CP Plus Charge Notice received 19 days after the date of offence

del_piero_3

A quick question just to confirm whether I understood from all the reading before paying up or appealing against a parking charge:

I received a parking charge notice from CP Plus for overstaying by 30mins at a free to park retail car park (max stay is 3hrs).

Date of offence: 28/08/2019
Date of notice: 16/09/2019

The charge notice letter was received via the post on the 24/09, which is 8 days after it was printed (date of notice).

Anyway, the date of notice is 19 days after the date of offence and from my research I believe if it’s not received within 14 days therefore the fine cannot be enforced onto the owner (that I am) and also not obliged to pass on the driver details.

If the above is correct then I will write to them on that ground (seen templates flying round), no doubt it will get rejected then commence writing to POPLA when the code is received.

Thanks

Redx

not true

its the keeper who has no liability, nothing to do with owner or ownership , there is no legal requirement to name a driver

use the blue template from the newbies sticky thread near the top of this forum, appealing as keeper

they failed PoFA , SNOOZE AND YOU LOSE , lol

del_piero_3

Redx wrote: »

not true

its the keeper who has no liability, nothing to do with owner or ownership , there is no legal requirement to name a driver

use the blue template from the newbies sticky thread near the top of this forum, appealing as keeper

they failed PoFA , SNOOZE AND YOU LOSE , lol

Thanks for the response mate.

Sorry I did mean the "keeper" and not the "owner", I got the terminology wrong, I suppose that is very critical in these situations.


Another thing, do I just copy paste the template with my details and charge notice reference on the 26 day from the date of notice on their online appeal process? Do I not contest on the grounds of not receiving charge notice within 14 days and failing PoFA, or is that done when it comes to POPLA.

Re PCN number:xxx-0987-xxx

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

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 photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include 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.

- in all cases, 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,

Keeper: Joe Blogs
14 Somewhere
Somewhere
SW1 1SW

Redx

if it came as an NTK to the Keeper (not Owner , yes it is critical in these cases as the owner could be Toyota Finance or Barclays Bank for example) in the post then there is no need to delay it until day 26 , that delay is for windscreen tickets to the driver only

yes a paragraph can be added about failing POFA, but when people add words they tend to out the driver or use incorrect words like Owner - sic

be careful if you add this crucial paragraph

it can easily be argued at POPLA if they fail to cancel


no blabbing or inferring about who was driving , not at all

del_piero_3

Redx wrote: »

yes a paragraph can be added about failing POFA, but when people add words they tend to out the driver or use incorrect words like Owner - sic

Would this be ok:



You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

The_Deep

Nine times out of ten of these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies