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CP Plus ticket ROADCHEF Chester
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mme
Posts: 4 Newbie
Hello,
I have received a fine as the registered keeper of my car (I was not the driver) as they were parked for nearly 3 hours. The driver did not notice any signs about parking charges so they cannot have been very obvious.
I have looked at these threads and I think this is what I need to do but I just wanted clarification that I should appeal along the following lines (taken from the newbies thread)
Dear Sirs.
Re PCN No.....
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 .
That will be no admission 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 have obtaied the registered keepers data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the land owner/principal, for a sum of 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, caused significant distress to me.
I do not give you consent to process data relating to me or this vehicle. I denied liability for any sum at all and you must consider this letter as a Secrion 10 appeal and I look forward to your reply.
Yours faithfully,
My name and address here
I would appreciate someone confirming if I have understood the process for my case correctly (no ticket on the screen and they are members of BPA)
Thank you in anticipation.
I have received a fine as the registered keeper of my car (I was not the driver) as they were parked for nearly 3 hours. The driver did not notice any signs about parking charges so they cannot have been very obvious.
I have looked at these threads and I think this is what I need to do but I just wanted clarification that I should appeal along the following lines (taken from the newbies thread)
Dear Sirs.
Re PCN No.....
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 .
That will be no admission 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 have obtaied the registered keepers data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the land owner/principal, for a sum of 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, caused significant distress to me.
I do not give you consent to process data relating to me or this vehicle. I denied liability for any sum at all and you must consider this letter as a Secrion 10 appeal and I look forward to your reply.
Yours faithfully,
My name and address here
I would appreciate someone confirming if I have understood the process for my case correctly (no ticket on the screen and they are members of BPA)
Thank you in anticipation.
0
Comments
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Use the FAQ biue text appeal as is (typo(s) look to have crept in to your draft)
Follow the FAQ - no need to seek confirmation for each turn along the journey!0 -
Hi and welcome.
Yes you seem to have understood the process.
That is the right appeal template. Send it when you like.0 -
If that is the one on the M56 then the driver has my admiration for putting up with the smell from the various chemical works for 3 hours.:beer:0
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I've had 3 MSA cpplus tickets since the summer, all cancelled because the driver was at the associated hotel overnight - those reg number terminals never work - but I notice all of them failed to send within the necessary 14 days to invoke keeper liability. So check the dates on yours, and of course for pofa wording0
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Thank you everyone. I will send it as per the FAQ blue text appeal and let you know how I get on.0
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Thank you all for your advice. My appeal was successful and the notice has been cancelled.0
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Love it. Nothing pleases me more than CP Plus fail. Well done.:j0
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Hi MME- I read your thread and have the same problem from the dreaded PCN at Roadchef Chester! Can you please confirm the exact wording that you used in your appeal and how you sent it to them (i.e. via online appeal, email or post)? I would really appreciate it!0
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MME has not posted on this board since January and is probably not likely to see your post. The thrust of the appeal was shown in post #1 but if you want to read the NEWBIE sticky, where you will find an appeal template, then start your own thread (rather than hi-jacking an old one) with specific questions you will receive advice.0
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monstercds wrote: »Hi MME- I read your thread and have the same problem from the dreaded PCN at Roadchef Chester! Can you please confirm the exact wording that you used in your appeal and how you sent it to them (i.e. via online appeal, email or post)? I would really appreciate it!
This is an old thread, but the OP used the standard forum template (which has been further refined since then), so go to the NEWBIES FAQ sticky, post #1 to read about the game you're now caught up in and access the template initial appeal. The sticky will tell you how to deal with this.
Start a new thread of your own if you require further advice for your case, not posting anything more on this one.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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