CP Plus Help

ohmy6od2

Good Afternoon,

I am in need of some help to appeal against a charge notice we have received from CP Plus Limited.

Here is a a brief run down of what has happened to date:

23rd July 2015 @ 00.26 our lorry entered the Roadchef services at Watford Gap North. The driver inadvertently fell asleep whilst on a 45 minute break.

23rd July 2015 @ 03.01 our lorry departed.

Unknown date - CP Plus contact our lorry provider (our vehicle is rented), who pass on our details.

17th August 2015 - CP Plus issue us with the charge notice.

The charge notice is addressed to our business name, part of which is slightly incorrect (purely on the spelling, but essentially we know it's us). The charge notice goes on to to say they have obtained our details from the DVLA, and they have been notified by them that we were the registered keeper at the time of parking or the registered keeper has named us as the driver at the date and time of the event.

I am obviously not wanting to pay £50.00 for over staying 35 minutes, so whats the best way to get out of this?

Your help will be greatly appreciated.

Thanks

Quentin

For all advice you need to read the newbies FAQ thread at the top of the forum

ohmy6od2

Whilst this information in the Newbie thread is helpful, it is also quite mind boggling. The post consists of almost 6000 words and when this isn't something you deal with day in day out then I find it quite confusing.

I take my hat off to the person(s) who have gone to great lengths to assist people like myself, I was just hoping for a simpler response if that was at all possible.

Thanks again.

Quentin

Afraid you got to do your own homework and research on this.


Not all of that thread is immediately relevant to you, so concentrate on the first steps and understand those before moving through the rest.

Ralph-y

do a few forum searches for people who have fallen foul of this dastardly deed .....

complain to who ever runs the service station car park ... not the PPC

and .....................

the PPC involved is a BPA member so this is winnable at the second appeal stage if it is not overturned by the landlord / operator.

It used to be POPLA .... but this changing, and at the moment you just register any second appeal with them till the new guy's take over .....

so read up on first / soft appeals

good luck

Ralph:cool:

Umkomaas

ohmy6od2 wrote: »

Whilst this information in the Newbie thread is helpful, it is also quite mind boggling. The post consists of almost 6000 words and when this isn't something you deal with day in day out then I find it quite confusing.

I take my hat off to the person(s) who have gone to great lengths to assist people like myself, I was just hoping for a simpler response if that was at all possible.

Thanks again.

1. For the first stage of your PCN you only need to concentrate on post #1 of the sticky. Take a glance at post #2 if you come across any acronym we use here to check out what it means. This will see you through to making your initial appeal (a ready-to-use template is included for copy and pasting). That's all you need to read and understand at this stage.

2. Should your initial appeal be rejected (more than likely), then it's post #3 which explains how to handle your second appeal. We can provide you with links to winning second stage appeals if you need them at that stage.

3. Post #4 deals with debt collectors. If you've followed posts #1 and #3 you shouldn't get to this stage as you will have won your appeal and it will be all over.

4. Post #5 deals with court proceedings - comments in para 3 above apply.

5. Post #6 covers complaints to landowners, BPA, IPC, DVLA etc and only needs to be referenced if a complaint is necessary.

There's no need to try to eat an elephant in one bite.

Guys_Dad

If you do an advanced search on this Forum only using the word motorway,
you will se previous threads, the advice offered and how things turned out. It will save you some time and focus help.

salmosalaris

Don't identify the driver . CP Plus's NtK's are not schedule 4 compliant AFAIK so this would be a certain win at POPLA. I'm presuming the lorry firm is the registered keeper but for the purposes of POFA your firm or someone in it is the keeper as descibed by POFA , ie the person by whom the vehicle is kept at the time of the parking event .

your firm or you on behalf of your firm appeal to CP Plus as the keeper of vehicle xxx.

Dear CPPlus
Re PCN xxxxx
His company is the keeper of vehicle xxxxx.

The sum demanded is clearly an attempt to demand an unlawful penalty as it clearly does not represent a genuine pre eatimate of your loss .
If you do not accept this challenge and cancel the charge you are required to provide a POPLA verification code so this matter can be taken for independent assessment.
You are required to acknowledge this challenge within 14 days and provide the POPLA code within 35 days as there are no exceptional circumstances and no further communication will be entered into .
If you do not accept this initial challenge and cancel but instead issue a POPLA code I/ we require the following information at the same time so that I /we can correctly address the basis for your demand .
1. Is it a claim for damages for breach of contract ? If so , could you please provide a detailed and itemised breakdown of your genuine pre estimate of loss.
2. Is the charge based on a supposedly contractually agreed sum for parking ? If so could you please provide a valid VAT invoice aa this would be a taxable supply .
3. Is it a charge for something else ? If so , what is it ?

(Up) Yours
xxxxxx

Return once you have a POPLA code , post on here and send me a PM and I may help with your POPLA appeal . Keep all paperwork we will need it .
Get proof of posting of your appeal to CPPlus , eg a free certificate from the post office or a copy of your appeal witnessed by someone else that they saw an identical letter posted to CPPlus on xx/xx/xx by first class post .

hoohoo

+1

Their notices are not POFA compliant, so the keeper is not liable. As the keeper is the company appeal in the company name. Then if they are stupid enough to reject, appeal to POPLA

Dear Useless Parking Company,

Your NTK is not POFA compliant and therefore there is no keeper liability
Yours,

XYZ, authorised officer of company

ohmy6od2

Thank you so much for the replies. I'm going to get this posted in the morning. Can someone just confirm this is ok....?

To whom it may concern;

The ‘Charge Notice’ you have sent us is not POFA compliant and therefore there is no keeper liability. On this basis I request that you cancel the charge with immediate effect.

Should you wish to disagree, please reply to us in writing ensuring that you enclose the POPLA verification code so this matter can be dealt with independently.

You are required to acknowledge this challenge within 14 days and provide the POPLA code within 35 days as there are no exceptional circumstances and no further communication will be entered into.

If you do not accept this initial challenge and cancel but instead issue a POPLA code we require the following information at the same time so that we can correctly address the basis for your demand.

1) Is it a claim for damages for breach of contract? If so, could you please provide a detailed and itemised breakdown of your genuine pre estimate of loss.

2) Is the charge based on a supposedly contractually agreed sum for parking? If so could you please provide a valid VAT invoice as this would be a taxable supply.

3) Is it a charge for something else? If so, what is it?


Yours faithfully,





Authorised officer of XXXXXXXXXXX

salmosalaris

That'll do nicely
Just add that your company is the keeper of the vehicle . Don't want them returning to the hirer and it may be worth letting the hirer know that if they do to pass on any correspondence back to you .
PPC's love hire companies that just pay up and pass on the charge to their client