CP Plus Parking Charge

MiiCK90

Hello all,

I just received a letter in the post stating I owe CP Plus £100 for overstaying at a motorway services.

The driver was driving from Newcastle > Manchester late at night and they couldn't keep their eyes open so pulled into MOTO Wetherby for a break, as soon as they pulled into a space (furthest away from the doors to the services, car park empty) they fell straight asleep and woke up 6 hours later.

Arrival time: 28/01/18 04:37
Left at: 28/01/18 10:16

They didn't enter the services at any point, literally pulled in, fell asleep, woke up, left.

They wrote to my home address and said they got my information from the DVLA as to who was the driver. I am the keeper.

Charge: £100, £60 if paid in 14 days.

They honestly didn't see any signage or know that they'd have to pay for the parking.

I've read a few forum posts and the newbies sticky too and I feel quite confused and stressed about how hard the process seems to be with a lot of 'big words'

I'm not able to visit the place and take photographs etc as I never drive there.

Can anyone break it down for me simply what I need to do? I'd greatly appreciate it, worried to post in all honesty as every post I've read has been greeted by some quite nasty responses and I don't want that

Cheers for any help all x

Quentin

MiiCK90 wrote: »

.....worried to post in all honesty as every post I've read has been greeted by some quite nasty responses and I don't want that.......

If in every thread you have read you consider the responses quite nasty you must be very oversensitive!


Trust this is not too nasty - but it is realistic:


The process isn't straightforward BUT if you take the FAQ in small chunks and reread them time and time again you will get it in the end


Throughout here you will have seen you are advised never to reveal who was driving


You need to edit your post to remove details of who was driving

MiiCK90

I'm not oversensitive at all, just stating the fact that I've read numerous posts by people who aren't computer literate etc and have been greeted bluntly and rudely in my opinion, no need to get your back up and if your first sentence in response to my ask for help and no confrontation is to call me names, I can't say I welcome your response whatsoever.

I have edited the post.

waamo

First you cut and paste the initial appeal in the Newbies thread and send it as is to CP Plus.

In a couple of weeks you will get a POPLA code.

You then appeal to POPLA again using templates from here.

MiiCK90

Cheers waamo - is it just this part? I don't need to add/remove anything whatsoever?

I read on other posts about delaying appeals to the 20th day and stuff - do I need to in this case or just send it today?



Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and 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 are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,

waamo

That's the one. While you are waiting for your POPLA code have a read around for appeals to POPLA.

CP Plus are usually easy to beat.

Coupon-mad

I've read a few forum posts and the newbies sticky too and I feel quite confused and stressed about how hard the process seems to be with a lot of 'big words'

What big words?

An appeal is written out for you and the NEWBIES thread says ''submit this online, as keeper''.

Not sure how much more easy it can be.

MiiCK90

Coupon-mad wrote: »

What big words?

An appeal is written out for you and the NEWBIES thread says ''submit this online, as keeper''.

Not sure how much more easy it can be.

Did you comment here thinking you were actually helping in any way? No need for your absolutely pointless comment.

MiiCK90

In my letter from CP Plus it states this:

Following the landmark supreme court ruling of parking eye vs beavis, it has now been established thatr a parking charge notice issued on private land is enforceable. The court rejected claims that such charges are extravagant, exorbitant or unconscionable and advised that such charges act as a necessary deterrent for breach of contract. If you feel you have sufficient grounds to appeal this notice you will find full details of the appeals process overleaf.


In the text you told me to send to them it mentions the parking eye vs beavis - is it still ok to send that or is what they state in the initial letter going to be referred to by them and dismiss what I'll send them?

Cheers

waamo

Haven't you sent it yet? Just cut and paste it and send it.

Le_Kirk

MiiCK90 wrote: »

Did you comment here thinking you were actually helping in any way? No need for your absolutely pointless comment.

That's a really good way to receive continued help here! Posters are trying to aid you by giving of their expertise and their time freely.