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Strange wording in Charge Notice

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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.

Comments

  • KeithP
    KeithP Posts: 37,638 Forumite
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    Just send the template appeal from the NEWBIES thread.

    That's all that's needed at this stage.
  • Quentin
    Quentin Posts: 40,405 Forumite
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    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
    The_Deep Posts: 16,830 Forumite
    edited 13 March 2018 at 9:01AM
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    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.
    You never know how far you can go until you go too far.
  • fisherjim
    fisherjim Posts: 6,033 Forumite
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    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.

    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
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    fisherjim wrote: »
    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?

    .

    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
    Coupon-mad Posts: 131,669 Forumite
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    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 DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    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.

    ;)

    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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