CPPLUS - POPLA Stage - PCN

CPPLUS26

Hello All, 

Appreciate your time in advance. 

I used the generic template from newbies when "Disputing" the PCN after receiving the NTK from CPPLUS and they pretty much just laughed it off saying it was a template. 

I have attached the NTK at the bottom I have received in case this helps but seems compliant does have DRAFT? on the back and CPPLUS response below. 

My question is now regarding the POPLA before I submit the PDF response, I have read the newbie thread and the "SECOND STAGE APPEAL - POPLA OR IAS" and i will be adding the points of Signage,  individual who it is pursuing is in fact the driver who was liable for the charge and land owner Authority. 

There is Photo evidence that at the time the car was parked that the parking Meters/machines were not in operation and covered with no signs on the front regarding an alternative, with tiny signs about a phone system a meter away which you would just not look at or easily visible these are also not evident or mentioned when entering the car park and also not in view of all parking spaces. 

Do I stick with this generalness in the newbie thread links and just include this part in more detail with potential evidence? or not at all? 

Is there a clear part of the BPA code that relates to machine(s) not in operation where a phone system is also used in conjunction. 

Thank you in advance. 

CPPLUS response below: 

Thank you for your appeal regarding the above Parking Charge Notice (PCN).

I have carefully reviewed the case and considered the points that you raised in conjunction with the facts and evidence available to me. On this occasion, your appeal has been rejected as I am satisfied that this PCN was issued correctly. I have explained the reasoning behind this decision in more detail below.

My findings

General Hospital is private land and is subject to a parking management scheme put in place by the operator at the landowner’s request. There are specific terms and conditions in place as part of this scheme, which are displayed on the signs in place at the site. These signs have been installed in clear and prominent positions.

At this location, vehicles parked on site must have a valid pay and display ticket on display.

On 23/03/2021, the vehicle was parked without a valid pay and display ticket on display. This was a breach of the terms and conditions and the PCN was correctly and legitimately issued as a result.

In your appeal, you have decline to name the driver of the vehicle. As this PCN was issued in accordance with POFA 2012, we now retain the right to seek the outstanding balance for this charge from you, as the registered keeper of the vehicle.

As this PCN has been issued for failure to display a pay and display ticket, we are not obligated to provide you with a record of ticket machine purchases, nor will we be doing so.

I must also stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter.

Ultimately, it is the responsibility of the motorist to ensure that they seek out, read and comply with the terms and conditions of parking that are in place. By parking on site in breach of these terms and conditions, it has been agreed that the charge detailed on the signs will be paid.

I appreciate that this may not be the desired outcome, however, you have now reached the end of our internal appeal process. The three options available are listed below:

Your options

1) Pay the PCN at the amount of £80.00 within 28 days from the date of this response. Payment can be made online or by phone. Go to www.parkingcsl.co.uk/pay or phone 0208 528 4122. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent, if applicable.

If you are unable to pay the balance in full due to the current Covid-19 Pandemic, please contact us on the above telephone number so that one of our agents can discuss payment options. Alternatively, please provide a contact telephone number by return if you would like one of our telephone operatives to contact you to discuss this option.

2) Make an appeal to POPLA (the Independent Appeals Service) online at www.popla.co.uk using the verification code provided above. The only grounds for making an appeal are stated on the website and the appeal must be received by POPLA within 28 days from the date of this response. If you are unable to submit your appeal online, we can provide you with a form to submit your appeal by post.

If you appeal to POPLA, we will suspend recovery activity on the PCN. The charge will not increase further until the appeal outcome has been determined.

If you choose to pay the PCN you will not be able to appeal to POPLA.

3) If you do not make payment or submit an appeal to POPLA within the given timeframe, the outstanding PCN may be passed to an appointed debt collection agency for further action. All costs associated with this process will be added to the current balance.

More Information

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.

Umkomaas

Looks like CP Plus have - finally - got their NtK PoFA compliant. Not bad going after 9 years!

Strat working on your POPLA appeal, see the NEWBIES FAQ sticky, third post, where there is some very comprehensive advice and guidance. 

Were you a patient of the hospital?  If so, have you been in touch with the Patient Advice and Liaison Service (PALS)?  They can help. 

Don't miss your POPLA appeal deadline, but there are 3 or 4 more days than the official 28, in practice. 

Castle

Umkomaas said:

Looks like CP Plus have - finally - got their NtK PoFA compliant. Not bad going after 9 years!

Strat working on your POPLA appeal, see the NEWBIES FAQ sticky, third post, where there is some very comprehensive advice and guidance. 

Were you a patient of the hospital?  If so, have you been in touch with the Patient Advice and Liaison Service (PALS)?  They can help. 

Don't miss your POPLA appeal deadline, but there are 3 or 4 more days than the official 28, in practice. 

We haven't seen the NTD yet; so, it's a bit early to call.

CPPLUS26

Umkomaas said:

Were you a patient of the hospital?  If so, have you been in touch with the Patient Advice and Liaison Service (PALS)?  They can help. 

Don't miss your POPLA appeal deadline, but there are 3 or 4 more days than the official 28, in practice. 

Yeah I tried contacting the Hospital but they were not helpful and just referred me to appeal with CPPLUS. 

I've seen the third post already, where I will refer to the points mentioned above specifically. I was just wondering if there was a specific point regarding Payment machines not in operation or whether I should just include it within the signage point etc? I have evidence of this, but is it wise to include this and also include the tiny signage for the phone option which is not displayed anywhere you would look, in case of it eluding an option to pay albeit the machine not in operation.  

Thank you for your time. 

D_P_Dance

Yeah I tried contacting the Hospital but they were not helpful and just referred me to appeal with CPPLUS. 

Read this and complain to your MP.

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Umkomaas

Who fobbed you off at the hospital?  The following all might be usefully contacted. If at first you don't succeed .....

1. PALS
2. Facility Management
3. Security
4. Chief Executive Officer 

D_P_Dance

Add to that local paper, hospital website, NHS Trust

CPPLUS26

What would the MP or Local paper do though? If CPPLUS have in fact been contracted to facilitate "fines" in the event that people don't pay for parking on the hospital ground, what is the issue? 

D_P_Dance

What would the MP or Local paper do though? 

Well I do not know what they would do, but they could  kick up a fuss, lean on the local council, raise it with a minister etc. etc., etc.  

CPPLUS26

The main advice i need is more around

"I've seen the third post already, where I will refer to the points mentioned above specifically. I was just wondering if there was a specific point regarding Payment machines not in operation or whether I should just include it within the signage point etc? I have evidence of this, but is it wise to include this and also include the tiny signage for the phone option which is not displayed anywhere you would look, in case of it eluding an option to pay albeit the machine not in operation.  "

Redx

Always mention issues with signage , machines , no landowner authority , you don't even need to ask , it's a given

V8 of the latest BPA CoP from 2020 is what you should read about compliance

As for complaining , if you don't ask , you don't get , so better to complain to all and sundry than stay silent