Moto Chievley / CP Plus / Hire Car

ra2258

Hi folks,

In early February, a family member / friend pulled into the Moto Chievley as they were unwell. They went in, had a coffee and did some work. The left a bit under four hours later...

It was in a hire car as their normal car was in the shop.

They received a PCN yesterday. CP Plus apparently contacted the hire agency who passed on my contact details which is how they found me (as the car was hired under my name) so thus they got my address. This does not mean I was the driver.

From reading the Newbie thread - I think this is a good thing that the hire car sent this on to me (as the car was under my name but others can drive it)?

I planned on writing Moto Chievely (parkingqueries@moto-way.com) to explain the situation.

I also planned on sending the "Edna Basher" template but cannot find the actual template (it is mentioned a lot in the forum).

1. Can someone point me to to the actual "Edna Basher" Template / Link?
2. Or should I use the "generic" letter as it was a hire car and the hire agency sent them to me?
3. Should I do anything else?

Again - not saying this was me but the car was under my name...

Many thanks for any help and advice....All the best!

Castle

Edit your post as it identifies the driver!!

StaffsSW

Did CP Plus include a copy of the hire agreement when they wrote to you by any chance....?

Failure to comply with POFA 2012 para 14 (2) a is a good defence point to start with That means they can't hold you liable as hirer.

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 a smaller 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 nearly always lose) and have been reported to the regulatory authority by an M.P.

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 most of these companies may well be put out of business by Christmas.

ra2258

@StaffsSW: Did CP Plus include a copy of the hire agreement when they wrote to you by any chance....?

No - they just sent the request for money. :-)

So I can use the above?

Do I contact Moto and explain that the person was ill and was using the parking lot as designed?

And where can I find the "Edna Basher" template please?

Thanks!!

KeithP

ra2258 wrote: »

And where can I find the "Edna Basher" template please?

There is a link to it towards the bottom of post #1 of the NEWBIES FAQ sticky thread.

Read this section of post #1 of the NEWBIES FAQ sticky thread:
COMPANY, LEASE OR HIRE CARS ANYWHERE IN THE UK

ossie

Should have gone in to Moto at time and explained as they can cancel parking if taken ill or car broken down.

ra2258

@KeithP - Many thanks - sorry I missed it.

Here is the if others stumble on this thread.

forums.moneysavingexpert.com/showthread.php?p=69859059#post69859059

@Ossie - there was no notice on the car and I do not think the person had thought they had done anything wrong so they were unaware they had to "check in" as they were ill.

All - how long do you advise I wait to send the "Edna" letter to CPPlus? The alleged incident took place in early February. And do I also contact Moto?

Thanks!

Coupon-mad

You appeal straight away (as hirer, not saying who the driver was) when you have a postal PCN.

Yes you should also complain to MOTO.

StaffsSW

ra2258 wrote: »

@StaffsSW: Did CP Plus include a copy of the hire agreement when they wrote to you by any chance....?

No - they just sent the request for money. :-)

So I can use the above?



Thanks!!

Yep, exactly that. It's a simple point that is nearly always overlooked in this situation, but no different to failing to comply with the conditions to hold a keeper liable.

As they have now contacted you, the lease company has discharged their liability, so CP Plus cant (or at least shouldn't) try to go back to them.

In other words, they had their chance and blew it.

ra2258

I got a second notice from CP Plus today. No other paperwork included. Is there a second template to use for this? Or just send the first "Agnes" template again?