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CP Plus hospital charge but parking had been paid...
Comments
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You have a golden ticket! They aren't confined to PE! (No-one has said they are!)0
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The no POFA reference means it's a Golden Ticket ie a sure fire win at POPLA. If you look at the signs dotted around the site they say the fee is £40 reduced to £15 for early payment. Your NTK (Notice to Keeper, it will say that on it) will say it's £120.
In that respect the signs and NTK are not compliant. CP minus will sometimes (but not always at this site) fold on the initial template so go with that and see what happens.
PALS are variable in their response. More often than not they don't intervene but it's worth a shot contacting them anyway.0 -
The no POFA reference means it's a Golden Ticket ie a sure fire win at POPLA. If you look at the signs dotted around the site they say the fee is £40 reduced to £15 for early payment. Your NTK (Notice to Keeper, it will say that on it) will say it's £120.
In that respect the signs and NTK are not compliant. CP minus will sometimes (but not always at this site) fold on the initial template so go with that and see what happens.
PALS are variable in their response. More often than not they don't intervene but it's worth a shot contacting them anyway.
That's great.
Email has been sent to PALS requesting cancellation
The PCN? (it does not say Notice to Keeper, and does not make it clear exactly what kind of notice it is) does not mention a £120 charge specifically, only the £15/£40 charges.
I will upload a pic of both sides of the PCN as soon as I can (obscuring any personal details.)
Aside from all the above technicalities, parking fee had been paid in full and there is a parking receipt.0 -
The NTK usually comes from DRP rather than CP minus themselves. This may have changed recently as I gather someone complained to the BPA and ICO about this way of doing things.
It would be useful to see an updated version of what they send.0 -
Link to pics of both sides of the correspondence addressed to the Keeper. This is the only communication ever received. It states 'we do not have evidence that sufficient parking payment was made for this vehicle to cover the full duration of the visit." It was and there is a parking receipt to prove it, but it shows an incorrect VRN.
*Is* it a NTK/PCN/Golden Ticket?
There's even a spelling mistake in their own reg. office address at the bottom of the notice ("Flash" Walk instead of "Flask.")
https://ibb.co/bu8Kpp
https://ibb.co/inCEN90 -
That is not PoFA compliant as it neither provides the PoFA warning paragraph, nor does it suggest that the keeper can be held liable.
The term 'Golden Ticket' was coined in regard to ParkingEye tickets because all but just a very few contained the PoFA warning which enabled them to pass liability to the keeper. It was very rare (and for no known reason) that a few PE tickets cropped up here and there (and still do occasionally) which patently excluded any reference to PoFA. Hence the rather PE-specific term 'Golden Ticket'.
As CPP never issue any PoFA compliant NtK, terming all and every one of them as 'Golden' rather undermines the 'exclusive' nature of the PE rare-bird 'Golden' NtK.
But they're all, ultimately, much the same. No Keeper Liability!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 -
Thanks for the clarification, Umkomaas, but good to know it amounts to much the same thing.0
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victoriavictorious wrote: »Link to pics of both sides of the correspondence addressed to the Keeper. This is the only communication ever received. It states 'we do not have evidence that sufficient parking payment was made for this vehicle to cover the full duration of the visit." It was and there is a parking receipt to prove it, but it shows an incorrect VRN.
*Is* it a NTK/PCN/Golden Ticket?
There's even a spelling mistake in their own reg. office address at the bottom of the notice ("Flash" Walk instead of "Flask.")
https://ibb.co/cqF7aU
https://ibb.co/inCEN9
Thanks. The NTK has changed slightly but that isn't actually from CP minus despite the letterhead.
Send the template and see if they cancel.0 -
Thanks waamo; template / appeal was lodged via email 2 days ago.
Interesting - if the NTK is not from CP Plus (minus), any idea of who it might be from and would this therefore mean that POFA 2012 compliance would no longer be applicable, ie would that allow them to get round the rules so that lack of POFA 2012 compliance could not be used as a defence if this went to POPLA?0 -
victoriavictorious wrote: »...., ie would that allow them to get round the rules so that lack of POFA 2012 compliance could not be used as a defence if this went to POPLA?
They don't need POFA compliance if they aren't using POFA!0
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