Crown Wharf Walsall / CP Plus Charge Notice

Jack42

Hi, as the registered keeper of the car in question I've received a Charge Notice of £100 (£50 if paid within 14 days) from CP Plus for parking on Crown Wharf in Walsall for, according to the charge notice, 3 hours 4 minutes between 18:38 and 21:43 on 18/10/19. The driver had parked there to go the cinema on the retail park but completely forgot to pay for the parking. They have used the same car park since and paid for the parking, this occasion was simply an honest mistake. They are very reluctant to pay such an extortionate fine but are worried about ignoring the charge incase of further legal action from CP Plus and an even more extortionate amount being charged. Is there any ground to fight the charge?

The_Deep

They are very reluctant to pay such an extortionate fine

It is not a fine, it is an invoice and the Supreme court thinks that the amount is fair.

It is an unregulated industry, and in our opinion n[FONT=Times New Roman, serif]ine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Undervalued

Jack42 wrote: »

Hi, as the registered keeper of the car in question I've received a Charge Notice of £100 (£50 if paid within 14 days) from CP Plus for parking on Crown Wharf in Walsall for, according to the charge notice, 3 hours 4 minutes between 18:38 and 21:43 on 18/10/19. The driver had parked there to go the cinema on the retail park but completely forgot to pay for the parking. They have used the same car park since and paid for the parking, this occasion was simply an honest mistake. They are very reluctant to pay such an extortionate fine but are worried about ignoring the charge incase of further legal action from CP Plus and an even more extortionate amount being charged. Is there any ground to fight the charge?

It may well have been an "honest mistake". However there is no possible way for the parking company to tell if it was indeed an "honest mistake" or parked there by somebody with no intention of paying.

The fact that they have paid for parking in the same location since in no way answers that question. Had they been able to prove that they paid to park there on several previous occasions in might just possibly have tipped the balance of probabilities in their favour if it reached court.

Umkomaas

worried about ignoring the charge incase of further legal action from CP Plus and an even more extortionate amount being charged.

CP Plus don’t sue through the county court.

Is there any ground to fight the charge?

Yes, get things underway by using the initial appeal template (the one in blue text) in the NEWBIES FAQ sticky, post #1. Make sure you read the sticky carefully and follow instructions contained in it.

While there are no guarantees, CPP often cancel when they receive that template.

Have you asked the landowner to intervene to get this cancelled?

Coupon-mad

Undervalued wrote: »

It may well have been an "honest mistake". However there is no possible way for the parking company to tell if it was indeed an "honest mistake" or parked there by somebody with no intention of paying.

The fact that they have paid for parking in the same location since in no way answers that question. Had they been able to prove that they paid to park there on several previous occasions in might just possibly have tipped the balance of probabilities in their favour if it reached court.

All very well, but CP Plus are usually beaten as soon as they see the template appeal from the NEWBIES thread - maybe just altered to include a line saying 'I am aware that CP Plus do not use the POFA so you cannot hold me liable as keeper'.

Scam over. This is what the template is for!! One email and it's gone.

Only an uninformed victim would pay or appeal as driver blabbing about the story of what happened and who parked, thus ruining the winning point.

Hollie_S

Hi did you manage to win this case?