CP Plus Parking Charge Notice

morten44

Hi.
I got a parking charge from CP Plus. I arrived at a MOTO in the middle of the night, feeling bad. Desided to take a rest and woke up next morning and left. It was dark and raining. I did not see any sign. I challanged it based on this and that the signed should have been iluminated of they want people to see them in bad weather and darkness. I dont know my entery time. They have a picture where all is black but my lisence plate with infrared in a seperate picture as its not visible on the main image. I am not from here and at least in my contry its iligal to charge at highways do to safety issues on road.
I wrote a complain to them saying i will not pay the Parking Charge Notice due to the above.

I was in a Rental Car and they have already passed my details to them + charging me £40 for administration fees due to my "TraFfic Violation"

This is their answer. Please i need some advice as I refuse to pay it but feel i will not get anywhere with them.
Thanks for your time

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THE ANSWER FROM THEM

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[FONT=&quot]Thank you for your correspondence concerning the above stated Parking Charge Notice. [/FONT]

[FONT=&quot]The PCN was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations. Clear signs at the entrance of this site and throughout inform drivers of the terms and conditions that apply there, and it is not possible to access any part of the premises without passing multiple signs. The fact that you were unaware of the restrictions that are in place is not considered a mitigating circumstance for appeal. In light of this, on this occasion, your representations have been carefully considered and rejected. [/FONT]

[FONT=&quot]We can confirm that we will hold the charge at the reduced rate of £60 for a further 14 days from the date of this correspondence, after which the full amount will be due. [/FONT]

[FONT=&quot]You have now reached the end of our internal appeals procedure.[/FONT]

[FONT=&quot]Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website http://www.popla.co.uk and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork. Your POPLA reference number is: xxxxxxx[/FONT]

[FONT=&quot]Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you may be requested to pay the charge at the full amount and will no longer qualify for payment at the reduced rate.[/FONT]

[FONT=&quot]By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.[/FONT]

[FONT=&quot]Yours faithfully,[/FONT]

[FONT=&quot]CP PLUS LIMITED[/FONT]

Redx

first task of the day

edit the above and remove the popla code

then read the newbies sticky thread, post #3 , near the top of this forum

then draft your own popla appeal based on the examples listed in that post #3

then post the draft on here for critique etc

morten44

Hi Redx
Thanks for your reply
I have read the thread and i find it a little difficult to find the correct template.
The case in keyword:
Its CP Plus
I have written once to them and they are upholding the charges.
They have got my Name (drivers name) and address from Europcar already so now i have to appeal to POPLA as I understand it

Is this the correct template?

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Dear POPLA

Re PCN number:

I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company and are they the landowner?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

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I just need to confirm if i basically should keep it techincal like this or mention that i arrived in the middle of the night, bad lights, rain with no intention to stay, not aware of that in UK they charge at Highway as in my contry this is not leagal due to safety on the road etc....
On the POPLA website they advise agains copy//paste forms BUT maybe that is to discurage you to ask the right questions?

Do you mind pointing me in the right direction.Thank you so much so far. Fantastic to see there are people out there that helps fighting this redicolous charges!!!

Thanks !!

Redx

no , that is not a popla appeal

read post number #3 of the NEWBIES sticky thread, where you will find examples you can use , but you must draft your own appeal by using the various legal points you will find in that informative thread

I doubt that you will find a template because each appeal is a one off , they are bespoke, you tailor it to your own case

there is no one size fits all template

forget what the popla site says, you will be drafting a pdf and then choosing OTHER and uploading your own appeal, avoiding all their leading questions completely

and whilst we agree with you that its immoral and not done in other countries, in this country they are allowed to get away with it so as you are in the UK you have to fight this the same way the rest of us residents do

morten44

Hi
Thanks again
I think i just have to pay them. The post has so many acronyms, its hart to see what to lean towards and I am sure if i just write case based they will just reject it.
Its so unfair, arriving in the middle of the night, tired not feeling well, raining i had to stop and fell a sleep. No light on signs but still they can just charge me £100.
Sorry for your trouble. I will just have to pay them and get it out of the way. 1-0 to them

waamo

Cp plus are easy to beat. They don't do court so stick at it. Read the Newbies thread a few times till it sinks in. It really is as simple as cutting and pasting the salient points from a recent winning POPLA appeal.

Lamilad

morten44 wrote: »

Hi
Thanks again
I think i just have to pay them. The post has so many acronyms, its hart to see what to lean towards and I am sure if i just write case based they will just reject it.
Its so unfair, arriving in the middle of the night, tired not feeling well, raining i had to stop and fell a sleep. No light on signs but still they can just charge me £100.
Sorry for your trouble. I will just have to pay them and get it out of the way. 1-0 to them

Another backbone that needs to be inserted.... Why would you even think about paying these idiots, while at the same time complaining how they are ripping you off?

As explained the process is simple - send the popla appeal - countless examples on this forum - and await the cancellation.

CP Plus are not litigious, and even in the highly unlikely event of this going to court you would win based on the unlit signage, like many others who have defended on this basis.

It takes minimal time and minimal effort for you to deal with this - less than its already taken for your to sign up to MSE and start this thread. Why not start by typing "popla appeal" into the search box at the top of page one.

monkeys_uncle

Hi folks,

After parking at A&E at my local hospital, I received a 'parking charge' notice from CP Plus for £15, which I ignored. I've now received the follow up reminder for £40.

I have already emailed the hospital's 'patient advice and liaison' group and they say they've passed my complaint on to CP Plus.

I realise I need to appeal this rather than ignoring, so I will be re-hashing the template from the newbies thread and sending that over on their online appeals form.

What's likely to happen after that?

Thanks,
Al

nosferatu1001

Start your own thread. Having read the newbies thread you know what will happen.

armo85

I've got a ticket for a shop's car park. They say I parked for 2 hours and 4 minutes and only paid for 2 hours. I entered the car park (according to their cameras) at 11.35 and left at 13.40. I've actually got my ticket, which says I purchased the ticket at 11.38. If I was leaving the car park at 13.40, then I was only 2 minutes over! Is it unreasonable that they're charging me £50!??

I plan to appeal. Do I send in my parking ticket? Or will they argue I was over by 2 minutes and therefore owe the money?

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.