CP Plus/ Parking Collection Service - Railway

Bradden

Hi

Looking for some advice.

My vehicle was parked at Farnborough Main Railway station at the end of last year when it was ticketed for not parking in the marked bays. I believe it was parked within the bays but that these are not clearly marked.

I've attached photos.

The car was given a notice on the 7/12/16 followed up by an invoice in the post received on the 14/1/17.

What concerned me was the letter states it's being administered by Parking Collection Services.

After doing dome reading on here I emailed an appeal on 26/1/17 to CP Plus stating this:

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

With the greatest respect, your Notices to Owner/Keeper/Hirer do not explain the legal position adequately. Clearly I cannot make an informed decision unless and until you clarify your legal standpoint. Therefore would you please let me have your responses to the following as soon as possible:-

1. Please state clearly the exact Byelaw, section and paragraph upon which you rely which
a) renders a keeper liable for a parking charge
b) provides that a keeper can be prosecuted for its non-payment.
2. Please state clearly the exact Byelaw, section and paragraph under which it is an offence to park outside a parking bay.
3. Please identify the statutory provision whereby a payment of money which would otherwise be a bribe is a lawful means of avoiding prosecution.
4. Regarding appeals/challenges: please confirm:-(i) whether you are bound by the BPA code of practice; (ii) what are the avenues of appeal/challenge that are available to the registered keeper; (iii) the regulations governing such appeals/challenges including time limits imposed on each party.

I would also question whether the car was not parked within a designated parking space. Please send me the evidence of this alleged offence.

I would also like to appeal on the grounds that the charge exceeds the £100 set in the BPA Code of Practice.

I have kept proof of submission of this appeal and look forward to your reply.

Today they have replied:

Thank you for your correspondence regarding the above PCN (Parking Charge Notice).

Unfortunately as your appeal was submitted and received outside the stipulated 28 days for lodging appeals we are unable to consider your case on this occasion. Your PCN was issued on the 07/12/16 and we received your appeal on the 26/01/2017.

Your case was referred to the Debt Recovery Company as we did not receive a payment or an appeal within 28 days of the issue date. However, you can submit your appeal directly to the Debt Recovery team either by email to info@drpl.co.uk or to their postal address as shown on their correspondence.

Kind regards,

Lana Smith

CP Plus Limited
PO Box 14836
London NW3 1WT
Office Switchboard: 020 7431 4001
Fax: 020 7431 5674
Web: https://www.cp-plus.co.uk
Email: Appeals@cp-plus.co.uk



Is this correct?

The letter in the post was from Parking CSL with an email address of enquiries@parkingcsl.co.uk but as the original invoice was from CP Plus I appealed to them.

Now I'm being told to contact debt recovery plus.

Any thoughts/advice appreciated.

Thanks

Brad

Parking Bay

http://i79.photobucket.com/albums/j128/bradden1/PCN%202016/Car%204_zpsod0e0w2i.jpg

http://i79.photobucket.com/albums/j128/bradden1/PCN%202016/Car%202_zpsdd63g8n8.jpg

http://i79.photobucket.com/albums/j128/bradden1/PCN%202016/Car_zpsuuqyilmw.jpg

http://i79.photobucket.com/albums/j128/bradden1/PCN%202016/Car%204_zpsod0e0w2i.jpg




Windscreen Notice:

http://i79.photobucket.com/albums/j128/bradden1/PCN%202016/Windscreen%20Notice_zpsriygo4cj.jpg

Penalty Notice (Front)

http://i79.photobucket.com/albums/j128/bradden1/PCN%202016/Penalty%20Notice%20Front_zpsmivl9nte.jpg

Penalty Notice (Back)

http://i79.photobucket.com/albums/j128/bradden1/PCN%202016/Penalty%20Notice%20Back_zps06dt1xbk.jpg

The_Deep

Whether this is correct or not, does it matter? This is byelaw land and the keeper liability of POFA cannot be invoked.

They will not give you a PoPLA code and they would be foolish to take this to court.

