CP Plus Witness Statement

ManxRed

They can't charge for people's NI contributions either, those costs happen regardless of whether anyone parks 'incorrectly' or not. Same for their ANPR costs.

doublinedancer

Thanks ManxR. The GPEOL isn't quite so genuine. Do you think that would be called Fettered Discretion. (Apart from just plain lying bar stewards)

Herzlos

doublinedancer wrote: »

The ANPR thing says that "For ANPR cases only - we are required by the BPA to check the data to confirm its' correct."

I guess at a push you can claim that's a cost caused by the breach, but it'll be carried out by someone who's job it is to do so. So there's still no cost.

It also can't be for the upkeep, and I doubt they use a provider which charges them £0.75 per catch.

atilla

Do CP Plus use their own VAT Reg number these days or do they still 'borrow' the MOTO one?
Worth checking.

bootup

I am doublinedancer using my home username bootup, can't log on without reregistering.
I think you are right Herzlos, ill add that into my response.

I'm pretty sure they used their own VAT number but I'll check on Monday.

Any thoughts on their last bit in the witness stement:
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 paying for parking.

I would tend to agree that they lost £21 but unsure how this affects the rest.

Thanks again for the replies.

The_Slithy_Tove

bootup wrote: »

I would tend to agree that they lost £21 but unsure how this affects the rest.

Quite! All the rest is just verbiage. Their genuine losses are £21 (on which they should be paying VAT, as it's a genuine charge, unlike many others) + DVLA fee + a small amount of admin. That's it. By demanding more, their greed scuppers their entire claim.

bootup

Thanks Slithy, I'll get my appeal in covering as many bases as i can think of.

Many Thanks for everyone's contribution. It makes such a huge difference when appealing with the confidence given by knowledgeable people who so willingly give up their free time.

doublinedancer

Haven't updated the result. Pleased to say appeal successful. Thanks for everyone's contribution.

The_Slithy_Tove

doublinedancer wrote: »

Haven't updated the result. Pleased to say appeal successful. Thanks for everyone's contribution.

Can you embellish on this. It helps future cases to know exactly what the POPLA decision was, and which point(s) you won on.

Fruitcake

doublinedancer wrote: »

Haven't updated the result. Pleased to say appeal successful. Thanks for everyone's contribution.

As above, please let us know on what points you won. It would be useful if you could post the whole PoPLA report on the POPLA Decisions thread.