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CP plus parking fine I can't afford

Hi

I've been issued with a parking charge on the 14th of May (well that's when the letter arrived) from CP Plus. Apparently they have no evidence a ticket was paid for and I can't prove otherwise. The offence happened in April and cash would of been used.

I've looked into this slightly and I'm wondering if I can argue on these points in an appeal.

1. The offence happened on the 19/04/2021 they issued the letter on the 04/05/2021 but it didn't arrive until the 14/05/2021 which is past the 14 days they have under the freedoms of protection 2012.

2. I'm the keeper of the vehicle, but I wasn't driving. The driver was my mom who is insured but is not the keeper.

3. They say they don't have evidence I paid, but it's on them to prove my mom didn't. That car park is constantly having machines down and for all I know it's a technical fault.

With the letter appearing on the 14th, I've only got till the 18th to pay the reduced amount. Can't really afford it being on disability benefits, so just trying everything else first.

Cheers for any help guys.
«1345

Comments

  • Half_way
    Half_way Posts: 7,395 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    this is not a fine, and  the driver has committed no offence.
    do not attempt to name, or id the driver, never use terms such as I/he/she/father/mother/sister/brother etc
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 May 2021 at 12:04PM
    It is not a fine, nor is it an offence, it is an invoice.  You owe nothing unless a judge says so.  Please read the newbies and complain to your MP.

    You never know how far you can go until you go too far.
  • grimmyth
    grimmyth Posts: 25 Forumite
    10 Posts First Anniversary
    Half_way said:
    this is not a fine, and  the driver has committed no offence.
    do not attempt to name, or id the driver, never use terms such as I/he/she/father/mother/sister/brother etc
    Ok so just mention I was not the driver at the time?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 17 May 2021 at 12:18PM
    Appeal using the blue text template from the newbies FAQ sticky thread near the top of the forum , in announcements , add as line that

    The keeper was definitely not the driver at the time and C P Plus failed to comply with POFA so cancel the PCN

    Do not infer who was driving
  • Fruitcake
    Fruitcake Posts: 59,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 May 2021 at 12:13PM
    Send the appeal template in blue text that you will find in the sticky thread for NEWBIES. Send it from The Keeper, unaltered except a one liner stating that you were not the driver and the NTK was given too late for keeper liability to apply so they should cancel now and save themselves money.

    Have you complained to the landowner yet (without identifying the driver)? A landowner cancellation is always Plan A.

    Get pics of the site and signage if it isn't cancelled.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • grimmyth
    grimmyth Posts: 25 Forumite
    10 Posts First Anniversary
    Fruitcake said:
    Send the appeal template in blue text that you will find in the sticky thread for NEWBIES. Send it from The Keeper, unaltered except a one liner stating that you were not the driver and the NTK was given too late for keeper liability to apply so they should cancel now and save themselves money.

    Have you complained to the landowner yet (without identifying the driver)? A landowner cancellation is always Plan A.

    Get pics of the site and signage if it isn't cancelled.
    How do I complain to the land owner? Also I need to do the appeal today really as the reduced payment period ends tomorrow. 
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You write him a letter or send him an email, read this

    https://www.theguardian.com/money/2010/feb/18/how-to-complain-effectively-complaints-procedure 

    Ignore the reduction, with our help this PCN will be cancelled either by the PPC or a judge.  Have you read the newbies yet.?    It would be wise ti do so before posting again.  
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 17 May 2021 at 12:27PM
    There are many ways to get the details of the landowner , Google , council , land registry , etc

    That 14 day deadline is irrelevant

    You have 28 days to appeal as keeper , use that time for a landowner complaint , appealing around day 26 if it's not cancelled , the parking company have 35 days to make a decision

    Do this correctly and you won't be paying a penny
  • Fruitcake
    Fruitcake Posts: 59,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 May 2021 at 12:29PM
    Where did the alleged event occur? Which nation in the UK, was it a retail park, supermarket, residential, hospital? It may have cropped up here before.

    You have 28 days to appeal. The NTK will give you the appeal deadline. If there was no NTD then there is no advantage in waiting. Just make sure you do not miss the appeal deadline.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • grimmyth
    grimmyth Posts: 25 Forumite
    10 Posts First Anniversary
    Fruitcake said:
    Where did the alleged event occur? Which nation in the UK, was it a retail park, supermarket, residential, hospital? It may have cropped up here before.

    You have 28 days to appeal. The NTK will give you the appeal deadline. If there was no NTD then there is no advantage in waiting. Just make sure you do not miss the appeal deadline.
    It was a retail park in England called the Crown Wharf in Walsall. 
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