CP Plus

aftershockbm

Hi,

Not sure if this is covered under unfair parking. Any advice welcome. My son pulled over into ROADCHEF strensham north as he was too tired to continue driving (like it says - tiredness kills). So he did the right thing. He got there at 12:10am and fell asleep in his car until 3:14 which is over the free time you are now allowed to stay in the motorway services car parks. I feel this is unfair. He has until tomorrow to pay a reduced sum of £50 or afterwards £100. What should I/he do.

The_Deep

It is not unfair, it is their land, so they make the rules.

However the sum is disproportionate to their losses and can be appealed thusly. Also, do they have proper contractual authority, are their signs readable, compliant? Are their planning permissions OK? Is the paperwork compliant, in time?

I suggest you read the stickies, then come back with a draft appeal to the PPC, this is not a free lunch, you need to put in some effort.

aftershockbm

thanks for the info, my son did not think to look at take pictures of signage etc. Not after a free lunch, just some advice at the moment. I do appreciate your help.

Guys_Dad

The_Deep wrote: »

It is not unfair, it is their land, so they make the rules.

However the sum is disproportionate to their losses and can be appealed thusly. Also, do they have proper contractual authority, are their signs readable, compliant? Are their planning permissions OK? Is the paperwork compliant, in time?

I suggest you read the stickies, then come back with a draft appeal to the PPC, this is not a free lunch, you need to put in some effort.

No longer an appeal point with any chance of success after Beavis today, I fear.

Redx

todays Supreme Court ruling does not help the OP or his family

he can and should appeal it, but not a gpeol is now a dead argument as the judges have ruled in favour of penalties like these

the best option is to complain to the landowner/retailer and get it cancelled

any appeal may win on other appeal points, such as no contract , poor signage , ntk flaws and other legal arguments

the NEWBIES sticky thread, 3 threads down from the top of the forum explains all this, which I am sure will be updated to reflect todays court ruling

The_Deep

... No longer an appeal point with any chance of success after Beavis today, I fear.

Not all PPCs can argue that their charge is commercially justified, what about a two minute overstay in a P&D car park, what about an out of town car park nowhere near a railway station, what about a tyre over the line, what about a PPC who have no financial interest in a car park, what about an "own space" ticket, at a hospital or university where a permit is not displayed.

These arguments may not now wash with some judges, but surely they are worth a try.

Herzlos

The Beavis case might not apply here - there needs to be justification of some sort.

The bigger one here is the signage - had the signage been sufficient, your son would have known that he had to pay £10 or so to stay longer, but as the signage is always awful at these sites (wonder why?) it's not reasonable for anyone to assume he's entered into a contract to which he was unaware. It's also not fair to assume a contract must exist and he should have looked for it, because of the road safety advice to do exactly what he had done.

Coupon-mad

aftershockbm wrote: »

thanks for the info, my son did not think to look at take pictures of signage etc. Not after a free lunch, just some advice at the moment. I do appreciate your help.

Yes, so when you read the NEWBIES thread yesterday after the first reply to your post, you will have found the first template appeal for the registered keeper (NOT SAYING WHO WAS DRIVING) to email to CP PLUS.

Then you win at POPLA later on, using the usual appeal points including the fact that the Notice does not meet the POFA 2012 wording for 'keeper liability' so the keeper cannot be liable. And you point out why, a simple comparison with paragraph 9 of Schedule 4 of the POFA (anyone can do it with CP Plus Notices, they are not intended to be POFA ones so it's not difficult to spot the difference once you look).

All covered umpteen times every time anyone mentions CP Plus so search the forum & read some other CP Plus threads recently, as well as the 'NEWBIES READ THIS FIRST' sticky thread near the top of the forum that you appear to have not read yet.

You will get a free lunch because you won't be paying a penny - but DO NOT APPEAL AS DRIVER.