Should I pay car parking fine from private operator CP Plus during April lock down?

The_Living_Coin

I've just received a final demand for payment from CP Plus for £150 for parking in one of their managed carparks back in April when we were all advised to avoid public transport and only leave the house for 1 hour. My wife and I used the car park at the Lea Valley Ice rink, outside of trading hours (they were closed anyway). The rink is ran by the Lee Valley Regional Park Authority and it appeared the barriers had been left open so people could drive, park and access the open park behind the rink. I got a letter from CP demading payment. I tried to get Lea Valley involved to cancel it as it appeared the carpark was open (the barrier was up) for public benefit. They have said they can't get involved despite being CP's client. Now 'Debt Recovery Plus' have given me one more chance to pay before they recommend to their client that they take court action. They also refer to a Supreme Court ruling in Nov 2015 where the court ruled a parking charge was lawful. Does anyone have any experience of this? Would they actually take me to court? 

[Deleted User]

You need to post this on the motoring board.

[Deleted User]

Nobody really knows for sure. I’ve heard of people throwing their dozens of demands in bin and nothing ever came of it but you would need nerves of steel.  

If it was the kind of car park where you took a ticket which raised the barriers but which you couldn’t do as the barriers were already up I would say you have a strong case for not paying, only problem is you probably don’t have proof?  

Not sure anyone could advise how it would go in court tbh if it got that far.  Ask yourself if you knew you should really have had a parking ticket,  like did others have them?  Or did you feel you would chance it as the barriers were up?  

Unwritten rule in our hospital car park. If barriers are up you don’t have to pay so not sure what situation is in the car park you are referring to. 

alanfp

Were there signs?
Did they say you were supposed to pay, or that there was a time limit, or it was permit holders only?

If answer to both those is yes, then you're probably due to pay the charge.  I know someone who got a CCJ against them from Nottingham county court for not paying their parking charge.  CPPlus might not take people to court - this was a different parking company. 

The_Living_Coin

I honestly didn't see any signs. CPPlus say they were prominently displayed. It was evening, the car park was open and the ice rink was shut so I never even thought to look. I just went off for my walk. Had there been a pay and display I would have done that but I didn't notice anything. I assumed the car park was attached to the municipal rink so I guess I didn't give it much thought - I rarely drive in London but it was gov advice to avoid public transport.   

sourcrates

Will move to parking forum for you.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to 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, and darfts have beenopened for publc consulatation,

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, under new legislation 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/

Please also read these and have your say

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

Ralph-y

go to the newbies thread / discussion

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1

make sure you start at the first page not last

have a good read then send the blue template found there.

Ralph

beamerguy

The NEWBIES thread a "must to read"

DRP ....... IGNORE THEM, they live in their own little dream world, totally powerless and cannot instruct anyone.  Just let DRP waste their time and money and never make contact with them

The_Living_Coin

Thanks all - I did appeal to the Lea Valley Regional Park Authority and went through the CPPlus appeal process but this doesn't seem to have helped. I've just written to the local MP there Stella Creasy to ask for intervention too. I do feel that they may not go to court as this is one hour, outside trading hours during a pandemic to follow gov advice and it would not look good before any court but on the other hand, who knows what a result will be when the letter of the law is applied and I obviously don't want a CCJ going against me...

Le_Kirk

You won't get a CCJ unless and until you have been to court, lost the case and been told be a judge to pay.  Even then you won't get a CCJ if you pay before the deadline the judge sets.