CP Plus Appeal - Help Needed

Hello everyone, Im hoping someone can help.


I used the appeal template on here when I received the first charge notice. This is an extract from my letter:


You issued me with a parking ticket on 28/05/2015 but I believe it was unfairly issued. I will not be paying your demand for payment for the following reason:





The charge is disproportionate and not commercially justifiable





The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.



According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there.





In my case, the £50.00 charge you are asking for far exceeds the cost to the landowner of £12 for a 24 hour period over the free period of 2 hours. This equates to £2 per hour. To charge £50 for a 42 minute period, would mean I would have needed to have been parked for 33.33 hours to justify the charge. Therefore I am happy to pay an amount proportionate to the period I have exceeded of £1.50 which is justifiable in accordance with the landowners advertised parking costs.


I have received a letter back from CP Plus saying that the PCN was issued legally, and the amount owed is a genuine pre estimate of the losses incurred in managing the parking location to ensure compliance with the terms and conditions. They go on to mention the Beavis V Parking Eye case, and go on to dismiss my case.


I want to appeal to POPLA next and I have until the 11 July to do so.... what do I do nect - does anyone have a template or any helpful advise. Ive gone over the 14 days for the reduced fee now therefor the fee as of todays date is £100, and after 28 days I will incur a further £40 debt collectors charge....


HELP!!!!!!!!!!!!!!!

Replies

  • ColliesCarerColliesCarer Forumite
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    There is no template for POPLA but there are lots of examples others have written.

    Have a read of the NEWBIES thread post #3 and make sure you include the wording in blue (re Beavis) in your appeal

    here are a couple of links for research:

    http://forums.moneysavingexpert.com/...1&postcount=15

    Take care if selecting from the above examples that you amend your appeal to suit your circumstances and check any references in them are not out of date. e.g. the BPA CoP has recently been updated so any points quoted may no longer be correct

    More recent winning appeals will be found in the POPLA DECISIONS STICKY

    http://forums.moneysavingexpert.com/....php?t=4488337

    Read from the last page backwards to see the most recent

    Or use the Search the Forum function using search terms like CP+ POPLA to find others dealing with POPLA's for this company

    Post your draft here on your thread for help refining it
  • FruitcakeFruitcake Forumite
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    K6tyd wrote: »

    I want to appeal to POPLA next and I have until the 11 July to do so.... what do I do nect - does anyone have a template or any helpful advise. Ive gone over the 14 days for the reduced fee now therefor the fee as of todays date is £100, and after 28 days I will incur a further £40 debt collectors charge....


    HELP!!!!!!!!!!!!!!!


    Don't panic.


    The initial amount you owed was zero. The new amount you now owe is zero. The (powerless) debt collectors charge is zero.


    If you have a PoPLA code, use the Parking Cowboys website code checker to make sure it is valid. Complain to the BPA if it isn't.


    Re-read the Sticky thread for NEWBIES and also have a good look through the POPLA decisions thread. Find a PoPLA appeal that is similar to your case and adapt it to fit. Post it here for the regulars to look at before you submit it to PoPLA, but don't miss the deadline.
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  • edited 29 June 2015 at 11:25AM
    Coupon-madCoupon-mad
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    edited 29 June 2015 at 11:25AM
    Seeing as CP Plus do not use a Notice to Keeper which is capable of creating keeper liability it's one of the easiest ones to win at POPLA you'd care to ever try! Come on, read the PCN it's obviously aimed at a driver only - read the words on it, you don't even need any knowledge of the POFA to spot it. They changed their NTKs last year to only be aimed at drivers, it's really clear to anyone reading it.

    Cite 'no keeper liability' as your first POPLA point and explain why and you will win! As long as you didn't admit who was driving earlier.

    No idea why you used that template above which is quite rubbish, not the one from the Newbies thread and almost says who parked the car:

    '' To charge £50 for a 42 minute period, would mean I would have needed to have been parked for 33.33 hours to justify the charge.''

    OUCH! Terrible template appeal - is it the awful one from the MSE article from months ago? That's why the Newbies thread gives you a decent one. If POPLA think that's an admission of driving then you may have thrown away the simplest slam-dunk winning appeal point straight away. Never mind, include 'no keeper liability' (and explain why) anyway and all the usual points you would find by searching this forum for 'CP Plus POPLA'.
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