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Legal notice from CP Plus

Hi folks

Looking for some advice please, I have read through the newbie thread but still not sure where I stand with the following.

I have a company car which is leased via uk wide provider.

My company received a penalty notification notice for myself overstaying a visit to a service station whilst in Scotland (I live in England) it might help to note that the client I was meeting was also issued with the same notice which was rescinded when he complained directly to business premises. ( I only found this out this week upon speaking to the client)

When my employer advised me of this I told them to ignore it ( I had Ben in this situation with my privately owned car before with Parking Eye, which went away when I ignored it)

Following week, second letter from CP Plus now asking for £140 at which stage my employer again asked what my intentions were and again I advised them to ignore.

Few days ago my employer received a legal warning letter (can't say who from unfortunately as I haven't seen it) but they are now insisting on paying it to prevent court action and taking the sum from my salary.

I understand my employer being nervous upon receiving the legal threat but I still feel that (given what I have read on here and my previous experience) they will give up after this attempt but I am u sure what to do for the best.

Appreciate any help.

Thanks

Replies

  • RedxRedx Forumite
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    stupid advice telling them to ignore it as POFA2012 came in 3 years ago and unless they name the KEEPER they can be taken to court over it

    you should have told them to name the KEEPER and should do so asap to prevent any court action to themselves

    ignoring PE is never a good idea as they take over thirty thousand people to court per annum

    as for PE , its only "gone away2 after 6 years have elapsed so I doubt that any previous pcn,s are more than 6 years old that you have ignored, so could still resurrect themselves

    tell your employer to send the PPC a letter naming the KEEPER and their address, then deal with it when the KEEPER gets a pcn in their own name

    if you are going to give your employers legal advice, make sure it is correct and not miles out of date in future
  • Edna_BasherEdna_Basher Forumite
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    I think Redx may not have picked up the part in your post explaining that this incident took place in Scotland where POFA 2012 does not apply.

    Over the last year or so, our company has received a small number of invoices from CP Plus, the most recent of which related to an incident in Scotland. We have already written to tell CP Plus that there are no circumstances where our company could ever be liable for this charge.

    I hope your employers understand that they are in the same position as our company. If they are prepared to hold their nerve for a little longer, I recommend that rather than ignoring CP Plus, they write a short letter along the lines of:

    Dear Sir,

    Parking Charge Ref [1234567]: Vehicle Registration FU2CPP

    We refer to the above Parking Charge Notice (“PCN”) dated issued by to our company [ABC Limited] in respect of an alleged contravention of the terms and conditions of parking at [Name of Location in Scotland] by the driver of the above-detailed vehicle on [Date].

    We note that your PCN does not seek to claim keeper liability; this is quite correct given that Schedule 4 of the Protection of Freedoms Act 2012 does not apply in Scotland. Given that there is 0% probability that [ABC Limited] (as a body corporate) could have been the driver, there are no circumstances where [ABC Limited] could ever be liable for this charge.

    Please provide within 28 days of this letter written confirmation of CP Plus’s acceptance that it cannot and does not hold [ABC Limited] liable for this charge.

    Thank you for your cooperation and we look forward to receiving this confirmation.


    Yours faithfully,



    [Insert squiggle as a signature]


    Speculative Invoice Management Department
    [ABC Limited]


    If your employers are not willing to hold their nerve, then they should follow Redx's advice to name you as the vehicle's KEEPER.
  • edited 30 December 2015 at 5:29PM
    RedxRedx Forumite
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    edited 30 December 2015 at 5:29PM
    I didnt miss it, I picked up the part that says the KEEPER lives in england but the transgression was in scotland, so I based my reply on that fact , the OP hasnt actually stated where the company HQ is located or where the car may be registered so I erred on the side of safety in case POFA 2012 applies to the company and to the keeper

    the point about the incident being in scotland and the company cannot be the driver may be a valid one and I accept you do more of this than I ever would, so its an interesting issue ;)
  • Thanks for the replies. Company is registered and located in England
  • Coupon-madCoupon-mad
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    Get the company to send the letter suggested by Edna Basher. Not only does the POFA not apply in Scotland but also, CP PLus do not use the POFA in any of their NTKs anyway.

    With CP Plus, a company CANNOT POSSIBLY be liable in law so tell the company that and assist them to see off this scam.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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