Parking fine at Bracknell station

richardm87

My vehicle (not company or hire car) was parked in Bracknell station car park and was ticketed by CP Plus. I've been doing my reading as I've been told to (:D) but wanted to ask a quick question.

On a thread (number is 4418853 - I can't post links) it mentions a Penalty Charge Notice is different from a Parking Charge Notice. The ticket given to the driver is titled 'Penalty Notice', and also mentions that it is a 'Charge Notice', but never uses the full term 'Penalty Charge Notice'. Where do I stand on this?

BenefitMaster

please read the Newbies thread.

Doe the notice mention POFA, or Railway Byelaws?

bazster

Have you received anything in the post yet, or just the windscreen ticket? Does it mention PoFA 2012 or PoPLA? Does it indicate anywhere that CP Plus is acting on behalf of the Train Operating Company? Who does it say is liable for the charge (driver, keeper or owner)? Does it mention railway byelaws? And does it threaten prosecution?

A Penalty Charge Notice is issued by a local authority in relation to parking on the public highway or other land subject to statute.

Train operating companies have the power to bring prosecutions in respect of breaches of railway byelaws, but a penalty would only become payable upon conviction in a magistrate's court, and it would be payable to the court, not the TOC.

The use of the term "penalty" by a private company in relation to railway parking is an attempt to fudge the nature of the charge and to fool you into believing that the charge is in some way connected with the TOC's power of prosecution.

This is probably going to be a bog-standard appeal, but if you could answer the questions above we will then be sure of what we are dealing with (or if you haven't received anything in the post yet, come back and answer the questions when you do receive a postal notice).

richardm87

I have read the newbies thread (as I stated) but had a clarification question so I asked! The ticket was issued today so no letter yet, and the note on the windscreen mentions section 219 of the transport act 2000 - Railway Byelaws, section 14

Half_way

I have read the newbies thread (as I stated) but had a clarification question so I asked! The ticket was issued today so no letter yet, and the note on the windscreen mentions section 219 of the transport act 2000 - Railway Byelaws, section 14

OK thats one small bit answered, what about this below? - by "It" that can be either the windscreen ticket, the postal notice or anything esle

Have you received anything in the post yet, or just the windscreen ticket? Does it mention PoFA 2012 or PoPLA? Does it indicate anywhere that CP Plus is acting on behalf of the Train Operating Company? Who does it say is liable for the charge (driver, keeper or owner)? Does it mention railway byelaws? And does it threaten prosecution?

richardm87

Have you received anything in the post yet, or just the windscreen ticket?

Windscreen only

Does it mention PoFA 2012 or PoPLA?

No

Does it indicate anywhere that CP Plus is acting on behalf of the Train Operating Company?

No

Who does it say is liable for the charge (driver, keeper or owner)?

Doesn't mention liability - just says that the penalty is due

Does it mention railway byelaws? And does it threaten prosecution?

Yes - "All vehicles are parked subject to the Railway Byelaws and any breach may result in prosecution. Section 219 of the Transport Act 2000-Railway Byelaws, section 14 under which CP Plus has the lawful authority to issue this Penalty for £80 for the following reason". On the back it says "If payment is not received within 28 days, this will result in further action being taken and an administration charge of £40 will be added to the £80 Penalty Notice"

richardm87

It might also be worth noting that at around 1pm the driver remembered that they had forgotten to pay for parking, after which I then paid for parking (it's a day rate so paid for the full day) using my PayByPhone account.

Coupon-mad

OK I recommend sending the first appeal template from the NEWBIES thread, around day 22, because we know that CP Plus aren't playing fair with these so-called 'Penalty Charges':

http://forums.moneysavingexpert.com/forumdisplay.php?f=163


So you want the appeal to reach CP Plus before day 28 but not too soon! Do not wait for the NTK as there won't be a compliant one, they eventually farm their cases out to PCS after day 29 - so avoid that by sending the NEWBIES appeal first letter, around day 22. No need to change it, just copy it and send it off at the right moment.

Read the above thread to understand the issues re this apparent PENALTY (they have used that word haven't they - but they are lying about that) and the slight clamping risk (honestly, vaguely possible due to byelaws, the POFA does not apply so the clamping ban isn't relevant). This ticket is NOT issued under byelaws but CP Plus want you to think it is and they want to side-step POPLA. By forcing their hand and appealing early, you should be able to flush them out and if no POPLA code is forthcoming the next step would be an email complaint to the BPA.

richardm87

Coupon-mad wrote: »

OK I recommend sending the first appeal template from the NEWBIES thread, around day 22, because we know that CP Plus aren't playing fair with these so-called 'Penalty Charges':

So you want the appeal to reach CP Plus before day 28 but not too soon! Do not wait for the NTK as there won't be a compliant one, they eventually farm their cases out to PCS after day 29 - so avoid that by sending the NEWBIES appeal first letter, around day 22. No need to change it, just copy it and send it off at the right moment.

Read the above thread to understand the issues re this apparent PENALTY (they have used that word haven't they - but they are lying about that) and the slight clamping risk (honestly, vaguely possible due to byelaws, the POFA does not apply so the clamping ban isn't relevant). This ticket is NOT issued under byelaws but CP Plus want you to think it is and they want to side-step POPLA. By forcing their hand and appealing early, you should be able to flush them out and if no POPLA code is forthcoming the next step would be an email complaint to the BPA.

Okay so I didn't send the letter as I forgot (I know, I'm stupid!), and I've got my first letter through: i.imgur.com/Irq05nV.jpg

What's my next step, asking for a POPLA code?

richardm87

Can anyone help?

The_Slithy_Tove

Charges from PPCs in railway station car parks are a bit of a hornet's nest, with deliberate confusion and obfuscation by the PPCs, trying the threaten prosecution if you don't pay a bribe to a private company. How daft is that.

Over on Pepipoo, the user Gan has the approach of forcing their hand by responding succinctly, suggesting a letter "in order to clarify your legal position" with some questions :

1 Has the ticket been issued for breach of a byelaw, or the terms and conditions of parking ?
2 Who do CP Plus hold liable for payment - the owner or the driver ?
3 If the ticket remains unpaid, who if anybody is liable for prosecution - the owner or the driver ?
4 Under precisely which Byelaw(s) and Paragraph(s) would a prosecution be brought ?


Question 1 is important, as normal PPC charges are incurred by the driver, whereas the Byelaw refers to the owner, and only in specific circumstances (look it up).