CP Plus Witness Statement

doublinedancer

Hi Everyone,

I now have the evidence pack from CP Plus which contains their witness statement and costs. I have never seen one of these before so would be very grateful of your valuable comments on its validity.
This is for a motorway services where a commercial driver ran out of hours and had to be picked up by another driver so was overtime.

Witness Statement

Dear Sir/Madame,

On behalf of Moto Hospitality Ltd I can confirm thefollowing details
The site isMOTO Heston West, the owner of the site is Moto Hospitality Limited, and theoperator is CP Plus Limited.

Furthermore,I can confirm that the Operator has the authority of the landowner to undertakeparking Management, control, and enforcement at the site. This authority was ineffect during the Landowner for the Operator to issue parking charge noticeswhere vehicles are parked on the site in a manner not permitted under the termsand conditions of parking.

The termsand conditions of parking are clearly set out on signage on site. The issuingof a parking charge notice is subject to the agreed criteria and exemptions,also clearly set out on signage at the site.

The Operatoris authorised to issue a parking charge notice for breach of the terms andconditions referred to above. The Operator is also authorised by the Landownerto pursue the outstanding parking charge in accordance with the British ParkingAssociation Approved Operator Scheme Code of Practice.

I confirmthat I am authorised to make this statement on behalf of the Landowner and thatthe above information is true to the best of my knowledge and belief.

Name: Paul Corner

Position:Commercial and Purchasing Manager

For and onbehalf of Moto Hospitality Limited.

Date: 30th June 2015

They have included their costs of 112.30

They open by stating that we appeal on behalf of the driver therefore keeper liability does not need to be established, although we have only stated that our company is the leasee.

My challenge was on all the usual points from your various threads but one difference was that the vehicle was leased so originally went to the registered keeper who have forwarded on to me. I have then identified the company as the leasee and made my challenge however, all their correspondence was addressed back to the registered keeper. Eventually we have received the evidence pack from POPLA which includes a Section D "Registered keeper details and liability trail" in which they state the name of the registered keeper and as the driver details they name the company who are the leasee. Suppose they think that all of the employees are guilty. Their letter of rejection with the POPLA code was also sent to the registered keeper but i have appealed as the leasee and only then have received anything direct thanks to POPLA who e-mailed it.

In their case summary they bang on about the Beavis Case which looks plagerised from PE with an equal amount of distortion. They do note however "that this case has been granted leave to appeaL to the SC. However, the judgements passed down thus far by the County Court and Court of Appeal have provided a clear endorsement of Operators rights to issue a PCN and establish a legal precedent rebutting drivers who appeal a PCN on grounds that the charge does not reflect a GPEOL.


Finally they add "Whilst we note that the above case relates to a PCN issued in a free car park with a limited time period, we highlight that not only has the appellant received the valuable benefit of 2 hours free parking which is on offer to all drivers, our company remained on site for the period after the 2 hour limit for which they should have paid £21. As such there is a clear loss to be recovered in addition to the above legal case which did not involve payi ng for parking.

They go on to say that the signs comply with the TSRGD and state that "Advice and workimng drawings may be obtained from [EMAIL="traffic.signs@dft.gsi.gov"]traffic.signs@dft.gsi.gov[/EMAIL].

I would greatly appreciate your valued comments on their witness statement and subsequent comments. Never seen a lot of the stuff they have included

Pretty sure POFA has not been complied with as no keeper liability mentioned on any correspondence. No NTK or NTH just a "Charge Notice" (Is that legal?)

Any help woyuld be greattly appeaciated.

bazster

Have you contacted MOTO directly? They usually cancel these when informed that the overstay was for safety reasons.

trisontana

Do they give a breakdown of their so-called "costs"?

Guys_Dad

Paul Corner???. Are you sure it is not a Paul Comer? Please check again.

Would love it if it was a Mr Schwarts situation again.

doublinedancer

Yep GD, it's Paul Comer, pjut the eyes on to check.
They did give a breakdown of costs Trisontana:
Parking Permit £21
ANPR Costs £0.75
DVLA £2.50
Documents £0.30
Post £1.84
Appeals Executive. £11.83
POPLA incl. evidence pack etc. £73.98

Didn't contact Moto directly Bazter, thought i had enough to go to POPLA and cost them money. I'd like to give it a go as i thought that i had enough with POFA non compliance but this is a pretty comprehensive evidence pack.

Many Thanks everyone for taking a look so far.

ManxRed

Parking Permit £21
ANPR Costs £0.75
DVLA £2.50
Documents £0.30
Post £1.84
Appeals Executive. £11.83
POPLA incl. evidence pack etc. £73.98

Oooh, they were doing so well until the last one.

Does EVERY driver appeal to POPLA then? I don't think so. So why are they incorporating this charge into their charges? If someone simply pays up then they've paid £73.98 too much. They need to dilute this £73.98 by the percentage of people that actually get as far as POPLA. Say 1%? 73p?

Otherwise they're claiming that the cost of one single POPLA appeal is £7,398p. Who's doing them? Chris Evans??

doublinedancer

Thanks ManxRed. Their description is:
Cost of compliance Co-Ordinator including Employers NI to administer the POPLA Appeal, collate required information and build, print sign off and send POPLA Evidence pack.

Quite a handful poor things.

Any thoughts on their witness statement?

Guys_Dad

The condition is that POPLA is free of costs for the motorist. They can not claim their POPLA costs!

Their witness statement seems pretty sound as long as Comer did sign it.

Herzlos

Why are they charging you £21 for a parking permit? Is that how much you should have paid to stay longer? It's normally £10.

They also can't charge you for their appeals executive, because that's a cost of doing business; presumably the appeals executive spends their time dealing with appeals. How long did they spend on it?

As said about POPLA; it's supposed to be free to the motorist. Staff time dealing with it also shouldn't count as it's a cost of doing business.

What's the 75p for the ANPR for?

Their real costs are the DVLA fee, stationary and postage, or £4.34 on top of whatever parking charge they claim you owe them.


Their evidence pack will be almost entirely fictional, and you shouldn't have any real problem objecting to pretty much everything they say. So do that, and at the same time, get moto to cancel the original charge. But do both.

nigelbb

I assume that it's £21 for an HGV not £10-12 for a car.

doublinedancer

That is correct nigelbb, it was an HGV.
Comer did sign the witness statement GD
I'll phone up as Herslos suggests as well as appealing. The ANPR thing says that "For ANPR cases only - we are required by the BPA to check the data to confirm its' correct." Looks to me like the appeal will be based around their inflated costs, no mention of POFA in the NTH, the company wasn't the driver, my statement just said "The vehicles is leased from.......by this company", their Charge Notice just says CP Plus and doesn't identify the creditor as such. Driver ran out of hours and a second driver went to collect the vehicle.

Thanks for your replies everyone. Great advice as usual and thank you for giving up your time.