CP Plus parking ticket appeal

TBrown302818

Mother in law was towed to Moto Chieveley. We were promised recovery within 40 minutes and then told not to wait and to give the keys to whsmith and leave the car.

I went into Whsmith to enquire if I had to pay to stay while we waited and was told no.

Yesterday (25th Oct) I got a Parking Charge Reminder from CP Plus stating that I had been sent a PCN on 25/08/2023. I HAVE NOT. The ticket is now an extortionate  £140.

I called Moto hospitality Ltd and they advised me to email the parking team. I explained in email to them and they've fobbed me off to CP PLUS. Email below

I have read the newbies thread and other threads and will now write my appeal letter to CP PLUS without identifying the driver.

I have also attached the PCR. I am a little hazy on if they have taken too long to contact me. I can't find the thread that stipulates this.

I am happy to reference the appeal template I intend to use however, I would appreciate some guidance on the most appropriate appeal letter for my situ.

For reference :

Email from Moto hospitality ltd

Thank you for taking the time to contact us via Moto website regarding the PCN your mother in law received when she visited Moto Chieveley on 15th September 2023.

I am sorry she received a PCN from this visit, but we do operate a free 2 hour parking limit and then parking charges apply. Following this if a parking payment is not received then a PCN is issued.

 

There is signage throughout our car parks highlighting the free 2-hour limit, what the parking charges are after the free timeframe, where to pay and the terms and conditions.

I appreciate you contacting us directly, however CP Plus/Group Nexus are responsible for managing parking at Moto locations which includes PCN queries and appeals.

Due to GDPR we do not have access to their data, but would like to assure you that they are expected to adhere to the British Parking Association Code of Practice, and that they obtain keeper details from the DVLA in real time, to obtain the registered owner address which they use for their PCN correspondence, except where the vehicle was loaned by a hire company, in which case, they issue the PCN to them, and then re-issue to the driver once the hire company advise the details.

If you wish to file an appeal, please submit an appeal directly with Group Nexus / CP Plus based on the circumstances as described in your message to us. The best way is to submit an appeal on line via https://groupnexus.co.uk/ to ensure the Notice is placed on hold while the appeal is being considered. Once the appeal is submitted Group Nexus will contact you regarding your case.

I am afraid we can assist no further with this matter and suggest that you please appeal the PCN using the contact details provided on the latest documentation you have received.

 

Yours sincerely,

Nadia

 

 

Parking Queries

Moto Hospitality Ltd

 

Parking.Queries@moto-way.co.uk

moto-way.com

End of email

Thanks for the help

patient_dream

It is a shame that MOTO has no respect for customers, especially with your story. MOTO can cancel the ticket but prefer to upset people.

It simply means that CP Plus is the organ grinder and MOTO is the monkey

You can appeal to CP Plus but the chances are high they will reject i because they are in need of making money. You then have POPLA

Don't be confused about Group Nexus, they are not some huge organisation, they are only a two man band

Your job now is to carefully read the NEWVIES thread to understand the scam you are in.

Personally, I would never go into any MOTO services, there is a money scammer on every site

Coupon-mad

Ring up MOTO and explain.

TBrown302818

patient_dream said:

It is a shame that MOTO has no respect for customers, especially with your story. MOTO can cancel the ticket but prefer to upset people.

It simply means that CP Plus is the organ grinder and MOTO is the monkey

You can appeal to CP Plus but the chances are high they will reject i because they are in need of making money. You then have POPLA

Don't be confused about Group Nexus, they are not some huge organisation, they are only a two man band

Your job now is to carefully read the NEWVIES thread to understand the scam you are in.

Personally, I would never go into any MOTO services, there is a money scammer on every site

I definitely never intend to visit another! Yes I have read the newbies thread thank you.

TBrown302818

Coupon-mad said:

Ring up MOTO and explain.

Okay! I will call them again tomorrow and explain the situation again. Thank you 

TBrown302818

TBrown302818 said:

Coupon-mad said:

Ring up MOTO and explain.

Okay! I will call them again tomorrow and explain the situation again. Thank you 

I called Moto hospitality ltd and Moto Chievely. They've both directed me back to CP PLUS

fisherjim

Not one mention in that reply about the breakdown I'll tell you why because it was a proforma written for them by the PPC with a couple of personal bits added.

After POPLA who will just spout the usual Terms and Conditions rubbish I would let it continue and let a judge decide, a pity you didn't take the name of the person in WH Smiths at the time though as I believe they take the car park fees, but told you to ignore them.

1505grandad

Just putting it out there:-

"Mother in law was towed to Moto Chieveley. We were promised recovery within 40 minutes and then told not to wait and to give the keys to whsmith and leave the car."

Who towed the car?

The forum templates include (and I believe the ATA's have informally advised adherence **see below) :-

"Whilst the new Code is not retrospective, the majority of the clauses went unchallenged by the parking industry, and it stands to become a creature of statute due to the failure of the self-serving BPA & IPC Codes."

So anyone would expect the ppc to take heed of the new Parking CoP which includes in Appeals section:-

https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice#annex-f-exempt-vehicle-cases-no-stopping-zones-and-appeals

"F.1 Exempt circumstances

Parking charges must not be pursued in relation to vehicles where evidence is provided that they are identified as:

e) a vehicle that has been driven onto controlled land due to an emergency which could not be avoided due to the exceptional nature of an incident outside of the control of the driver, e.g. illness or vehicle breakdown;"

or if it was towed by motorway officials perhaps this would also apply:-

"d) a vehicle that has been driven onto controlled land due to an instruction to the driver by a member of the emergency services, or an invitation or instruction from the landholder(s) or parking operator;"

"1. The use of the term ‘pursue’ recognises the fact that it may not always be possible for a parking operator’s system to pick up that these circumstances have arisen, and hence issue a notice of parking charge that should then be withdrawn on appeal. However, parking operators should make all reasonable steps to avoid issuing a notice of parking charge which then needs to be withdrawn e.g. by scrutinising images and weighing the balance of doubt."

