Late Parking fine by CP Plus

Apexilon

Hi folks, hope you can help with some advice.
The KEEPER has today received a letter from CP PLUS advising £140 parking fine for:
1) Overstaying in Cherwell Valley Motorway service station (over 5 hrs on 14th July 2018)
2) Allegedly, they wrote to the KEEPER on 23/07/18 and 09/08/2018, and now claim the KEEPER ignored the letters.


They also include 2 photos of CCTV with date and time stamps, where:
[FONT=&quot]3) D[/FONT][FONT=&quot]riving at night (headlights on) on “a road” with no markings what camera caught the DRIVER, just date and time.[/FONT]
[FONT=&quot]4) D[/FONT][FONT=&quot]riving during the daytime (inside lane, headlights off) on “a road” with again no markings what camera caught the DRIVER, just date and time.[/FONT]

[FONT=&quot]a) The DRIVER was making a 3 hrs journey (not unusual to make 5 hr journeys) and fell unwell and needed a rest - unfortunately not checking the parking restrictions at 11pm at night, and no plan how long the DRIVER intended to rest for. When the DRIVER awoke and found it was hours later, proceeded to complete the journey (Birmingham to London, with Cherwell Valley just over halfway).
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Also, no Notice To Owner was placed on the car while parked.[/FONT]
[FONT=&quot]No camera evidence showing the car parked in the bay was provided.[/FONT]
[FONT=&quot]The 2 camera stills show the car while driving on an unmarked road with no road markers, nor camera identifiers suggesting to where in the country the stills could have been taken.[/FONT]
[FONT=&quot]
[/FONT]On closer inspection of the letter dated 28/08/2018, the first (night time) pic only shows "a dark car on the road with headlights on", can't see make/model or car nor the reg of the vehicle.
The second pic shows a car similar to the one owned by the KEEPER, but with the reg fairly blurry, but driving on an unmarked road, no CCTV camera identifier.
Unable to confirm if both cars are the same or not.



[FONT=&quot]The KEEPER maintains not to have received any previous correspondence, a quick google search on this "CP PLUS" company throws up that they are less than reputable.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]So, should the KEEPER:[/FONT]
[FONT=&quot]1) ignore the correspondence[/FONT]
[FONT=&quot]2) appeal against the full £140 (and how)[/FONT]
[FONT=&quot]3) appeal to reduce and pay the original fine £100 (and how)[/FONT]
[FONT=&quot]4) or pay up the full £140?[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Your assistance and advice is gratefully received.
[/FONT]

Redx

complain to the MSA and insist on a cancellation

send in the blue text appeal once you have read the NEWBIES FAQ sticky thread at the top of this forum

everything you need to know is in there

no blabbing about who was driving, not on here and not to the MSA or to CP PLUS either

so no " ME , MYSELF & I)

edit post #1 and only use 2 words , the DRIVER and the KEEPER, nothing else

Apexilon

Thank you, I'll do just that

On closer inspection, the first (night time) pic only shows "a dark car on the road with headlights on", can't see make/model or car nor the reg.
The second pic shows a car similar to mine, reg fairly blurry, but driving on an unmarked road, no CCTV camera identifier.
Can't confirm if both cars are the same or not,... but will look at the sticky post and go from there:)


Thanks!

Redx

edit post #1 first, remove any hint of who was driving

then use the blue text appeal (unchanged) , as keeper

if the PPC failed POFA2012, then the keeper is not liable, so what happened on the day is irrelevant (but useful to know about their poor pictures etc)

save any evidence for the POPLA appeal , if they give you a POPLA code


the MSA complaint is the best solution to this however

Apexilon

Just looking through the sticky post further, couple of questions:


1) I can't find what MSA stands for (in the event the KEEPER needs to complain to them).


2) the DRIVER did not receive a windscreen PCN, as per the paragraph below from the Sticky:


Start of quote:


If the NTK arrives late, this does not make the PCN 'void' but it means there is 'no keeper liability' possible.

If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.

Or, the NTK must arrive with you between day 29 and day 57 if there was a windscreen PCN.

Some firms (e.g. Civil Enforcement, Highview, Smart Parking and some small PPCs) don't even bother with POFA 2012 wording so the keeper is not liable if you point that out to POPLA.


End of Quote:


Just looking to get this spot on when the appeal is logged in the name of the KEEPER.


3) CP PLUS has included the following paragraph on the letter:


Start of Quote:


Following the landmark Supreme Court ruling of Parking Eye vs Beavis, it has now been established that 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.



End of Quote:


Just seeking if this clashes or has any relevance to the BLUE TEXT template appeal letter quoting the same case?


4) From the wording of the letter, the £140 is as a result of £40 extra admin. So the original charge was £100 ???

KeithP

MSA = Motorway Service Area.


No contradiction.
Just send the blue text appeal without change, as the keeper.

Le_Kirk

MSA = Motorway Service Area in this case

Coupon-mad

This is easy, CP Plus can't hold a keeper liable so a keeper appellant, wins.

No need for threads about CP Plus, Highview, Smart or Civil Enforcement, all of whom tend to cancel as soon as they see the template appeal from the NEWBIES thread.

Try the Service Station complaint by phone or email first; they have a website contact.

Apexilon

Hi all,
Thanks for the update (re: MSA), I'm competely naive about these things.


Just googled "POFA2012" and checking if CP PLUS are registered (which they are for ANPR, but not windscreen tickets) can see under the POFA2012 test:


"7. A notice to keeper must be served not later than 14 days after the vehicle was parked"


In my mind, this fails as Notice To Keeper was never received. Can they argue they sent it and the onus is on the Keeper to prove it was not received? Or the onus is on the credittor to prove it was sent... or is that all irrelevant semantics and doesn't matter either way?


Also @Coupon-mad: Just wondering if that's a good idea contacting the service station (again, naive!), could they override this without further KEEPER/DRIVER details required?

Coupon-mad

Do we need this discussion? I just said CP Plus don't use the POFA, we all know that.

And re the Service Station complaint, do it FIRST, and just say 'we did this' and 'we' are very angry about this harassment...'.

Apexilon

Coupon-mad wrote: »

Do we need this discussion? I just said CP Plus don't use the POFA, we all know that.

And re the Service Station complaint, do it FIRST, and just say 'we did this' and 'we' are very angry about this harassment...'.

Apologies, I misunderstood (jumping between 2 threads). I don;t know what POFA is so didn't gather that CP PLUS don't use POFA.


But will ring the Service Station, thanks