Parking Notice CP plus

AlyB_2

Looking for any advice, I live in Scotland as I know enforcements can differ from England. I received a 'Parking Notice Enclosed' from CP Plus Ltd, in hospital grounds. This notice does not state Charge or Penalty, just Notice. Is this a legal parking ticket, as it was not issued by the police or council, can this be enforced. As I have heard that some are not if from a private issuer.

Redx

all explained in the NEWBIES FAQ sticky thread near the top of the forum

please read it , especially about Scotland

Coupon-mad

AlyB wrote: »

Looking for any advice, I live in Scotland as I know enforcements can differ from England. I received a 'Parking Notice Enclosed' from CP Plus Ltd, in hospital grounds. This notice does not state Charge or Penalty, just Notice. Is this a legal parking ticket, as it was not issued by the police or council, can this be enforced. As I have heard that some are not if from a private issuer.

In Scotland none can be enforced against a registered keeper who never says who was driving! But if you want it cancelled (to avoid the silly debt collector threatograms for months!) you could send them Edna Basher's special challenge, which should work, I have tweaked it to suit as I assume this occurred in Scotland where you live?



"Dear Sir,

Formal Dispute and 'Section 10 Notice under the Data Protection Act (DPA).
PCN Ref No. [xxxxxxx], Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) dated [Date] issued to my vehicle by CP Plus Ltd (“CP Plus”) in respect of an alleged breach of the terms and conditions of parking at [Location of Incident] by the driver of the above-detailed vehicle on [Date of Incident].

I confirm that I am the vehicle’s registered keeper and I write to formally dispute this PCN and to assert my right to insist you cease and desist with processing my data because you have no lawful cause to store or use it.

CP Plus cannot rely upon the POFA 2012 to claim unpaid parking charges from a vehicle’s keeper if the event occurred in Scotland. In order to understand why, I suggest that you carefully study the details of the POFA which clearly states that 'keeper liability' only applies in England & Wales. The driver will not be named and whilst I am aware that POPLA is not an option regarding private land in Scotland, I would remind you of the opinion of expert parking law barrister and erstwhile POPLA Lead Adjudicator, Henry Greenslade, who stated in his Annual Report 2015 that there is no lawful presumption that a keeper was the driver on any given occasion and no parking operator should ever suggest it.

In the absence of any evidence as to the identity of the driver, your charge must be cancelled.

If you are minded not to cancel this charge, I suggest CP Plus should seek legal advice before writing to me about this again - and/or before passing the case to a debt collector agent - because you are required to take formal note of the fact that I do not consent to you or your agents storing or processing my data.

You must consider this a Section 10 Notice under the DPA. Thank you for your cooperation. I expect to hear no more about it, save for your confirmation within 21 days, that you have complied with the DPA requirement to cease processing my data and that of my vehicle and to delete the information from your records.

Yours faithfully,


(add your name and postal address on this email).