PCN from CP Plus - MOTO services

HarryCrumb

THIS ISSUE HAS BEEN SOLVED BY WRITING DIRECTLY TO MOTO CUSTOMER FEEDBACK AND REQUESTING THEY CANCEL THE TICKET.


Hello good People of the Parking Ticket Forum,


I'm about to make the first appeal to a PCN and I would just like some confirmation and guidance prior to doing so. The situation I am in is as follows...

I was driving back from a long job and found myself falling asleep. I was exhausted so I stopped at the next services and closed my eyes. I woke up many hours later and finished my journey. It hadn't occured to me that I should have paid for that.


A few days later I recieved what seems to be labelled as a Charge Notice from CP Plus, demanding £100 for overstaying in a MOTO service station car park. It is issued to me as the registered keeper. It shows my car, the reg, the time and the date. It outlines the charges and then goes on to say that if I was not the driver at the time, I should provide them with the details of who was.


So far I have only written to MOTO describing what happened and asking them to sort it out. I did not admit to being the driver.


I have the template appeal from the newbies section but I just wanted to check that I'm going about this in the right way for a change. As I understand it from the newbies section, the above mentioned letter is my NTK. It's been ten days since they printed it and there is no reason to wait, right? .....so I appeal.


Do I have the correct template?











Re PCN number: (blah blah)

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.

Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).

I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Formal note:

Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.

Yours faithfully,


Professor Blah Blah

Redx

correct template, but I would wait for longer and see if MOTO cancel the pcn first


but do not miss the appeal window so make sure that the template is used , appealing as KEEPER (not as driver) , if MOTO fail to cancel within the 28 day appeal window


so I would be using that template around day 25 from the postal NTK date , if a cancellation does not happen by then

Coupon-mad

https://www.theguardian.com/money/2013/jul/08/snoozing-moto-service-station

https://www.telegraph.co.uk/motoring/news/8784988/Tired-driver-hit-with-fine-for-taking-a-nap.html

https://www.mirror.co.uk/news/uk-news/tired-driver-who-took-four-9047821

All too common.

Luckily CP Plus can't hold registered keepers liable - so NO OUTING THE DRIVER!*

Send the template from the NEWBIES thread (no added words) and with CP Plus, I would not wait, may as well get the usual cancellation sooner rather than later. Use the template, that's why it's there.




*please please no reply saying that you've told MOTO. Who cares about that?

HarryCrumb

Coupon-mad wrote: »

Luckily CP Plus can't hold registered keepers liable

Thanks for the help so far guys...



CM, what makes you say that CP Plus can't hold registered keepers responsible? I thought that was what POFA was for, to enable them to go after the keeper...? I'm reading that from The Slithy Toves post (which I can't link to).

Coupon-mad

CP Plus is currently one of the PPCs not relying on keeper liability or serving notices under POFA. Smart, Highview and CEL are the other big players and members of the BPA, who do not use the legislation.

Redx

the legislation is not mandatory, so as mentioned above, its like the lottery, they have to be IN IT TO WIN IT


THEY CHOOSE NOT TO BE IN IT AT ALL , so cannot use it or gain a win from it


therefore, those who blab about who was driving are their cannon fodder

HarryCrumb

...well that is good news. Thanks again. I'll report back when I get a response to my first (keeper only) appeal.

Coupon-mad

You are so lucky, pick any PPC from those four I named, and you win. Nice choice!

HarryCrumb

Great news...! As I had already written to MOTO customer services, I wanted to wait a few days to see if they responded, and they have. It took two working days for them to respond and I got a very nice email from someone at their customer services department informing me that they have cancelled the ticket and CP Plus will write to me to confirm that.

I will of course keep my eye on this for a while but all in all that was a very welcome outcome.


For anyone in a similar predicament, I suppose you have two good choices;

Either appeal with the template appeal, as the registered keeper only.

Or write directly to MOTO services explaining what happened, and ask them to cancel the ticket. In my email to them I explained how I had stopped because I was tired and then fallen asleep. I also mentioned MOTO's own claim that they will always cancel a ticket given to a driver who fell asleep.

If you go on to MOTO's website, there are one or two links in their FAQ's that direct you to the PCN appeal site. Don't go there. I wrote to them via the 'Feedback - Get In Touch' page. From the main page, scroll all the way to the bottom and the link is there. I had a response within two days.

moto-way.com/feedback/

Coupon-mad

Thanks for that info, I will add it here to show your success and the contact details for MOTO:

https://forums.moneysavingexpert.com/discussion/4766249/successful-complaints-about-private-parking-tickets-how-to-get-them-cancelled

:T

Stoddaki

This is a great outcome and I'm hoping for the same. Similar situation, felt unwell, stopped at MOTO and got something to eat and drink. I was then sick in toilets and went back to car for a lie down. I was 35 mins over but hadn't registered the signs as feeling unwell. I would have set an alarm otherwise.
I want to explain this to customer service first but if they reject it I will then use a template and appeal.
My question is if I write to Moto first and explain what happened can PC Plus then access that correspondence as it would be obvious that I was the driver