Alleged offence occurred at Southwaite however the car is registered in Scotland where we live.

Do we therefore ignore, or reply as indicated because the ticket was issued for an English based site?

Thank you
caz26

Coupon-mad

If it were me I would bung the usual template appeal in the post or online (however they let you 'challenge'). It needs to come only from the keeper.

Let's see if they offer you a POPLA code - if not then there is NO keeper liability possible anyway, as POFA 2012 has not been enacted in Scotland. Either way you win. The only 'risk' as regards contacting this bunch from Scotland is when naive people appeal and give away who was driving, but that won't be you!

caz26_2

Thanks very much Coupon-mad for taking the time to reply.

I'll take that advice and act accordingly.

bazster

Whether PoFA 2012 applies is a function of where the parking "event" took place, not where the driver or keeper lives.

In theory (and with some hassle to them) a parking company could sue a registered keeper living in Scotland over a parking event in England, although it doesn't seem terribly likely with CP Plus.

But by the same token the normal appeal process ought to work.

caz26_2

Thanks Bazter

spikyone

bazster wrote: »

In theory (and with some hassle to them) a parking company could sue a registered keeper living in Scotland over a parking event in England, although it doesn't seem terribly likely with CP Plus.

To be on the safe side it's probably worth adding to the appeal that the OP's wife was out of the country (and providing photocopied evidence) - if CP Plus don't play ball with a POPLA code, it could be useful should they try it on with a non-POFA court claim and suggest that on the balance of probability, the RK was driving. As you say, unlikely they'll do court, but we know some PPCs are trying their luck in Scotland, so the OP may as well head off that possibility now.

caz26_2

I did appeal as suggested but didn't add that the registered keeper was out of the country I just replied with the template appeal.

Received a reply noting that "we had sent a template letter" and after careful consideration rejecting the appeal.

Then in red below they provided a popla reference code and a link to the website for popla.

Is it worth carrying on or do we just fork up? Unless the fact the the registered keeper was not driving and she doesn't have to name the driver is grounds for appeal, or the signs were not clear, or excessive charge has a chance of winning they seem to be within their rights or am i missing something obvious?

thanks
caz26

Umkomaas

Is it worth carrying on or do we just fork up?

WHOAAAA - fork up?

Fork off!

You've got a potential double whammy to deliver. You can either chance your arm on an 'out of jurisdiction', take me to court (if you're hard/daft enough). Or just use your POPLA code to submit a POPLA appeal, using a relevant (adapted) appeal example from post #3 'How to win at POPLA' blue hyperlink of the NEWBIES FAQ sticky.

Either way, you'll win, with ongoing forum support.

Coupon-mad

or am i missing something obvious?

Only that NO-ONE here pays these, especially not people in Scotland! No clue why on earth paying the thing crossed your mind?

You missed post #3 of the newbies thread and the fact we win at POPLA almost every time and even if the keeper doesn't win, she lives in Scotland where keepers cannot be held liable!

Look in the 'How to win at POPLA' link and the keeper can have some fun building a POPLA appeal based on the CP Plus example seeing as this was a MSA:

http://motorwayservicesonline.co.uk/Southwaite

And finish the POPLA appeal with an extra appeal point 'As keeper I cannot be held liable as I reside in Scotland, where there is no keeper liability.'

caz26_2

Morning people, in my defense I'd like to say I was tired-was just about to delete that previous message. Thanks guys, POPLA it is.

bazster

Please bear in mind that CP Plus has never taken anyone to court, let alone trying to do it across Hadrian's Wall.