Judment for Claimant

silly_bean

Thank you.

The first email I sent was to Cp Plus and they rejected it. Clearly too honest for my own good. They then sent numerous dept collecting letters which I ignored. I think the main issue is that I haven't filled in some form that the court sent me? I never had my eye on the ball to take it off! I always pay my bills, VAT and TAX on time so no issues there. With the legitimate belief I had done not much wrong other than overstay an unknown time limit (two hours free then whatever it was after that).

No I didn't receive an acknowledgment email back from HMC&TS. This is the email I sent with the address given to me on the form.

Re: HM Court & Tribunals Service
Claim number C70YM793

Dear HM Court & Tribunals Service

I have recently had some mail requesting payment for a parking ticket incurred during a meeting with a client at Moto Service Station, Cheiveley, Newbury back in 2014. Having received a county court claim I am now asking if the Service station realises that they take their customers to court? As already stated, I have receipts showing that I was indeed inside the facility purchasing breakfast and coffees for the duration of my meeting here. I met with a client from Swindon who was travelling to London and as I live in Newbury we thought it a good central meeting point with the facilities for breakfast and drinks. I had no idea parking was not free.

As I have already stated, I saw no evidence of parking fees and no meters and once inside there was no mention of paying for using the facility and to my shock received a parking ticket from CPP. Until I receive comment from the service station I cannot see why CPP should charge me to be on Moto land? I did not leave the car there for any other reason than to be in the service station.

I always pay where necessary with meters or ticket machines. There are usually clear instructions in any Council car park CPP should make it clear to users and make their signs bigger so people can actually see them. Catching people out when they are genuinely unaware of having to pay to park in a service station is really quite horrible. Is this the service station's idea of gaining revenue or CPP's?

I look forward to hearing from you in due course about this incident and the matter of having to pay CPP for a parking ticket on land not actually belonging to them.

Yours sincerely

silly_bean

I had resigned myself over to pay this today and get it out of my head. I'm not sure I have any space left in it to deal with and give it my attention. This is why I am here now. Emails are usually the best type of correspondence as there is evidence but I have no evidence or response back from any of it.

I sent an email to the solicitor on the claim form and he too has said I should have followed the instructions on the claim form. Emailing a claim was clearly not an option! I have admitted being in the service station, I was clearly the driver but had no idea of the parking regs. Shame on me.

System

You have my sympathy and you have to do what's best for you.

We're all here becuase we have been "caught" in some way or another. Some have the time to deal with it, some don't. But spread the word that help is here (or Pepipoo) if needed.

silly_bean

I have contacted Moto again today (seems like all their parking related emails go directly back to cpp!!). I have never had a reply from them apart from today. Now I know why! I tried entry in to Moto via a different email address and Moto have given me another email address that does not go directly to cpp and said they would investigate the matter further although not holding out much hope.

CPP have very quickly replied to this email which was sent to a moto email address!

Dear Madam,

Thank you for your recent correspondence regarding the above Parking Charge Notice.

Please be advised we responded to your appeal of this Parking Charge Notice on 8th December 2014, whereby, we explained that after careful consideration your appeal had been rejected.

Following the rejection of your appeal we provided you with the option to appeal further to, POPLA, the independent appeal adjudicators or to pay the outstanding sum of the PCN. We also advised you that should you appeal further you may forfeit the option to pay the Charge at the reduced rate.

After being provided with the above information, you chose to take your appeal further to the independent adjudicators, POPLA. On 30th January 2015 the POPLA adjudication found in favour of us (the operator) and, subsequently, you had 14 days to pay the full amount after which further action would be taken.

On 16th February, full payment of the PCN had not been received and, as such, we sent a chaser letter advising you of the amount outstanding for this PCN.

Following the chaser letter issued on 16th February, you failed to settle the Notice in full and as we previously advised failure to pay the PCN in full may lead to further action may be taken.

Consequently, in June 2016 we referred the matter to JMW solicitors who are now acting on our behalf and actively pursuing this matter. Their previous correspondence provides you with the options that are available to you and, as such, we suggest that you refer back to this correspondence to progress this matter.

Yours faithfully,

CP Plus Limited

Coupon-mad

Such a shame, the first case we've seen of CP Plus winning anything. They don't even win POPLA appeals when people are assisted on forums (and I mean they NEVER win at POPLA against a forum appeal).

Do you not remember receiving court papers over the Summer? CP Plus' letter seems odd in that it doesn't mention a court claim.

HO87

Given the timings - especially that CPP don't know the outcome - I suspect that the OP simply missed the MCOL deadlines and JMW have applied for a default win after the 14 days. The sooner she pays up the better as she might still just avoid a CCJ.

The_Deep

The amount, £267, is almost certainly more than the PPC was entitled to, even if they won fairly and squarely. She could, if she was inclined, write to the SRA complaining, firms are already being investigated for this.

If she has a breakdown of the award she could invoice the PPC for the overcharge, and take them to court if they do not pay.

I am surprised that the court did not query this when they allowed the default.

HO87

The_Deep wrote: »

I am surprised that the court did not query this when they allowed the default.

I think it has been explained several times before but default cases do not see any human intervention least of all any judge (procedural or otherwise) during the process. Provided a claim has been sent out; no response has been received at Northampton within the 14 days and the claimant files a request a default judgment is automatic.

The_Deep

In that case, I am surprised that there is no human intervention.

fatbelly

HO87 wrote: »

Given the timings - especially that CPP don't know the outcome - I suspect that the OP simply missed the MCOL deadlines and JMW have applied for a default win after the 14 days. The sooner she pays up the better as she might still just avoid a CCJ.

Yes, it's only recorded if unpaid after a month, and they have been quite clear about it

If paid by 20 November 2016 (cleared funds being received in our office by this date) we will write to the Court asking them for the Judgment to not be registered against you.