CP Plus Taunton Deane North Services Ticket

surveyor_101

So I went there on a Sunday and again on Tuesday which according to their date and time stamps would be 34 Hours and 20mins.

However they only claim I was there 13hrs 20 mins!!!!

Carthesis

Did you by chance call in "there and back" on the Sunday?

Either way, sounds like a classic "double-dip" case to me.

First port of call is the **NEWBIES** thread. Then read the linked "double-dip" thread which contains information and links to some other cases.

You could - potentially - be in line for a bit of a pay-out from them yourself, although that might require a bit of work on your part.

surveyor_101

THEY CLAIM i CAME IN 18:57 ON THE 27/11/2016

AND LEFT 8:17 ON THE 29/11/2016.

i HAVE SENT THEM THE LETTER FROM PARKING COWBOY BUT I AM NOT A NEWBIE I HAVE DFENEDED A FEW OF THESE NOW AND WON A POPLA APPEAL

Carthesis

Well, good for you.

The **NEWBIES** thread remains the one-stop shop for 1st stage appeals, and is regularly updated with new information.

Your's is still clearly a double-dip case, and should be defended as such. The fact they've managed to incorrectly complete the NTK with incorrect times for their incorrect double-dip ANPR is just a cherry on top.

Half_way

As above it appears to be a case of double dip.
a nice complaint to Roadchef (or whoever, ie moto) should kick things off...

Dear motorway services area, regarding a parking charge issued by your agents Cp plus.
My vehicle made two visits to your site on (date) however your agents, CP plus have decided to show these two visits as one.
I believe that these failures stem from the use of automatic number plate recognition in use by your agents, and these shortcomings of ANPR systems are well known, and widely reported.
Your agents, CP plus have clearly failed to act in a professional manner, and have shown a scant disregard for my personal data in processing it in this way.

I would at this point like to remind you that you are jointly and severally liable for the actions of your agents, CP plus.



You should then modify the below from Lynzer on pepipoo, aimed at the motorway services, s their agents clearly have had no cause to access your data.
I would suggest that you ease off a little as first contact, only going full throttle at them if they refuse.
Also include something like "As a gesture of goodwill i am prepared to forgo my costs at this stage on the condition that the parking charge is cancelled immediately, and you issue a full apology together with re- assurances that this will never happen again

You have obtained my details from the DVLA when you have no right to do so.

I am of the opinion that you don't care if you have rights and perhaps rely on your victims believing that some contract with the Managing Agent of the premises or even the landowner, allows you to apply parking terms on the car parking spaces at the premises. This is a mistaken assumption, as you will know anyway, even if nothing more than reasonable assumption is applied.

I am resident at the premises to which the parking is attached as part of a lease with unfettered rights to its use. My residency is evidenced on the actual Registered Keeper details you have sought from the DVLA.

You have a duty of care to comply with the necessary Code of Practice of your Accredited Trade Association, the International Parking Community. The requirements laid out in the Code of practice make it clear that you must only operate on land where you have the landholder’s permission. You have failed in that duty.

Your involvement in your supposed parking management arrangements place on you an obligation to ensure that proper consideration is given to all the facts. Lax contractual assessment is not an excuse for a derogation of your duty.

You will know that as this is a residential location the residents will have a lease or agreement for the property they rent. It would be incumbent upon you to consider the leaseholder rights in respect of the use of allocated parking spaces, especially since it is widely known that managing agents often get a kick-back in commission for allowing predatory parking companies to take control of land. They have no other real interest otherwise.

Mere supposition is insufficient as to how you arrange these matters with the landowner's agent. Careful scrutiny of an actual lease would be required to confirm or refute your legitimacy in even taking on a contract for parking management, or as it turns out, mismanagement. You have therefore failed in the duty of care necessary in your collection and processing of my personal details.

Access to the DVLA database for my personal details was unwarranted and unlawful due to the fact that you had no rights to operate on the land without the appropriate authority and subsequently access my data.

I am therefore submitting a complaint to the Information Commissioner’s Office about your misuse of personal data and now make a claim against you for punitive damages to the extent of £750 for the wrongful application for, and misuse of my information from the DVLA. This is a serious matter and one which is both stressful and degrading.

Separate to that complaint to the ICO another complaint will be submitted to the DVLA about your conduct.

I now claim the amount of £*** for your trespass at a level you have already determined to be reasonable.
An additional amount of £750 for the damages is also claimed for wrongful application of, and misuse of the data from the DVLA. This is already adjudicated on as being reasonable as evidenced by the case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199

The total amount claimed is therefore £**** (add up the 2 amounts)

To prevent this matter being taken to court I require payment within 14 working days from 2 days of the date of this letter. Failure of this will result in a court claim being instigated and consequential separate costs being added for the added expense.
Yours sincerely

A post by lynzer on pepipoo here http://forums.pepipoo.com/index.php?showtopic=109755

surveyor_101

Was kind of my view, how can I be in for a payout?

Anyone got any experiences with CP Plus? Funny enough a police friend warned my about these service stations and said there had been s spate of tickets issued recently, I have been using it for years and this is the first one.

Castle

And Mr Owens's (Ex ICO) letter in another double dip case:-
http://parking-prankster.blogspot.co.uk/2015/10/parkingeye-subject-to-data-protection.html

pappa_golf

surveyor_101 wrote: »

Was kind of my view, how can I be in for a payout?

Anyone got any experiences with CP Plus? Funny enough a police friend warned my about these service stations and said there had been s spate of tickets issued recently, I have been using it for years and this is the first one.

how would your friendly police friend know about a spate of tickets? the ticketing is done by ANPR NOT tickets on the car , and delivered to peoples registered addressess within 14 days , I would say that users of motorway services are not normally local , but often from all parts of the country

Carthesis

All of the above is covered on the **NEWBIES** thread, and the linked "double-dip" thread, which I pointed you to in the first reply.

surveyor_101

This services has an access road used by locals to get to a village.

I don't know how he knew but he did mention it.

Carthesis

There's a similar case on PPs blog, where a services has a cut-through access road, I'm sure.