Moto Service Cardiff - CP Plus

ZCSDWE

Received a PCN from CP Plus after calling and spending 1/4 hr registering and making a payment to park over and above their free parking period.

I was under the impression that they had taken the £12 payment, but a week later I received the PCN and found that the charge had not been applied to my credit card.

I have contact them with evidence of the call and they have reduced the charge to £20 if I pay in 14 days.


Dear Sir,

Thank you for your correspondence concerning the above stated Parking Charge Notice.

We can confirm that you did call the correct number, but failed to follow the procedure and actually pay for parking.

As such, this Notice was correctly issued and there is no requirement for us to cancel it without full payment.

However, in light of the representations made in connection with this Charge Notice, we will accept the reduced amount of £20 in full settlement of this charge to cover our administrative costs in correctly issuing this Notice and the cost for parking on site at the time in question, which has still not been paid. Subject to this payment being received within 14 days of the date of this correspondence, no further action will be taken.

If payment of this charge is not received within the specified time period, this Notice will revert to the full amount.

Yours faithfully,

CP Plus Ltd




Do I have a case that I could take to POPLA or should I pay the reduced charge ?

CP Plus did not provide a POPLA ref number should they have done so with the above email ?

Not_Scammed

Putting my dislike of CP Plus to one side for a moment: :mad:

You were willing to pay them £12.
They will have paid the DVLA £2.50 for your details.
Totaling £14.50 so in effect they are asking for another £5.50 to cover their admin costs.

Some might consider that not unreasonable and pay up.


However:

Assuming CP Plus are threatening you with a £90/£100, some might consider that outrageous behavior and fight them all the way demanding a POPLA code and the almost certainly winning at POPLA, reassured in the knowledge that CP Plus seem to be allergic to taking their intended victims to court.


ps. Despite his recent success against VCS at POPLA a friend of mine is currently going down the 'ignore route' with a CP Plus scam invoice - against my recommendation, but we shall see what happens after the letter chain ends.

RobinHill

To be fair CP Plus / Moto our experience was a fair one. Travelodge failed to prompt us to enter our reg. into a machine on the reception desk so we got PCN through the post. On appeal to CP Plus they promptly cancelled the charge. Unlike Civil Enforcement Limited for a trip to Pizza Hut (on the same day ouch!!) who we are currently taking to POPLA.

Coupon-mad

I would actually consider, as one option, paying it! Seeing as you were prepared to pay £12 and as explained by Not Scammed, they have spent a few quid on the DVLA data and p&p for 2 letters and a bit of staff time to handle it. Very rarely do we see a PPC do this and actually ask for a possibly 'fair' sum. The other reason that I would consider paying it is that CP Plus can show POPLA (if you prodded them for a code) that there was an initial loss of a sum you had agreed to pay and were aware of (so there was a contract between you, but they are saying you failed to pay). And CP Plus have won the odd POPLA case, rarely, but there was one in a MSA where they convinced the POPLA Assessor about their loss.

However, your other options are:

- ask for a POPLA code and try a really strong POPLA appeal (risk being you'd pay the full PCN amount if you lose, which 'could' happen).

- ignore it and see what happens, probably nowt but debt collector letters during 2015!

- complain to MOTO Head Office or the Site Manager (but I can see them agreeing with the £20!).

- complain to the BPA that no POPLA code was provided with a rejection letter (but then you would be heading for POPLA and the 14 days will be up).

Your choice.

Umkomaas

As such, this Notice was correctly issued and there is no requirement for us to cancel it without full payment.

Well, that's just saved you £12!

Follow the NEWBIES FAQ sticky through to POPLA and not only will you save yourself £12, but in the process cost CP Plus an additional £27 for their stupidity in pursuing this.. Lemmings!

Guys_Dad

Actually, you do by your own admission, owe them £12 for the parking fee, so to not pay anything would seem unfair to me.

When you have c-m suggesting that paying them is an option, you know that it is not a "normal" case.

I would send them £12 plus £3 for admin and ask them if they really want to take it further for a fiver!

I should add that charging anyone £12 for staying a couple of hours to rest or eat at a service station does not promote road safety and is scandalous, but it seems that HMG and the parking companies are in cahoots on this.

BenefitMaster

I am of a differing view, and I think it should be fought - there is no basis in law for the charge, and Motorway services are specifically there to allow drivers to rest. Charging them for road safety is scandalous.

Take the POPLA code, use the standard appeal reasons, adding that CP PLus and Moto are not the landowners, and cost them £27.

Guys_Dad

BenefitMaster wrote: »

I am of a differing view, and I think it should be fought - there is no basis in law for the charge, and Motorway services are specifically there to allow drivers to rest. Charging them for road safety is scandalous.

Take the POPLA code, use the standard appeal reasons, adding that CP PLus and Moto are not the landowners, and cost them £27.

Whereas I agree that the charging for resting over 2 hours at a MSA is wrong, should this get to a court, the OP would lose if his defence was based on the quoted argument I fear The courts have firm references to say that the charges are legal and I am sure that the PPC would waste no time in referring to them as well as confirming that the OP's payment simply went wrong and that he accepted that a payment was due..

To a question in Parliament - see http://www.publications.parliament.uk/pa/cm200809/cmhansrd/cm090427/text/90427w0002.htm

the following was answered by the Secretary of State for Transport

Mr. Lancaster: To ask the Secretary of State for Transport what guidance his Department has provided to private contractors who operate motorway service stations on their parking charges. [270233]

Paul Clark: Department for Transport Circular 1/2008, published on 2 April 2008, sets out the Department's policy on service areas and other roadside facilities on motorways and all purpose trunk roads in England.

Under the circular, signed service areas on motorways and all purpose trunk roads in England are required to provide free parking for up to two hours for all vehicle types. The circular allows service area operators to charge for parking after the initial two hour period.

A copy of circular 01/2008 is available on the Department's website

I believe that this has now been updated, but the authority for PPCs to charge is still there.

OP now has a few opinions as to what to do and it is his money at risk, so

BenefitMaster

Guys_Dad wrote: »

I believe that this has now been updated, but the authority for PPCs to charge is still there.

No - that's authority for the MSA to charge for parking, not the PPC to charge an extortionate penalty for parking longer than the free period.

If I give you a mug, and the handle falls off tomorrow, you can't sue me because you have lost nothing. Likewise, if I park for 121 minutes, or 12100 minutes, the charge is the same - there is no genuine loss suffered, so the amount due to the PPC is £0. The MSA CAN sue, but only for the £12.

Guys_Dad

Hold on !

c-m and I suggested that paying the £12 would be a solution and you wrote "I am of a differing view, and I think it should be fought - there is no basis in law for the charge, and Motorway services are specifically there to allow drivers to rest. Charging them for road safety is scandalous."

So your argument was against the £12 payment option, not the £100.

Neither c-m nor I would advocate paying the £100 as you are well aware, but if the PPC were to go to court, it wouldn't be for £12 and my money would be on the judge awarding the case to them because OP was unreasonable in not accepting the £20 settlement which included the £12 parking fee that the OP tried to pay.

But that is only my view. Others may disagree.