**https://researchbriefings.files.parliament.uk/documents/SN02235/SN02235.pdf  

 dated 6 June 2023  -   (page 9)

"There will be an implementation period to allow parking operators to align

with the requirements of the Code before it comes into effect. When the initial

draft of the Code was published, operators were expected to fully adhere to

the new Code before 2024, by which time it was expected that the new single

appeals service will be operational. 

TBrown302818

1505grandad said:

Just putting it out there:-

"Mother in law was towed to Moto Chieveley. We were promised recovery within 40 minutes and then told not to wait and to give the keys to whsmith and leave the car."

Who towed the car?

The forum templates include (and I believe the ATA's have informally advised adherence **see below) :-

"Whilst the new Code is not retrospective, the majority of the clauses went unchallenged by the parking industry, and it stands to become a creature of statute due to the failure of the self-serving BPA & IPC Codes."

So anyone would expect the ppc to take heed of the new Parking CoP which includes in Appeals section:-

https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice#annex-f-exempt-vehicle-cases-no-stopping-zones-and-appeals

"F.1 Exempt circumstances

Parking charges must not be pursued in relation to vehicles where evidence is provided that they are identified as:

e) a vehicle that has been driven onto controlled land due to an emergency which could not be avoided due to the exceptional nature of an incident outside of the control of the driver, e.g. illness or vehicle breakdown;"

or if it was towed by motorway officials perhaps this would also apply:-

"d) a vehicle that has been driven onto controlled land due to an instruction to the driver by a member of the emergency services, or an invitation or instruction from the landholder(s) or parking operator;"

"1. The use of the term ‘pursue’ recognises the fact that it may not always be possible for a parking operator’s system to pick up that these circumstances have arisen, and hence issue a notice of parking charge that should then be withdrawn on appeal. However, parking operators should make all reasonable steps to avoid issuing a notice of parking charge which then needs to be withdrawn e.g. by scrutinising images and weighing the balance of doubt."

**https://researchbriefings.files.parliament.uk/documents/SN02235/SN02235.pdf  

 dated 6 June 2023  -   (page 9)

"There will be an implementation period to allow parking operators to align

with the requirements of the Code before it comes into effect. When the initial

draft of the Code was published, operators were expected to fully adhere to

the new Code before 2024, by which time it was expected that the new single

appeals service will be operational. 

This is gold dust. Thank you so much!!

TBrown302818

fisherjim said:

Not one mention in that reply about the breakdown I'll tell you why because it was a proforma written for them by the PPC with a couple of personal bits added.

After POPLA who will just spout the usual Terms and Conditions rubbish I would let it continue and let a judge decide, a pity you didn't take the name of the person in WH Smiths at the time though as I believe they take the car park fees, but told you to ignore them.

These are amazing points, thanks. When you find yourself in these situations it puts you in such a state of panic. We'd already had such a !!!!!! time that day. I am now drafting my appeal.

TBrown302818

1505grandad said:

Just putting it out there:-

"Mother in law was towed to Moto Chieveley. We were promised recovery within 40 minutes and then told not to wait and to give the keys to whsmith and leave the car."

Who towed the car?

The forum templates include (and I believe the ATA's have informally advised adherence **see below) :-

"Whilst the new Code is not retrospective, the majority of the clauses went unchallenged by the parking industry, and it stands to become a creature of statute due to the failure of the self-serving BPA & IPC Codes."

So anyone would expect the ppc to take heed of the new Parking CoP which includes in Appeals section:-

https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice#annex-f-exempt-vehicle-cases-no-stopping-zones-and-appeals

"F.1 Exempt circumstances

Parking charges must not be pursued in relation to vehicles where evidence is provided that they are identified as:

e) a vehicle that has been driven onto controlled land due to an emergency which could not be avoided due to the exceptional nature of an incident outside of the control of the driver, e.g. illness or vehicle breakdown;"

or if it was towed by motorway officials perhaps this would also apply:-

"d) a vehicle that has been driven onto controlled land due to an instruction to the driver by a member of the emergency services, or an invitation or instruction from the landholder(s) or parking operator;"

"1. The use of the term ‘pursue’ recognises the fact that it may not always be possible for a parking operator’s system to pick up that these circumstances have arisen, and hence issue a notice of parking charge that should then be withdrawn on appeal. However, parking operators should make all reasonable steps to avoid issuing a notice of parking charge which then needs to be withdrawn e.g. by scrutinising images and weighing the balance of doubt."

**https://researchbriefings.files.parliament.uk/documents/SN02235/SN02235.pdf  

 dated 6 June 2023  -   (page 9)

"There will be an implementation period to allow parking operators to align

with the requirements of the Code before it comes into effect. When the initial

draft of the Code was published, operators were expected to fully adhere to

the new Code before 2024, by which time it was expected that the new single

appeals service will be operational. 

Hi again.

With regards to this: 

"The forum templates include (and I believe the ATA's have informally advised adherence **see below) :-"

Can you please link the templates. Ive found a few but getting square eyed about which ones to amend and how. I have 3 drafts that seem hideously incorrect due to me not being able to find a situation like my own.

I want to put the information you have linked but all other appeal letters seem very short and sweet. Id like to send heavy appeal and be done with it.