Parking Ticket from CP Plus

winsorjones09

Hoping you can help me!

My car was parked in a railway station car park last week (owned by CP Plus) whilst the driver was at a nearby Army base. The driver paid a sufficient amount for parking as the car was going to be there overnight, and when the driver returned to the car the next day the car had received a ticket.

The reason for this ticket was because the car was 'parked in a restricted area'. When the driver inspected said restricted area they noticed, in faded writing on the floor that they had parked in a seasonal ticket-holder bay. When the driver had initially arrived at the car park, it was raining, and saw no obvious signs that they had parked in a restricted area (no signs other than the writing in front of the bay and nothing at eye level to suggest it was restricted). Unfortunately, when the driver found the ticket and then noticed the writing on the ground, they decided not to take a picture of the bay as they thought it would be irrelevant if they were to appeal.

My problem is: the price of the ticket is £80, or £50 if paid within 14 days. This is utterly ridiculous. Yes they were parked in a 'restricted' area, but they were not blocking access in or out of the car park, they had paid to park there (in fact the ticket was paid to stay there until 2359 hours and they left at 1300 hours so in actual fact had overpaid to stay there). Parking in this 'area' has not resulted in any loss to the company. Surely the driver would have paid more to park in the car park than a seasonal ticket holder would have? £80 or £50 is completely disproportionate to any losses the driver may have caused this company (if any!).

I had a friend who received a ticket from the same company (different car park) last year, they ignored the 2 follow up letters and nothing more was heard.

What should I do?

Coupon-mad

Just read the Newbies thread, appeal around day 26 by email (not later than day 28) as registered keeper. Use the template I wrote - don't add to it. DO NOT say who was driving nor talk about the 'story of what happened' or who 'parked' the car! Do NOT talk about restricted areas or any other pointless details.

They'll reject and offer POPLA and they'll probably take their eye off the ball and forget to send any 'Notice to Keeper' before day 57 (hence why you appeal fairly late by email, towards the end of the 28 days). If they do send a Notice to Keeper it won't be capable of 'keeper liability' - they only use Notices applicable to DRIVER liability - so it's obvious why the appellant has to be the keeper.

Also at Railway car parks keepers can't be held liable anyway but that's just icing on the cake.

Forget the 'discount' bribe and first 14 days rubbish, you won't pay a penny. You don't have the 'problem' you think you have! CP Plus are soooo easy to beat at POPLA. Idiots, fancy changing their Notices so that keepers can't be held liable, they haven't a clue. They've issued a POPLA code to me recently, after I appealed for someone pointing out that the keeper can't be liable and why, and pointing them in the direction of the POFA 2012. Madness. They must like losing.

DO NOT IGNORE THIS - THAT WAS OLD ADVICE, 3 YEARS AGO. YOUR FRIEND NEEDS TO WISE UP OR HE'LL IGNORE A PCN FROM PARKINGEYE OR NAPIER ONE DAY AND HE'LL REGRET IT!

winsorjones09

Hello,

I sent the template letter to CP Plus (as found in the Newbies section) and I have just received a response from them; however they do not offer a POPLA code in order for me to appeal their decision (obviously they rejected my initial appeal).

This is their response:
"Thank you for your correspondence regarding the above Penalty Charge Notice (PCN).

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, as your car was parked in a restricted area.

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 per PCN. After this period the charges will revert to the full amount.

Please call the automated payment line on 0845 070 4277 or go online to pay the charge, quoting your PCN numbers. Payment can also be made by sending a cheque or postal order payment to the P O Box address below, making note of your PCN references on the back.

Please note that there is an administration fee of £1.50 when paying online or by phone.

If you are not satisfied with the outcome of the appeals process you can write directly to South West Trains using the address below.

Customer Relations
South West Trains
Overline House
Southampton
SO15 1GW

customerrelations@swtrains.co.uk

I hope your future visits to South West Trains car parks pass without any further problems."

Please help, as I'm not sure what to do!! many thanks

Coupon-mad

Was the original PCN called a penalty charge or a parking charge notice?

Ian011

The usage of an 0845 number appears to be a breach of the industry code of practice, and of Regulation 41 of the Consumer Contracts Regulations 2013.

Failure to declare the Service Charge for the premium rate 0845 number is, additionally, a breach of Ofcom regulations that came into force on 1 July 2015.

winsorjones09

Hi, the notice itself says that it is a penalty notice, however the little yellow bag it came in says "PARKING NOTICE ENCLOSED"???

Coupon-mad

I have a feeling real railway parking penalties are only possible under Byelaw 14 which is for 'failure to pay' the tariff. This is likely to be a mess that will go nowhere.

Here you go, happy reading, Google these words after changing the DOT back to a .

south west trains penalty parking site:wwwDOTpepipoo.com

You can complain to Passenger Focus about this misleading practice because this is not a penalty under any byelaw and CP Plus are likely to just send some silly letters for a few months. You'll be in 'ignore the debt collector letters' mode, which is amusing. Don't pay them.



HTH

winsorjones09

Thank you, I have visited the website you gave me but it has only confused me more. I'm not sure what to do anymore - respond to CP Plus (requesting POPLA/pointing out they spelt my name wrong and what Ian0111 pointed out above), or complain to DVLA or Passenger Focus, or email south west trains (but judging by that website you gave me, I shouldn't contact south west trains direct), or do I ignore and hope for it to pass (like a migraine lol). Are there any more template letters if I complain direct to south west trains or DVLA, or passenger focus?

This has all gotten very confusing as to what to do for the best, my husband is ready to pay the fine but I'm not ready to give up....yet.

I also ready somewhere that if the car park is leased by Cp Plus then the fine is unenforceable but if it is operated by CP Plus as agent for the station then it will be heard in the magistrates court and may be difficult to avoid payment.


So sorry, but I really appreciate all your help :-)

ampersand

f.a.o..
HUSBAND OF OP-
It isn't a 'f - -'.
STOP USING THAT WORD, PLEASE!!!

Don't even think of paying lowlife scamsters.

Read this Thread instead and work from it together.
#
-just can't stand seeing good, earnest people failing to take proven, failsafe advice from expert forumites, yet still contemplating turfing blood money over to charlatans.

winsorjones09

There is just a lot of different contrasting information and we're scared to pick one in case it's the wrong one and we end up having to pay it anyway ��

ampersand

But why would you end up paying anything to scamsters?

You are still not reading simply. Over-thinking? - yes, definitely.

There is 'different and contrasting information' because planting peas is not the same as baking a cake.
#
c-m is queen among experts on this site and her #3 advice was-
appeal around day 26 by email (not later than day 28) as registered keeper. Use the template I wrote - don't add to it. DO NOT say who was driving nor talk about the 'story of what happened' or who 'parked' the car! Do NOT talk about restricted areas or any other pointless details.

and all of #7 - please. What does the last sentence say? 'Don't pay them.'

You can't truly be considering propping up a scam company by supporting it financially?