Parking invoice from CP Plus (MOTO Wetherby)

solestik

Hello,

My sister has received a parking charge from CP Plus. I was driving her car at the time and overstayed by 51 minutes at MOTO Wetherby as I was sleeping in the car from 1-4AM. 

This occurred 23/10/2023, charge was received 30/10/2023. Now reminder letter demanding £140.00. I didn't pay for parking as I wasn't really aware I needed to - didn't see any illuminated signs but wasn't really looking as I was tired and needed to sleep for a couple hours.

My ideal scenario would be that my sister names me as keeping the vehicle at the time (to take away all liability from her) and then I just never pay. Any suggestions on best course of action here?

Thank you for any help

Fruitcake

Plan A would be a complaint from your sister to the services manager and her MP, stating that she is the vehicle keeper but was not driving at the time. 

If your sister names you as the day to day keeper, or the driver, you could end up in court if you don't then pay the charge.

Did your sister appeal the charge at the time? If not, it is too late for her to appeal now.

Was the NTK PoFA compliant? You can compare it with the PoFA, linked from the NEWBIES,  to determine if the keeper can be held liable or not.

If she doesn't want to deal with this, she can name you as the day to day keeper. You would then be able to make the complaints yourself, without identifying the driver, and/or appealing the charge.

solestik

Fruitcake said:

Plan A would be a complaint from your sister to the services manager and her MP, stating that she is the vehicle keeper but was not driving at the time. 

If your sister names you as the day to day keeper, or the driver, you could end up in court if you don't then pay the charge.

Did your sister appeal the charge at the time? If not, it is too late for her to appeal now.

Was the NTK PoFA compliant? You can compare it with the PoFA, linked from the NEWBIES,  to determine if the keeper can be held liable or not.

If she doesn't want to deal with this, she can name you as the day to day keeper. You would then be able to make the complaints yourself, without identifying the driver, and/or appealing the charge.

She didn't appeal at the time and she's going abroad for a year next month and just isn't interested in dealing with anything like this.

I'll try a complaint written as though it's from her to the services manager. I'll probably just identify myself (again, on her behalf) as the day to day keeper at the time of the "offence" without giving my address away and then if they ever do find me.. ignore them, or state I don't know who was driving at the time & don't harass me again?

Will check the PoFA stuff - thanks.

Fruitcake

If you don't give an address, the charge will revert to your sister and she could return from overseas to find she has a default CCJ against her.

I suggest you set up a throwaway email address and complain as your sister. If you are going to name yourself as day to day keeper, you should do it as if you are your sister, then give your address to save your sister any hassle on her return.

Whether your sister likes it or not, it is her responsibility unless and until she transfers liability.

solestik

Fruitcake said:

If you don't give an address, the charge will revert to your sister and she could return from overseas to find she has a default CCJ against her.

I suggest you set up a throwaway email address and complain as your sister. If you are going to name yourself as day to day keeper, you should give your address to save your sister any hassle on her return.

OK - understood. Will do that instead. Thanks for your help

solestik

Once I receive the charge addressed to myself, I can technically just ignore it for 28 days then deny any knowledge of who was driving?

Umkomaas

There will be a tear-off portion of the NtK for the transfer of liability which you can send off - as if from your sister, not you on her behalf, that won't work. Alternatively, there may be an opportunity to do it via the PPC's website. 

Coupon-mad

solestik said:

Once I receive the charge addressed to myself, I can technically just ignore it for 28 days then deny any knowledge of who was driving?

No. You can't.  They'd revert to the keeper if they have reason to believe she lied.

Do not duck out if this. You could appeal to POPLA if you get a PCN sent to you.  It's defendable although MOTO are now terrible at cancelling so don't hold your breath on the complaint to MOTO working.

This is easy to appeal or defend. Just decide who should be the defendant (probably you) which is NO BIGGIE.

solestik

Coupon-mad said:

solestik said:

Once I receive the charge addressed to myself, I can technically just ignore it for 28 days then deny any knowledge of who was driving?

No. You can't.  They'd revert to the keeper uf they have reason to believe she lied.

Do not duck out if this. You could appeal to POPLA if you get a PCN sent to you.  It's defendable although MOTO are now terrible at cancelling so don't hold your breath on the complaint to MOTO working.

This us easy to appeal or defend. Just decide who should be the defendant (probably you) which is NO BIGGIE.

Got it. Thanks - will set this into motion and give my own details to them via the online process. Will come back once I receive a new PCN in my name etc for best options on appeal/defending it

Coupon-mad

OK. But the transfer of liability must be done by your sister, naming you plus your address.