cp plus fine

mcnal73ftm

good morning 
I received a fine for not having a ticket at Crown Plus Wharf, Walsall from CP Plus on 19 Dec. My autistic daughter was in a distressed state therefore i didn't initially get a ticket (i admit) - when i returned to my car just under 2 hrs later there was no ticket on my windscreen but i still tried to pay for the 2 hours i had parked - however 2 separate machines were out of order. Yes, i should have taken photos but i didn't. So i received last Thu 6th Jan the NTK - Dated 30 December - Am i right in saying I can/should appeal this as it was received outside of the 14 day deadline as per POFA Section 9? And admit no liability as to who was driving? Any advice gladly accepted

Redx

Correct , appeal as keeper using the blue text template from the newbies FAQ sticky thread near the top of the forum in announcements , no changes , no telling what happened , no blabbing about who was driving

Add one Extra sentence stating that they have failed to comply with POFA so cancel the PCN

mcnal73ftm

Thanks!
Is it this template below, or something else?

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Redx

If that was the only template in blue text that you found , then yes

I doubt that you found any more in blue text

mcnal73ftm

Ok - thanks - are CP Plus likely to still reject my appeal in your experience? And if so would I then use POPLA? 

Redx

Probably , and yes

Ps , I have no experience , just a vast amount of knowledge after coming here for over 8 years and reading discussions , learning from them and helping hundreds of people !

I have never had a private parking charge notice or court claim

Coupon-mad

Such an easy one.  The NEWBIES Thread even names CP Plus and says why a keeper will win.

D_P_Dance

It is not a fime.  Please read  the newbies and complain to your MP..

mcnal73ftm

Hi guys - when I refer this to POPLA how much admission (if any) do I make about who was driving/extenuating circumstances etc? Or do I just point out the POFA fail from CP PLUS? 

Redx

mcnal73ftm said:

Hi guys - when I refer this to POPLA how much admission (if any) do I make about who was driving/extenuating circumstances etc? Or do I just point out the POFA fail from CP PLUS? 

No need to mention who was driving at all , nor infer it , it's for the PPC to prove their case , or fail

If you are the keeper and they failed to comply with POFA , they fail , it's that simple

mcnal73ftm

Thanks! So if I refer to the fail on Section 9 paragraph 4 POFA act (NTK received outside 14 days after day of "alleged" parking offence) that should suffice for POPLA to uphold my appeal?