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CP Plus Parking Ticket Scotland 16 Nov 2019

Hello,

I would be grateful if someone could provide some advice/reassurance with regard to the following issue.  I live in Scotland and the parking notice came about after the car was parked longer than the two hour limit at  the Moto Services in Stirling on 16 November 2019.  

Today (20 August) I received an UNPAID DEBT - REMINDER NOTICE from CST Law on behalf of CP Plus LTD (dated 17 August) for £160.  Apparently this amount is to be paid to Debt Recovery Plus by 31 August so to avoid the commencement of court proceedings.  I've also noticed that this letter doesn't actually say that it relates to the parking charge.

The first letter I received in relation to this issue was on 10 April where they claimed they had written to me on 19 March 2020 to bill me for a reduced charge (although that letter didn't say what the original charge was) but because I ignored that letter I now owed them £100.  I can say with complete certainty that I did not receive ANY correspondence from them at all prior to the letter I received on 10 April.  I have been working from home since early March so I've not been away anywhere to miss the post.  Obviously I've no way of proving that, but I know for sure I did not receive any correspondence about a parking ticket. 

I'm now really concerned about the threat of court proceedings as today I've learned from the forum that new legislation  - Transport (Scotland) Act 2019 -  came into force on 15 November 2019 which is obviously the day before the parking charge was meant to have been incurred.  I've had a read through the relevant parts of the legislation however it's not clear to me if this legislation is applicable to this situation.  The section mentioned something about issuing a notice within 28 days and obviously 10 April (when correspondence was actually first received) far in exceeds this.  But I'm not even sure if that section is relevant as not familiar in any way with legislation.

Since 10 April I've not done nothing with the letters I have received and have followed the advice of family and friends here in Scotland, who've pretty much unanimously said they don't pay them and to just ignore them as there's nothing they can do about them up here.  This is the first time I've ever had a parking ticket of any kind, but have long heard that in Scotland rightly or wrongly that people just ignore the private firms

I am now genuinely worried about this and considering just paying the amount they claim is owed so I'm left alone.  I really would appreciate any advice as to how best to proceed, particularly in relation to charges incurred from 15 November 2019 onwards.

I've never posted on a forum before so apologies in advance if this is in the wrong format or place.

Thanks for your help.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 August 2020 at 8:14PM
    no keeper liability yet in scotland and they havent implemented that law as yet, so as keeper you are ok, no blabbing about who was driving, its the driver that has liability, if they knew who it was, so DONT TELL EM PIKE !!!

    your friends and family are wrong, they CAN enforce against a known driver, so a driver can be taken to court as Carly Mackie found out 3 years ago


    your friends and family should have made the distinction between no keeper liabilty and full driver liability, so half a story

    once they enact that law and implement it, then its a different ball game, but only going forward

  • Castle
    Castle Posts: 4,653 Forumite
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    The 2 hour time limit is for free parking; a driver can park for longer if they pay.
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
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    Just get reading the CST Law group thread and any other CP Plus Scotland threads.  Pretty sure late appeals to CP Plus (NOT CST) telling them you know they can't hold a keeper liable and so they must 'do one' will get it cancelled.  Has done before, even for Scottish cases which are going nowhere.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hello, thanks very much for all the advice above. Really appreciate it.

    I sent an email appeal on 21 August, to the cp plus and copying in the motorway services company, citing all the above advice  as well as disputing the additional charges that have been added as read that there’s no basis for these to be added. 

    I’ve had no response beyond an email acknowledgment. I searched for the ticket on the cp plus website however there not anything there. Not sure if this means it’s been cancelled or because it got moved on to the CST Law. 

    I’ve just sent email querying why there has been no response. 
  • Umkomaas
    Umkomaas Posts: 43,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    With many PPCs, once the parking charge has been passed to a debt collector, it no longer shows on their website. It's not universal, so it may not apply with CP Plus. 
    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 Street
  • D_P_Dance
    D_P_Dance Posts: 11,590 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

    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 later this year,

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



    You never know how far you can go until you go too far.
  • Thanks I’ll wait and see if I hear anything more. I’ve reported CST Law to the SRA as read on another thread that you should do so immediately if you receive any letters with additional charges, which did on 21 August. Can’t believe they can just make up things like that!
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The SRA won't be interested and quite right because it's the parking firm who added the cost.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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