DCB Legal Claim Form for CP Plus Ltd (Roadchef motorway services)

Elf2021

D_P_Dance said:

IIMU that no other country charges for using MSAs, why us?

I always thought it was just HGV's because that used to be the case, I didn't realise it was cars now too as hadn't used a motorway services for ages!.. and by the time I got the first PCN over a month after the offence I had already overstayed the second time!

KeithP

Elf2021 said:

D_P_Dance said:

IIMU that no other country charges for using MSAs, why us?

I always thought it was just HGV's because that used to be the case, I didn't realise it was cars now too as hadn't used a motorway services for ages!

Then clearly the signs weren't good enough.

D_P_Dance

It is not an offencce.  It is an allegation of a breach of contract.  Using words such as fine and offence supposes liability.

Elf2021

Thank you everyone - so I have filed the directions questionnaire - but was thinking I need to probably start preparing a witness statement - as suggested above I need to be careful on wording - but in the court claim procedure thread it said I need to just try and elaborate around the defence - but I would assume I also need to tell them that I was unwell, took painkillers and fell asleep hoping to clear the migraine! didn't even realise how long I had been there for when I woke up as hadn't noted the time when I stopped.. also should I mention that by the time the first PCN came through the post I had already had to stop again for the same reason.. at that point I actually went back to look because thought it was a mistake!

I don't get migraines very often - only when extremely tired or very stressed - and at the time I had been notified our office was closing and then that I was being made redundant - all just before Xmas ( both overstays were in November).. 
and I was still working long hours..

thoughts and advice would be much appreciated..

Oh and one more thing - I received the information from CP Plus from the SAR they sent me the PCN,s and reminders and told me the dates they passed my information on to DRPL and DCBL...  I also had letters from Zenith collections but googling them they are just another branch of DRP - originally I just thought it was another Debt Collector - but should they have told me when they sent to them too?

I never got any further response from RoadChef - just ignored me after telling me to deal with the Debt Collectors
Had hoped it wouldn't get this far but need to be ready to go all the way to court!

Redx

Elf2021 said:

Coupon-mad said:

Surely the main defence was no keeper liability, as per usual with CP Plus?

But I was the driver and if I have to submit a witness statement, won't I have to admit to that and explain myself to the judge?
they haven't proved I was the driver, but I can't lie to the judge if they ask

Then the defence is ambiguous on who was driving

If it gets to a court hearing then if asked , tell the truth at that point , but no need to lay your cards on the table must yet , make the claimant work for these nuggets of information. Nobody is asking you to lie , that would be foolish , but no need to help the opposition until crunch time !!

The debt collector letters are a sideshow and nothing to do with the case !! Not worth spending 5 minutes on them

If you really wanted that data , it means a SAR to each one , but to what end ?? Having that data does not help you and it's not up to C P plus to give you drpl or zenith or dcbl data

Le_Kirk

A witness statement backs up and supports your defence, therefore, if your defence is based on stopping to rest because "Tiredness Kills" then you tell the story in the first person in your own words.  Of course, if you do that, you will be saying who the driver was!  BTW all hours have 60 minutes so claiming to work long hours does not compute.  You might have to say "you were working12/16/24 hours per day" to emphasis why you were tired.  But do not overdo it as you could be accused of driving without due care and attention.

Umkomaas

Have we seen any CP Plus MSA cases get to a hearing?

Elf2021

Umkomaas said:

Have we seen any CP Plus MSA cases get to a hearing?

Most of the Motorway Service cases on here seem to have been helped by the motorway services themselves - but I haven't managed to get any response since the initial - we can't help you!

I was hoping that someone else had gotten this far but can't see anything!

patient_dream

Elf2021 said:

Umkomaas said:

Have we seen any CP Plus MSA cases get to a hearing?

Most of the Motorway Service cases on here seem to have been helped by the motorway services themselves - but I haven't managed to get any response since the initial - we can't help you!

I was hoping that someone else had gotten this far but can't see anything!

I think Umkomaas is right, we have not seen these motorway services scam go much further.

Roadchef have a serious customer relations problem and they should be avoided.

What applies to you also applies to the judge in that he/she is driving on a motorway, feels tired and follows what government says on the signs "TAKE A BREAK"

As with NICHOLAS BOWEN QC, he took a break and fell asleep, overstayed and got a ParkingEye ticket which he beat in court. You can watch his story here ..... ParkingEye video
https://forums.moneysavingexpert.com/discussion/comment/78306189#Comment_78306189

If the government signs said MAX 2-3 HOURS maybe people would not get sucked in.

These dodgy companies and legals will probably have a tough time in court because be it you or a judge, you both drive on motorways and enter a service station because government signs tell you to TAKE A BREAK ?

Who in their right mind would want to knowingly overstay in a motorway service area where there are extortionate prices on products and petrol, plus where cowboys operate.
All this in the middle of nowhere.

patient_dream

To add further, the lorry drivers who must legally take a break get caught by the cowboys.

Here is an amusing picture showing Boris talking to the Queen.  If she does accept the 3 month part time job, doubt she will stop at Roadchef