Motorway services parking fine issued - I wasn't there! Advice please!!

pogofish

Castle wrote: »

Here's a nice list of "rear access" service stations:-
http://motorwayservicesonline.co.uk/Rear_Access

That site has just cost me the rest of this afternoon. My inner spod is very happy- UNBUILT STATIONS! :eek: :rotfl:

jkdd77

RK liability applies to parking, not driving. If the vehicle was never parked, then RK liability can never apply, regardless of whether CP Plus's letters would otherwise be sufficient to invoke it.

pappa_golf

however the codes of practice say that you have 10 mins to read signage , decide to stay or go , in the case of a motorway services , this would start after the first 2 hrs


driving or parking means nothing to a PARKING company

timelapse41

Many thanks all for the advice. Pogofish - It was an English Services.

timelapse41

No proof unfortunately, would have just had a sleep then returned in the morning.

timelapse41

Thanks @coupon-mad

I found a template letter below, but this was geared to Scotland.

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,

If you or anyone could point me to the relevant thread/copy or paste one for an England service station that would be amazing. (Sorry for being a bit crap but just spent half an hour on forum and baffled by all the different letters quoted etc).

I will then use that with a preface informing them of what the driver actually did.

Thanks in anticipation.

pappa_golf

why are you going on about scotland , the offence happened in england

timelapse41

Was advised to look for one of Edna Basher's templates, but that was the only thing I could find in relation to CP Parking.

pappa_golf

well unless you live in scootland and the car park was there , I would leave it out , coz they will laugh

Umkomaas

timelapse41 wrote: »

Was advised to look for one of Edna Basher's templates, but that was the only thing I could find in relation to CP Parking.

Edna Basher's templates won't necessarily be about CP Parking. The name of the PPC is wholly irrelevant to the detail you need.

Substitute the name of the PPC EB was fighting to that of your own. You're looking for an absolutely identical match to your situation - doesn't work like that.