CP Plus on Wyvern Retail Park, Derby

Turts77

Apologies if this covers other posts of a similar nature, but I've had a look and can't seem to see anything that fits our situation. My wife met a friend at the Wyvern Retail Park in Derby for a drink (and natter) at Costa. She overstayed the allotted time by twenty minutes (though in truth didn't realise there was a time limit). We've received a (first) letter at the weekend, 28 days (to the day) after the incident. I've done some reading and as far as I'm aware, the fact that we didn't receive a letter within 14 days means we aren't liable for the invoice / fine - is that correct?

Appreciate any guidance anyone can offer.

Thanks!

Le_Kirk

The driver parked but did the KEEPER receive the letter (was it a notice to keeper).  I suggest you read he NEWBIE sticky again and particularly the POFA and see that it states that a letter not received by 14 days cannot hold the keeper liable for the actions of the driver.  Was there a NTD on the windscreen?

Umkomaas

I've done some reading and as far as I'm aware, the fact that we didn't receive a letter within 14 days means we aren't liable for the invoice / fine - is that correct?

The keeper isn't liable if the letter is the formal Notice to Keeper and it arrived outside the required period of 14 days following the date of the parking event. The driver, however, is still liable. Failing to meet the 14 day deadline does not in any way invalidate the charge. 

CP Plus have traditionally not used the correct Protection of Freedoms Act 2012 (Schedule 4) wording or met the required timescales to hold the keeper liable, but I think of late they have started to get that part of their house in order. 

Can you confirm that the letter isn't marked up as a 'Reminder'; if it is the formal NtK, does it make any reference at all to PoFA?

Turts77

Le_Kirk said:

The driver parked but did the KEEPER receive the letter (was it a notice to keeper).  I suggest you read he NEWBIE sticky again and particularly the POFA and see that it states that a letter not received by 14 days cannot hold the keeper liable for the actions of the driver.  Was there a NTD on the windscreen?

There wasn't a notice on the windscreen, we didn't know anything about it until it dropped through the letterbox at the weekend.

Turts77

Umkomaas said:

I've done some reading and as far as I'm aware, the fact that we didn't receive a letter within 14 days means we aren't liable for the invoice / fine - is that correct?

The keeper isn't liable if the letter is the formal Notice to Keeper and it arrived outside the required period of 14 days following the date of the parking event. The driver, however, is still liable. Failing to meet the 14 day deadline does not in any way invalidate the charge. 

CP Plus have traditionally not used the correct Protection of Freedoms Act 2012 (Schedule 4) wording or met the required timescales to hold the keeper liable, but I think of late they have started to get that part of their house in order. 

Can you confirm that the letter isn't marked up as a 'Reminder'; if it is the formal NtK, does it make any reference at all to PoFA?

Ah, sorry - my mistake on the 14 days issue (I'll take another look)). It does say 'Reminder', though we've not received anything before now. I can't see any reference to PoFA on there - only mention of a ruling regarding 'Private Eye vs Beavis'. I did try and upload a shot of the letter (minus personal details), but I'm guessing that's disabled on the forum. 

Coupon-mad

PrivateEye didn't sue Barry Beavis!

You've read the NEWBIES thread now, we hope, and seen the link to the POFA to check if the first NTK is compliant (unless you only got a reminder)?

What happened when you all complained as a family to the retail park managing agents (Google the place)?

You'll hopefully already know from the NEWBIES thread that is always 'PLAN A as it's the easy route to PCN cancellation in any retail park, for genuine shoppers accused of the heinous crime of 'overstay'.

Turts77

Coupon-mad said:

PrivateEye didn't sue Barry Beavis!

You've read the NEWBIES thread now, we hope, and seen the link to the POFA to check if the first NTK is compliant (unless you only got a reminder)?

What happened when you all complained as a family to the retail park managing agents (Google the place)?

You'll hopefully already know from the NEWBIES thread that is always 'PLAN A as it's the easy route to PCN cancellation in any retail park, for genuine shoppers accused of the heinous crime of 'overstay'.

Thank you - I haven't actually gone back to anyone yet (it arrived at the weekend and we were away). Just to confirm, do you recommend using the 'blue' template - that seems to refer to the actual company requesting payment, not the land owner, is that correct? The one beginning '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.'

Coupon-mad

What is in the NEWBIES thread needs no confirmation (because it's a pinned Announcement of current standard advice) but don't try appeal to the PPC too early.

Plan A is first. LANDOWNER COMPLAINT.  Obviously not written the same as an 'appeal'.

The Newbies thread (in what I think is the first hyperlink I provide there) even takes you to an entire massive thread of examples of how to successfully complain.

Turts77

Coupon-mad said:

What is in the NEWBIES thread needs no confirmation (because it's a pinned Announcement of current standard advice) but don't try appeal to the PPC too early.

Plan A is first. LANDOWNER COMPLAINT.  Obviously not written the same as an 'appeal'.

The Newbies thread (in what I think is the first hyperlink I provide there) even takes you to an entire massive thread of examples of how to successfully complain.

Thanks for your reply, I'm not entirely certain of which thread you mean - is it this one? https://forums.moneysavingexpert.com/discussion/4766249/successful-complaints-about-private-parking-tickets-how-to-get-them-cancelled

Coupon-mad

It's the first hyperlink in the NEWBIES thread, so yes.  Not sure why you are uncertain.

Turts77

Coupon-mad said:

It's the first hyperlink in the NEWBIES thread, so yes.  Not sure why you are uncertain.

Not to sound facetious, because that's the eighth link. I do appreciate your help though. I'll get this sorted. Thanks so much!