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  • FIRST POST
    • reefergeezer
    • By reefergeezer 13th Mar 18, 12:13 AM
    • 3Posts
    • 0Thanks
    reefergeezer
    Strange wording in Charge Notice
    • #1
    • 13th Mar 18, 12:13 AM
    Strange wording in Charge Notice 13th Mar 18 at 12:13 AM
    Hi all,

    I have read the newbie guide and intend to use the template to appeal against a CP Plus Charge Notice Reminder. However, the wording of their letter states: "...we do not have evidence that a sufficient parking payment was made..."

    Would I be correct in thinking that the onus was on them to prove that I hadn't paid and, secondly, is it worth mentioning in the appeal or should I save that for later?

    I didnt actually pay because I forgot and there were no barriers etc to ensure payment was made before I left so I completely forgot - it happens! However, do they not have to prve that I didnt pay?

    Thanks.
Page 1
    • KeithP
    • By KeithP 13th Mar 18, 12:47 AM
    • 7,240 Posts
    • 6,771 Thanks
    KeithP
    • #2
    • 13th Mar 18, 12:47 AM
    • #2
    • 13th Mar 18, 12:47 AM
    Just send the template appeal from the NEWBIES thread.

    That's all that's needed at this stage.
    .
    • Quentin
    • By Quentin 13th Mar 18, 6:40 AM
    • 35,623 Posts
    • 19,852 Thanks
    Quentin
    • #3
    • 13th Mar 18, 6:40 AM
    • #3
    • 13th Mar 18, 6:40 AM
    Throughout here you are advised never to reveal who was driving

    You need to edit your op to remove details of who was driving

    The ppcs monitor this forum and can use your posts against you
    • The Deep
    • By The Deep 13th Mar 18, 7:58 AM
    • 9,209 Posts
    • 8,980 Thanks
    The Deep
    • #4
    • 13th Mar 18, 7:58 AM
    • #4
    • 13th Mar 18, 7:58 AM
    Would I be correct in thinking that the onus was on them to prove that I hadn't paid

    How do you prove a negative?

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

    Parking Eye, CPM, Smart, and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.
    Last edited by The Deep; 13-03-2018 at 8:01 AM.
    You never know how far you can go until you go too far.
    • fisherjim
    • By fisherjim 13th Mar 18, 8:54 AM
    • 2,907 Posts
    • 4,416 Thanks
    fisherjim
    • #5
    • 13th Mar 18, 8:54 AM
    • #5
    • 13th Mar 18, 8:54 AM
    However, the wording of their letter states: "...we do not have evidence that a sufficient parking payment was made..."

    Would I be correct in thinking that the onus was on them to prove that I hadn't paid and, secondly, is it worth mentioning in the appeal or should I save that for later?

    I didnt actually pay because I forgot and there were no barriers etc to ensure payment was made before I left so I completely forgot - it happens! However, do they not have to prve that I didnt pay?

    Thanks.
    Originally posted by reefergeezer
    Quite simple for them if this was an ANPR controlled car park, they will have the car's vrn entering and leaving, and the driver has to put the cars vrn into the pay machine, they match the two up.

    As for forgetting do you forget to pay when you walk out of a shop because there are no barriers?

    Be that as it may the newbies thread has all you need to know.
    • reefergeezer
    • By reefergeezer 18th Mar 18, 1:48 AM
    • 3 Posts
    • 0 Thanks
    reefergeezer
    • #6
    • 18th Mar 18, 1:48 AM
    • #6
    • 18th Mar 18, 1:48 AM
    Quite simple for them if this was an ANPR controlled car park, they will have the car's vrn entering and leaving, and the driver has to put the cars vrn into the pay machine, they match the two up.

    As for forgetting do you forget to pay when you walk out of a shop because there are no barriers?

    .
    Originally posted by fisherjim
    Thanks for explaining the ANPR/payment process link.

    The norm is not for shops to have barriers at the pint of exit to ensure payment, so no, I dont forget to pay in shops. However, when using a paid car park, I do expect a barrier which requests a paid-for ticket and hence acts as a reminder to pay.

    • Coupon-mad
    • By Coupon-mad 18th Mar 18, 3:12 PM
    • 57,564 Posts
    • 71,125 Thanks
    Coupon-mad
    • #7
    • 18th Mar 18, 3:12 PM
    • #7
    • 18th Mar 18, 3:12 PM
    Luckily, as long as you don't use the words 'prove I hadn't paid', this is CP Plus piece of trash is laughably easy to win at POPLA, for a registered keeper who uses the template appeals from the NEWBIES thread, and never says who was driving.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Guys Dad
    • By Guys Dad 18th Mar 18, 3:58 PM
    • 10,460 Posts
    • 9,747 Thanks
    Guys Dad
    • #8
    • 18th Mar 18, 3:58 PM
    • #8
    • 18th Mar 18, 3:58 PM
    Thanks for explaining the ANPR/payment process link.

    The norm is not for shops to have barriers at the pint of exit to ensure payment, so no, I dont forget to pay in shops. However, when using a paid car park, I do expect a barrier which requests a paid-for ticket and hence acts as a reminder to pay.

    Originally posted by reefergeezer
    Then you have very little experience of the variety of car parks in the UK. Just read a few relevant threads on here.
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