Go in the offensive complain thusly to DVLA

[FONT=Times New Roman, serif] [FONT=Times New Roman, serif]I wish to draw to your notice that PPC appear to have obtained my personal details from you without due cause, thus breaching their KADOE contract and infringing my personal DPA rights [/FONT]

[FONT=Times New Roman, serif]They have sent me a notice to keeper demanding £100 for an alleged infringement of their Terms and Conditions of parking on railway land covered by bye-laws. This is contrary to Schedule 4 of the Protection of Freedoms Act. [/FONT]

[FONT=Times New Roman, serif]Please investigate this matter and if they have used my personal data improperly, or breached their Kadoe contract please apply the applicable sanctions.[/FONT]

[FONT=Times New Roman, serif]Yours faithfully[/FONT][/FONT]


OP

Quentin

Ignore their advice to you to appeal to the debt collectors!


Never engage with a debt collector. They can safely be ignored.


See this thread: https://forums.moneysavingexpert.com/discussion/5035663

Bradden

Thank you. I assumed that as CP Plus are part of the BPA that I should appeal to them to obtain a POPLA code.

I will follow you advice and keep you updated if I hear anything.

Bradden

The_Deep wrote: »

]I wish to draw to your notice that PPC appear to have obtained my personal details from you without due cause

Should I complain about CP Plus.. Parking Collection Services or Debt Recovery Plus?

twhitehousescat

Bradden wrote: »

Should I complain about CP Plus.. Parking Collection Services or Debt Recovery Plus?

Go in the offensive complain thusly to DVLA

I wish to draw to your notice that PPC*** appear to have obtained my personal details from you without due cause, thus breaching their KADOE contract and infringing my personal DPA rights

They have sent me a notice to keeper demanding £100 for an alleged infringement of their Terms and Conditions of parking on railway land covered by bye-laws. This is contrary to Schedule 4 of the Protection of Freedoms Act.

Please investigate this matter and if they have used my personal data improperly, or breached their Kadoe contract please apply the applicable sanctions.

Yours faithfully


***

private parking company

Quentin

Bradden wrote: »

Thank you. I assumed that as CP Plus are part of the BPA that I should appeal to them to obtain a POPLA code.

I will follow you advice and keep you updated if I hear anything.

DRP is the debt collector they have "advised" you to appeal to.


It is DRP that you can safely ignore.


Make sure that you never reveal the owner's identity to the PPC!

Bradden

Thank you... I'm a little worried now. I assume CP Plus are the Private Parking Company.
I assumed that was the right action but you say never to reveal the owners identity.. have I made things worse by not ignoring the invoice?

Coupon-mad

Bradden wrote: »

Thank you... I'm a little worried now. I assume CP Plus are the Private Parking Company.. I've already revealed that I'm the owner by responding to the letter they sent me. I assumed that was the right action but you say never to reveal the owners identity.. have I made things worse by not ignoring the invoice?

No you haven't, you said you were the 'keeper'. NOT the same.

What concerned me was the letter states it's being administered by Parking Collection Services.

Why? They are toothless. PCS are just a trading style of Debt Recovery Plus (like Zenith is too). This letter chain has been discussed and laughed at by forum posters here for a decade. But in this case their letter was a Notice to Keeper, giving you the right to appeal.

So, did your appeal clearly say you were appealing as keeper?

And did you send that appeal to the right address given in the PCS letter?

If not, then send the same template appeal as keeper correctly to PCS, you are still in time to appeal to the NTK. Sounds like you appealed to the wrong address? So start again and appeal as per the PCS letter, as keeper, online or by email if possible, this weekend.

Bradden

Thanks for the advice.. I've appealed to PCS as the keeper. I wasn't aware of the distinction between owner and keeper.

Fruitcake

Bradden wrote: »

Thank you... I'm a little worried now. I assume CP Plus are the Private Parking Company.. I've already revealed that I'm the XXXXX by responding to the letter they sent me. I assumed that was the right action but you say never to reveal the owners identity.. have I made things worse by not ignoring the invoice?

You should edit your post accordingly to remove that sentence.