CP Plus Alleging Overstay

Alpha2011

I’m hoping that MP intervention will kick this scam invoice into touch, thus avoiding any need for POPLA.

Alpha2011

Forgot to mention this, but when I appealed the PCN, I asked CP Plus to provide me with a copy of their policy that they have in place with the landowner of the car park (in this case MOTO) and shock, horror, nothing in relation to this appeared in their rejection email. Surprised at this? No, me neither!

Fruitcake

They are not obliged to show their contract with the landowner unless you question it during a court claim.

Umkomaas

Alpha2011 said:

Forgot to mention this, but when I appealed the PCN, I asked CP Plus to provide me with a copy of their policy that they have in place with the landowner of the car park (in this case MOTO) and shock, horror, nothing in relation to this appeared in their rejection email. Surprised at this? No, me neither!

No one ever gets one of those at this stage. It will take at least 9 months at the earliest, at Witness Statement evidence stage - if this ever gets that far. But you will beat this at POPLA on the back of no keeper liability, as CPP don't meet PoFA compliance requirements.  You concentrate on that as your main thrust. 

Alpha2011

I’ve just checked the appeal submission form that was sent along with the rejection email and one of the questions on it asks, Was Driver? CP Plus have saw fit to put YES to this, despite no admissions as to who the driver was in the original appeal. We’ve checked, double checked and triple checked the appeal and at no point does it disclose the identity of the driver. Can they do this? Is this allowed? Opinions please.

Umkomaas

Complain to the BPA and ask them to investigate urgently. 

Coupon-mad

Alpha2011 said:

I’ve just checked the appeal submission form that was sent along with the rejection email and one of the questions on it asks, Was Driver? CP Plus have saw fit to put YES to this, despite no admissions as to who the driver was in the original appeal. We’ve checked, double checked and triple checked the appeal and at no point does it disclose the identity of the driver. Can they do this? Is this allowed? Opinions please.

Maybe there was a drop down menu asking the question.  And the person filling it in ticked 'yes'?

Alpha2011

You could be right. All I know is that we didn’t add that in.

Coupon-mad

Yes but the dropdown usually asks you to say if you were keeper or driver and, if the appeal was done before you came here and learnt the importance of not saying who was driving, it looks like you ticked driver and thereby threw away the (100% slam dunk winning appeal/defence point) POFA argument.

Alpha2011

No, I know the part you’re referring to. It’s at the very beginning of the appeal. It asks if you are appealing as the driver or the keeper. Problem is, when appealing as the keeper, it asks you to name the driver. So, because of that, both were left blank so as not to reveal the identity of the driver.