CP Plus PCN

viviyuriko

Hi all,

I need some advise regarding a PCN I received from CP Plus for parking over 10 hours at MOTO Wetherby, despite having paid £15 for 24-hour parking there. There was no paying machine, I was told to pay at WH Smith till, which I did, and gave my car registration number to the staff. I did not have the receipt, but I have my credit card statement as proof of payment, which shows a transaction of £15 at ‘WH Smith Wetherby’ on the same date as the parking.

I called & emailed MOTO with my CC statement. Despite explaining that I had paid and the incorrect PCN was an error on their side and system, it was such a disappointment that they were unwilling to cancel the PCN and asked me to appeal directly to CP Plus/Group Nexus.

I received the letter on the 02/09/24 which is more than 14 days after the parking date (although no way to proof this). The letter was dated 27/08/24, so assuming I received it on 29/08/24, it is still within the 14-day window.

I have read the newbie forum & the appeal template. My question is, should I forward my CC statement in my appeal to CP Plus? Will including my full details from the bank statement and that I paid for the parking imply that I was the driver, even though I was not? I will make it clear that I was not driving and won’t name the driver. I maybe overthinking, but I got a feeling they will still try to extort money in any way they can.

Thank you for your help.

LDast

The only way that GN would know the identity of the driver is if the Keeper blabs it to them, intentionally or otherwise. Simply reference "the driver" did this or that. None of the type of info you have given away in your OP.

Anyone can pay for the parking. It doesn't have to be the driver. As the Keeper, you could have paid for it whilst you were passenger and someone with your permission was driving. There is no legal obligation for the Keeper to identify the driver and you shouldn't do so.

Is the NtK you received one of the newer attempted PoFA ones or their older ones which are not? There is a thread in the Newbies/FAQ linked to for comparing NtKs to see whether they are PoFA compliant or not. If there isn't one there for a Group Nexus NtK, please show us both sides of the NtK, suitably redacted but showing all dates and times.

viviyuriko

Thank you. The NTK is the PoFA compliant version.

Coupon-mad

It does sound from your account like you were driving but it doesn't matter anyway when the NTK is POFA compliant.

Complain to the Head Office of WH Smith who caused this.

Meanwhile appeal to Group Nexus with a copy of the receipt and ask them to check for a £15 payment made at that time at WH Smith on site, whereby perhaps the staff member miskeyed the VRM. When they find the payment, which they will, you require GN to show you the exact numberplate input (near miss, you assume) and to cancel the PCN because it can only be a keying error.

Don't use the template appeal for this one.

viviyuriko

Thank you. Will do that.

When I called MOTO Wetherby, the site manager did say to me that sometimes, the input was keyed correctly, but the system failed to send the information to the other site.

I am sending a formal complaint to MOTO and WH Smith for the poor handling of the issue. I am also thinking to request a SAR to ask for CCTV footage of myself, that I was there at the till paying for the parking, not buying stuffs. In hindsight I should have ask for the receipt. My CC statement only said 'WH Smith Wetherby', although it is a relief to know from google there is only 1 branch of WH Smith in Wetherby, which is at MOTO Wetherby. Hopefully a prompt resolution once I send the appeal, but just trying to cover all angle if not.