UPDATE Response to CP Plus NTK & advice needed...hoping CouponMad or other expert would look

Coupon-mad

None of it matters because the NTK wording won't include the vital warning about the keeper being liable (para 9(2)f of Schedule 4) unless they've changed the words recently.  A non-POFA NTK (in its wording) means there no need to count days on your fingers.

And the fact you have a reminder means nothing (they are auto-sent, regardless of appeals) and I wouldn't bother to waste a second replying!  Just wait...

SpanglyBex

Thanks very much Coupon-mad. Appeal sent and will send separate SAR now. Have had an automated response to my appeal and a response to my previous email confirming they are holding the "charge" at the previous rate of £50.  It would be ideal if I had the first NTK to check the wording against PoFA, but if as you say they are almost never compliant, hopefully POPLA will dismiss anyway. 

Why on earth don't they simply adapt their template to include the PoFA info, though, if it's damaging their business?

Redx

Don't give them ideas !!!

Umkomaas

Why on earth don't they simply adapt their template to include the PoFA info, though, if it's damaging their business?

I'm not sure it is damaging their business that much. In 2019 they issued over 182,000 tickets. If 1% of that number had the faintest idea what PoFA is, I'd be amazed.  If we see a few dozen CP Plus cases here in a year, that's about it. PoFA isn't putting a dent in their business, the forum isn't putting a dent in their business, the juggernaut careers ever onwards. 

Coupon-mad

They don't need to use the POFA and maybe their systems mean they can't meet the 14 days each time.  Why would they change?!

Given that most people who appeal, no doubt blab about being the driver, this doesn't damage their ANPR scam PCN business model at all.

SpanglyBex

Thanks to all who have helped so far...back with an update following the latest correspondance back from CP Plus. As per Coupon-mad's advice I sent in the appeal on 20th Jan. Received a reply on 10th Feb confirming receipt of my appeal, a further request to name driver (ha!) and notification that they are placing my charge on hold for 14 days. In the meantime I receive the standard third demand for payment stating amount has gone up to £140. Letter was issued on 4th Feb so before their email reply to me but after my appeal was received. What do I do now? Am I not right in thinking they either need to refuse my appeal and provide the POPLA code, or accept it? They can't keep just refusing to address my appeal and upping the charge despite me appeaing it, can they? Oh and I have emailed the landowners to express my disgust also. Thanks for any help!

Umkomaas

In the meantime I receive the standard third demand for payment stating amount has gone up to £140.

Who is sending that demand for £140?  How is it made up?  If the charge is under appeal, recovery action must be suspended. Check the BPA Code of Practice for the exact wording, then fire off a complaint to Gemma Dorans at the BPA using their websites complaint portal. 

SpanglyBex

Thanks so much for the quick response Umkomaas. The demand is from CP Plus, same as the previous two. To quote the demand:

"A charge was sent to to you on 23/12/20 and a Reminder issued on 11/01/2021. To date full payment has not been received and the deadline for valid written representations against the Charge has expired. 
As previously advised, a further fee of £40.00 has been applied to your account to cover additional administrations costs"

This is obviously contrary to their email reply to my appeal, which I received on 10/02/21:

"The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.
 We are placing this Charge on hold for 14 days from the date of this email to allow you to provide the details requested."

Coupon-mad

If you are sure no POPLA code has arrived by email, then complain to the BPA about CP Plus (Group Nexus).

Redx

Group Nexus appear to have thrown out all the guides and got rid of experienced people in their merge and rebrand and turned into cowboy chancers making it up as they go along !!

Frankly , I cannot see how they manage to keep ducking and diving established BPA CoP rules and practices !!

It's like a load of teenage baboons has taken over !!

Gemma D needs to get a grip on them