Moto / CP Plus Ltd appeal success

ParkingWarrior_2

This is my first post on the forum regarding this PCN, following the rules I have used the forum as a resource and worked on things independently. I just wanted to post the nuts and bolts of my success in case it may be of use to others.

A PCN was raised at a MOTO service station in a friend's car for a stay of 2 hours 23 minutes. That friend was immediately scared of being implicated/charged (as Registered Keeper) so as the one in charge of the vehicle that day I appealed in the following manner:

Initial Appeal

<My Address>
An invoice was recently received by from your company with reference number <X> dated <X> for vehicle reg number <X> for overstaying at MOTO <X> by the Registered Keeper, <X>. <X> was not the Keeper of the vehicle on that date, however, I was the Keeper of said vehicle. There will be no admissions as to who was driving and no assumptions can be drawn.

Since your PCN is a vague template, I require ALL evidence with respect to your claims made. For example, your ANPR cameras logged the vehicle on entering and leaving the service area, but how you can evidence that the vehicle was parked for the duration of that period? Furthermore, can you please provide evidence to the accuracy of the ANPR equipment, including full documentary evidence of the maintenance and calibration of the equipment as required by the BPA code of conduct.

Your evidence must also include details of the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

You must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note: Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully, etc. etc.

Initial Response

Thank you for your correspondence relating to your Parking Charge Notice (PCN), the contents of which have been noted.

As you have identified yourself as the driver on the day in question, please provide us with your full address details so that we can update our records accordingly.

We are placing this Notice on hold for 14 days from the date of this email to allow you to provide the details requested.

Yours faithfully, etc. etc.

My reply via email

Thank you kindly for your response.

You mention noting the contents of my correspondence but then go on to express precisely the opposite of what was stipulated. You write, "As you have identified yourself as the driver on the day in question, please provide us with your full address details so that we can update our records accordingly."

Firstly. I have done no such thing. I have very clearly identified myself of the Keeper of the vehicle on that day and expressly confirmed that "there will be no admissions as to who was driving and no assumptions can be drawn."

I am appealing your charges as Keeper of the vehicles in accordance with the BPA Code of Practice and POPLA rules, furthermore, my address has been provided already. For you convenience, it was: <My Address>.

The Code of Practice is very clear on this point, and I quote:

Complaints, challenges and appeals
General principles
22.1 Under the Code you must have procedures for dealing fairly, efficiently and promptly with complaints, challenges or appeals. The procedures must give drivers and keepers the chance to challenge a parking charge notice.
Operator procedures
22.4 If a driver or keeper challenges a parking charge you must review the case and decide whether to:
• uphold the parking charge and explain why it was issued and should therefore be paid, or
• reduce or cancel the charge and take no further management action other than informing the driver.

Under the BPA Code of Practice and POPLA rules, you are required to afford keepers the same right of challenge, so to move forward might I suggest you take one of the following courses of action.

A) Provide me with the evidence as clearly laid out in my initial correspondence.
Rescind your charges.
C) Forward a POPLA code by return and allow this to be independently arbitrated.

Yours faithfully, etc.

Then 'Boom': Success

Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge Notice (PCN).

Further to your representations, we have investigated your claims and can confirm that your Notice has subsequently been cancelled in full and no further action will be taken.

Thank you all

A big thank you to all that work so hard on this wonderful resource. I have used it to fight many PCNs and been successful time after time. Including for friends and family members. I couldn't not do it without this forum so I raise my glass to you all.

:beer:

Umkomaas

Great result and a fantastic example of how to use the NEWBIES FAQ sticky to its max.

Thank you for sharing your success story with us - really helps to keep us motivated in dealing with this stuff. Oh that many more people would have the resilience to use the resources here and get on with things themselves .... but their situation is always ‘unique’ and ‘not covered anywhere on the forum’, and want so much handholding, you wonder how they cope with other more serious aspects of their lives. :cool:

ParkingWarrior_2

I'm from the old-school forum days, where RTFM was as common as a hello. :rotfl:

Coupon-mad

LOL, well done!

CP Plus always fold when they realise the keeper isn't going to cough up who was driving!