CP Plus - Railway Station, not parked in designated space

lotaz

Hi,

I'm quite new, hope you can help. I pay extortionate amounts of money to SWT every month to pay for a season parking ticket for parking at their station carpark. One morning I arrived about 840am to find all spaces were taken! Even though I had paid for my ticket in order to get into work, there were no spaces left. There was one space at the end of the row which I took, which wasn't blocking anyone.

Looks like I was being watched over CCTV since they put a parking notice on my windscreen about an hour later!

The ticket was issued by CP Plus and mentions the following:

'CP Plus Penalty Notice (PCN)'
'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 the following reason:

05 Not parked in a designated parking space'.

'A reduced charge of £50 will be accepted in settlement of the Penalty Charge if payment is received within 14 days from the date of issue of this Penalty Notice'.

Any tips on what I should do? Shall I appeal? I would be grateful for any advice.

Ralph-y

while you await some learned advice please read through

https://forums.moneysavingexpert.com/discussion/4816822

Ralph:cool:

Coupon-mad

Any tips on what I should do? Shall I appeal?

You have no doubt read the sticky thread now? Easy.

lotaz

Coupon-mad wrote: »

You have no doubt read the sticky thread now? Easy.

Thanks, yes. I will be sending the example Appeal Letter today. Guess I got a bit worried about the 'Railway Byelaws' quotation and wondered if they had extra rights because of this?

Thanks!

The_Slithy_Tove

lotaz wrote: »

Guess I got a bit worried about the 'Railway Byelaws' quotation and wondered if they had extra rights because of this?

No, not really. CP+ cannot prosecute you, only the ToC (SWT), who are not known to do so. In any case, I don't think the Byelaws cover not parking wholly within a space - check them.

In short, it's idle threats. There are plenty of threads around here an Pepipoo concerning tickets where the PPC deliberately conflates a private parking charge with threats of Byelaw prosecution. Maybe you should be reporting CP+ for attempted bribery - they are effectively asking you to pay them, a private company, money to avoid a criminal prosecution. Sounds dodgy? It certainly is.

Here's an example response from a Pepipoo thread which attempts to draw the PPC out on whether it really is a Byelaw Penalty or a Private Parking Charge. They will probably avoid answering, as it skewers them, somewhat. Make sure you edit it to make it fit the notice they have sent you.

Dear Sir,

Ref:

With the greatest respect, your Notices to Owner/Keeper/Hirer do not explain the legal position adequately. Clearly I cannot make an informed decision unless and until you clarify your legal standpoint. Therefore would you please let me have your responses to the following as soon as possible:-

1. Please state clearly the exact Byelaw, section and paragraph upon which you rely which
a) renders a keeper liable for a parking charge
b) provides that a keeper can be prosecuted for its non-payment.
2. Please state clearly the exact Byelaw, section and paragraph under which it is an offence to park outside a parking bay.
3. Please identify the statutory provision whereby a payment of money which would otherwise be a bribe is a lawful means of avoiding prosecution.
4. Regarding appeals/challenges: please confirm:-(i) whether you are bound by the BPA code of practice; (ii) what are the avenues of appeal/challenge that are available to the registered keeper; (iii) the regulations governing such appeals/challenges including time limits imposed on each party.

lotaz

Many Thanks The Slithy Tove

Should I add that to the end of the appeal letter I'm going to send them (taken from the Newbies FAQ section), or wait to see how they reply to that first?

lotaz

Hi I sent the recommended letter to appeal, however they have rejected it. This is an extract of their response:

After carefully considering the points made in your appeal, I am unable to offer you a cancellation as I am satisfied that the PCN was issued correctly and in compliance with the Railway Bye Laws applicable and detailed on the signs at this location.

The reason for my decision is that the above vehicle was observed parked on site without a valid pay and display ticket displayed. As this contravened the site’s parking terms and conditions, the PCN charge will stand. The onus is on the driver to observe the signs displayed around the car park and adhere to the parking conditions stipulated when parking on site.

Your PCN has been held at the discounted rate and you have 14 days from the date of this email to pay the reduced charge of £50.00. After this period the charge will revert to the full amount.

<Inserted pictures of the vehicle>

If you are not satisfied with the outcome of the appeals process you can write directly to South West Trains using the address below. Appeals to South West Trains must be submitted within 28 days from the date of this rejection and must include the Penalty Charge Notice (PCN) number and SWCPA as the case reference.

For starters, they replied incorrectly - the issue was in fact 'Not parking in an un-designated space' and not 'no valid pay and display ticket'.

Thought I would get your advice and expertise before replying further.

Thanks!

lotaz

Anyone know what my best next steps are? Should I reply to this email or ignore it and appeal with SWT?

Herzlos

Did you use The Slithy Toves suggested letter?

lotaz

Hi

No I haven't yet, I wasn't sure whether to send it with the first appeal letter or in response to any appeal rejection. I can send it now and I'll let you know the response to it.

Herzlos

I would reply with that, and also add a point for them to clarify if the issue is an invalid ticket or not parking within a marked bay. Hopefully they'll cancel it at that point or skewer themselves.