Urgent advice needed regarding private land parking tickets

Pinklady0805

ok so I've read the newbie thread..... a few times �� And this is the action I think I need to take. Can anyone confirm this is Right please.

This is what the signs say in the car park
This car park is private land and is for the use of ********** shopping centre customers only
No parking for on duty staff members, contractors or park and ride users.

Parking terms and conditions
You agree to pay a parking charge of £80 if you....

-park in a non designated area
-park outside of the marked bays
-park in these areas as an on duty staff member
-park causing an obstruction to other uses
-park in a parent and child bay without a child under 5 accompanying you
-park in a value badge bay without displaying a valid blue badge in conjunction with the blue badge scheme
-use the car park for any other reason other than shopping in *********** shopping centre
-park your vehicle and leave the site by other means

(Just to clarify there is not time limit and it is free parking)

This is the cp plus letter I have received .......
Cp plus letter

Date of sending of this notice 13/07/2017
PCN date of issue 27/05/2017
Reason for issue parked in a restricted area

My name and address

Notice to keeper

Parking charge notice £120

We are writing on behalf of the creditor in relation to an unpaid parking charge. We have obtained your details from the DVLA under a "reasonable cause" request as you were the registered keeper of the vehicle specified at the time of the parking incident shown. A parking charge has been issued be the vehicle was parked in a manner where the driver attracted a parking charge as brought to the drivers attention via signage and agreed to by the driver when the vehicle was parked in private land managed by our client CP PLUS ltd ( the creditor) .

A notice to driver, providing details of the incident, was issued via a parking charge notice (PNC) that was affixed to the vehicle screen. The driver was required to pay the charge within 28 days of issue. The opportunity at the reduced rate has now passed and the full amount is now due by the driver.

As the charge as not yet been paid in full and we do not hold a record of the drivers name and address, we are writing to you as the keeper of the vehicle. As such we now invite you to make payment of the parking charge shown or if you were not he driver of the vehicle at the time of the incident to notify us in writing, acting on behalf of CP Plus ltd, of the name and current serviceable address of the driver. Please also pass this notice to him/her without delay.

If this parking charge remains unpaid after a period of 28 days of this notice and we do not know both the name and current address of the driver, we will have the right to recover the charge from you as the keeper of the vehicle. At this stage we may pass the case to a debt recovery company where further cost may be added.

And this is what I will be emailing back to cp plus....


Dear Sirs

Re: PCN No. CP********

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.

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, 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,


THE NAME AND ADDRESS OF THE KEEPER GOES HERE. THE DRIVER IS NOT IDENTIFIED.

NO NEED TO USE YOUR REAL SIGNATURE - BUT DON'T POST UNLESS YOU HAVE TO - ALWAYS USE THE ONLINE APPEAL PAGE BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP A SCREEN PRINT. USE ANY EMAILAPPEAL OPTION IF FIRMS OFFER IT.


You can add to the template above, 'in order to resolve the dispute I attach copies of...': the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a genuine customer/patient, etc.



************************************************** ****************************************

waamo

I've had loads of tickets from CP Plus. For an initial appeal to them you can write anything as long as it is clear you are appealing.

Once you get a POPLA code you hit them with a proper appeal (highlighting they don't complY with POFA) and they cave in.

That will do to send to CP Plus as it is clearly an appeal. Read some recent POPLA appeals. You can send the same appeal for every ticket, they give up ticketing you eventually as it costs them £29 plus vat to go to POPLA each and every time.

As an aside my car got ticketed again by them last week. I wasn't driving so I'm going to taunt them for a bit.

Guys_Dad

If they say in their NtK that they do not know the driver's name and address, how can they claim that the driver was a member of staff on duty?

Pinklady0805

Brill, thanks so much! I'm feeling a bit calmer now ��

waamo

If everybody went to POPLA with their tickets CP Plus would soon stop giving tickets out.