CP plus Parking Charge

Puddle0481

I've received a parking charge letter via post from CP plus for £100 for not paying for parking in St. Peters Retail Park in Mansfield. The letter states I stayed for 1hr and 3mins and exceeded the free 45 mins. I've read the newbie forum and was going to use the template but wanted to ask if it was appropriate as the letter already includes ANPR photos of my car and states the time of entry and exit. I believe the letter is a NTK and includes the BPA POFA correct working wording. I received the letter a week after is stated it was issued and therefore the 14 days has already passed for reduced payment of £60. The reason for my overstay and not buying a ticket is simply that I didn't intend to stay very long but my 18 month old son was asleep I'm the car so I waited before going into the shops. I only ever nip into the shops so didn't even think about getting a ticket. Having been back to the cat park the notices that detail the parking £100 charge are very high up and hard to read. There's no mention of the charge at the ticket machine and there's no mention of a landowners grace period. I can't find the contact details to complain directly to the landowner. Shall I just use the yemplate provided and leave out the part about asking them for evidence of time spent there? What is my best course of action? £100 charge for an overstay of 18 mins is ridiculous! 

Coupon-mad

As it is a retail park, it should be simple to find out which property agent runs it. There will be a sign at the entrance (not CP Plus' sign).

Car1980

Yep. You wont get anywhere with any of the "appeals" options offered for those circumstances, so if the landowner approach fails, CP Plus cases tend to got to DCB Legal for a county court claim, which will eventually be discontinued before going anywhere near a court room.

Puddle0481

Thanks for the feedback. I'll go back and check out the sign. I think it might be either British Land PLC or Broadgate estates... it's not clear online once you get past the AI overview answer! So, if I don't get anywhere with the landowner should I just ignore the letter and wait until they try and take me to court?

Puddle0481

Also... are there any templates available for complaining to the land owner? Sorry if I've missed them

Coupon-mad

No. But there is an entire thread about it.

Le_Kirk

Puddle0481 said:

Thanks for the feedback. I'll go back and check out the sign. I think it might be either British Land PLC or Broadgate estates... it's not clear online once you get past the AI overview answer! So, if I don't get anywhere with the landowner should I just ignore the letter and wait until they try and take me to court?

That is what I have discovered and checking Broadgate Estates takes you to British Land with contacts below: -

Head Office: 
York House
45 Seymour Street
London
W1H 7LX

General enquiries:
Tel: 020 7486 4466
info@britishland.com

Internetwork25

I got a PCN for the same car park! Very unclear around permitted stays particularly on a Sunday.

Did you end up getting anywhere with complaining to the landowner?

Puddle0481

Hi
I got nowhere with the landowner (no reply) or with the retailer (did reply but said nothing to do with them). I therefore wrote an appeal to the CP Plus, who replied saying they'd reconsider if I provided evidence of shopping. I sent a receipt thinking it would conclude the matter and now they've sent a final decision saying all their signage is clear but on this occasion they will reduce the fine to £20. So even though it would seem just easy to take that, I'm still going to appeal to POPLA 

Puddle0481

After some advice please... having looked through some other threads I'm wondering if I appropriate grounds to appeal to POPLA or should I just await court claim from CP? This was my original appeal to CP and their responses...


To whom it may concern,
I have received your Parking Charge date xx/xx/25 (but received xx/xx/25) for VRN xxxxx , Ref No. Xxxxx The registered keeper cannot be presumed to have been, nor pursued as the driver. As the keeper, I am under no legal obligation to identify the driver and I shall not be doing so. I believe this charge is unenforceable and should be cancelled for the following reasons:

* Inadequate and Obscured Signage: The signage for the parking restrictions at this location are inadequate and fails to meet the standards of clarity required by the British Parking Association (BPA) Code of Practice. Upon entering the car park, there is no sign stating the parking charge. The few signs that do detail the charges are well above eye line to easily read, are incredibly small in print and white text of grey background, making them very hard to read. There is no mention of £100 charge at the pay stations and no mention of a landowner’s grace period. This lack of clear and prominent signage means no contract was formed, as the terms were not communicated effectively.

* Unreasonable and Profiteering charge: The charge of £100 for an 18-minute overstay is wholly unreasonable. It is clear that the driver’s failure to purchase a ticket was not to excessively use the facilities available while ignoring the parking fees. Their visit was for the legitimate use of the facilities onsite and due to unforeseen circumstance, including having to tend to a sick toddler, their stay was longer than expected. An offer to pay the missed parking charges should be the first option available rather than an exuberant charge. It does not reflect any genuine loss to CP Plus Ltd or the landowner.

I reserve my right not to identify the driver and ask that you cancel the PCN immediately or, if you refuse to do so, send me a POPLA code in order that I may make my representations there. I must inform you that I may claim my expenses from you and my time at the court hourly rate. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

I am making representations to Home Bargains & British Land Plc to have the penalty charge revoked. Complaints are also being prepared to submit to the BPA and DVLA. I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours faithfully,


CP 1st response (to which I replied with a receipt)

Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge.

The representations stated in your correspondence have been noted and considered. 

In light of your claims, we are prepared to reconsider the status of this Charge should we receive evidence of your custom at the site on the date in question. However, until such time as this evidence is received this Charge will continue to remain outstanding.

We are placing this Charge on hold for 14 days from the date of this letter to allow time for the documentation requested to be received.

Yours faithfully,

CP PLUS LTD.


CP 2nd response
 
Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge.

The Charge was issued and the signage is displayed in compliance with The Private Parking Sector Single Code of Practice and all relevant laws and regulations. Clear signs at the entrance of this site and throughout inform drivers of the need to pay for any stay exceeding 45 minutes, and it is not possible to access any part of the premises without passing multiple signs. Clear signs throughout this site advise drivers how to pay the parking fee by phone or online if you were unable to pay at the machines on site. In light of this, on this occasion, your representations have been carefully considered and rejected.

In accordance with Annex F of the Single Code of Practice, which states that “parking operators must recognise…mitigating circumstances warranting a reduction in the amount of the parking charge…where the vehicle would have been permitted…but the driver failed to enter their registration into a terminal/device”, on this occasion only we will accept the reduced amount of £20 in full settlement of this Charge to cover our costs in correctly issuing this Charge and we will hold the charge at this rate for 14 days from the date of this correspondence. If no payment is received within this period, and no further appeal to POPLA is made, the Charge will escalate and further costs may be added. Should you appeal to POPLA, and your appeal is rejected for any reason, you will also lose your right to pay at the reduced rate.

Please ensure that you pay on future visits to the site.

----------

You have now reached the end of our internal appeals procedure. This correspondence represents our final stance on the matter and we will therefore not enter into any further correspondence.

CORRESPONDENCE RECEIVED FOLLOWING THE REJECTION OF AN APPEAL WILL NOT CHANGE THE OUTCOME OR EXTEND THE DATE IN WHICH PAYMENT SHOULD BE MADE.

Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.

Your POPLA reference number is (please note this reference is for use only when appealing to POPLA):xxxxxx 

Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you will no longer qualify for payment at the reduced rate. POPLA will not consider any cases where payment has been made. You must pay the charge or appeal to POPLA, you cannot do both.

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

Yours faithfully,

Puddle0481

@Car1980 @Coupon-mad are you able to offer any advice on this please?