Meadowhall shopping centre POPLA Appeal CPPlus

Coupon-mad

All NTK for the tickets where sent to me within the appropriate time scale of 28-59 days, unfortunately.

It's not about when they were sent. They CAN'T have all been received by you at your house by day 56, not the one from early November where DRPLus didn't bother to even get the data until 5th January?

Also remind us what the wording says, it's not just about the deadlines, it's the wording.

I would be replying to SCS saying:

- you say your client contends they 'have complied' with the POFA 2012, yet the wording of the PCNs sent by DRPlus is not compliant with Schedule 4, and the information I have obtained from the DVLA shows that on at least one occasion, the DVLA data was not even requested within the 56 day period, let alone a PCN served in time.

- you say the driver 'breached the terms' and seem to be suggesting the driver was using the park and ride or was parked as an employee. Obviously, as keeper of the vehicle driven at all times by law-abiding citizens, your completely unfounded allegations concern me and I require your evidence of same.

- If you are threatening me with court, yet with no evidence whatsoever that the driver was not a genuine shopper (and the burden of proof rests with your client) this constitutes unwarranted harassment, and the barrage of aggressive demands has already caused myself and my family significant distress.

- it is undeniable that you are misleading me, by virtue of telling me that I am liable as keeper, and that your client 'has complied' with the POFA, when the DVLA dates and the wording of the PCN shows they have not. Unsuspecting consumers who have not researched the Act and/or obtained the dates from the DVLA when my vehicle data was obtained, as I have, might be so intimidated and misled by your statements as to make a financial/transactional decision that they would not otherwise have done. As SCS are a firm of solicitors, I need not remind you that this is a Misleading Action under the CPUTRS 2008:

''Misleading actions
5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(2) A commercial practice satisfies the conditions of this paragraph—

(a)if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and
(b)it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.''

I expect a full apology and the charges to be cancelled, or this will be escalated to the SRA as a formal complaint, and I require the name of the solicitor responsible for your recent letter.

Pinklady0805

Ok thanks, I’ll go through them now, I’ll also upload all the NTK for you to see.

Pinklady0805

http://i.cubeupload.com/p7vLUe.jpeg
http://i.cubeupload.com/akauwW.jpeg

Copies of NTK

Coupon-mad

Seen these two versions before.


The Notice to Owner is PCS' (aka Debt Recovery Plus) version of a non-POFA document where they know they've missed the deadline. And they certainly did, not sure why you thought they had complied, this isn't capable of holding a keeper liable. Use that one to attach to the reply to SCS, and actually use the words 'you have lied to me about liability' or similar. Plus the wording I suggested. Be really robust.

The Notice to Keeper is PCS' version attempting to be a POFA version. It fails on two counts:

- it has increased the sum on the PCN to £120, rather than repeating that sum (as the POFA para 8 requires), and the figure of £120 was never on the signs and exceeds the BPA Code ceiling.

- it gets the 28 day period wrong, the POFA para 8 doesn't say 'a period of 28 days OF THIS NOTICE'.

Pinklady0805

Hello,
Just a quick update,
I’ve sent my reply back to scs law, just waiting for there response again now.

Cp plus are winning hands down!
So many people have had ccj’s this month and there taking us to court in high numbers.
I know of 4 people this week that have given in and paid them, one paid them £5000!!!!!

Also We've got another problem now.... when appealing to cp plus to get popla codes, cp plus are refusing to give them unless we name the driver!
In some cases they are not sending NTK just passing straight to debt collectors and in others if we appeal they ignore us and just issue NTK.
They email back asking how we know to appeal if we was not the driver and have not yet received NTK . But if you wait for NTK then appeal they say it’s too late. Is it the BPA I should complain to about this? And to the dvla too?

waamo

Clearly the driver can pass a ticket to the keeper. True fact Mrs waamo was driving my car a few weeks back. Some idiot put a ticket on it. She got back home and threw the ticket at me announcing I had another ticket to deal with.

Complain to BPA, DVLA and your MP.

Circs123

Wow that's serious cash to pay out.
Going through the same situation at Meadowhall. It's a nightmare.

Coupon-mad

Cp plus are winning hands down!
So many people have had ccj!!!8217;s this month and there taking us to court in high numbers.
I know of 4 people this week that have given in and paid them, one paid them £5000!!!!!

Also We've got another problem now.... when appealing to cp plus to get popla codes, cp plus are refusing to give them unless we name the driver!

This is madness, CP Plus should not be winning ANY cases. What are people doing?!

Everyone should be appealing as keeper, on day 26 after the windscreen PCN. It's an easy tactic that later wins at POPLA. DO NOT wait for the NTK, the keeper CAN appeal a PCN.

This is DIABOLICAL and the group needs to contact your local MP, as well as complain to Steve Clark of the BPA every time someone is refused a POPLA code or told they have to name the driver. EVERY TIME, every case goes to Steve Clark, and he should be told that CP Plus are out of control with their feeding frenzy at this site, which is an utter disgrace:

steve.c@britishparking.co.uk

He can only address breaches of the BPA CoP. Refusing to give a POPLA code, and demanding to know who was driving and withholding a POPLA code for that, are both serious breaches.

This should be so easy, the tactic of appealing on day 26 of a windscreen PCN, and NOT waiting for a NTK, has been tried & tested, since it was first suggested around 2013/2014.

Can I just add I don't recall seeing ANY hearings listed for CP Plus, in the BMPA daily lists.

waamo

I suspect people are paying up as soon as court papers land on their doormats.

Coupon-mad

But NO KEEPERS can be held liable.

And there is NO EVIDENCE.

Just:

'that car belongs to a staff member and might not have been used for shopping that day by their wife/adult kids/family member...and we have obtained the duty lists data/had staff names confirmed by our client, which is against the DPA...'