We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
CPPLUS Late notification of charge notice for overstay
Options
callen06
Posts: 1 Newbie
Hello I am really sorry if the answer is already in the threads I guess it must be frustrating to have repetitive questions but if anybody can help a very stressed and frazzled non-techi Mum :-) I think I have my appeal answer from another thread which I have added at the end of this post but I am suffering newbie nerves
SITUATION
CPPLUS issued on the 26/03 a charge notice for £100 dated on the 23/12/17 in a retail park for a 5hr 23mins stay. This has two photos of a car exiting and entering the car park.
It was sent second class and was received at home on the 04th April but not opened by the addressee (the keeper but not the driver) until the 09th April as they were away. To their recollection this was for two separate visits so should not be in breach.
A strong appeal is wanted to be made as :-
1) timeframes as too long between the 'incident' and charge notice and do not give sufficient grounds for appeal (no receipts or evidence kept). It is felt it is very abusive to have a charge levied with such a delay.
2) The letter states : 'we will accept the reduced some of £50 if payment is received within 14 days i.e. before 09/04/2018 so according to the date of receipt that leaves only 6 days to pay the reduced amount (even though due to Easter the Keeper only opened the letter yesterday)! Not giving a fair enough time to pay the reduced amount.
IS THIS MY APPEAL ANSWER TO CPPLUS? ANYTHING ELSE IS SHOULD ADD OR DO?
POFA requires that in order to make use of the provision to pursue the registered keeper (if the driver does not pay the sum demanded) that they must send a Notice to Keeper within 14 days (counting the day you parked - 24 April - as Day 0) - para 9, Schedule 4, Protection of Freedoms Act 2012. From that perspective they have failed and should they persist in chasing you for the debt (as the keeper) they may be liable to a claim of harassment.
As members of the British Parking Association Approved Operators Scheme they have also failed to comply with the Code of Practice and to top things off have made, arguably, improper use of DVLA data which is implicitly supplied to enable CPPLUS to follow the law.
That should be an email of complaint to: [EMAIL="Steve.C@britishparking.co.uk"]Steve.C@britishparking.co.uk[/EMAIL] and then one to [EMAIL="elizabeth.symons@dvla.gsi.gov.uk"]elizabeth.symons@dvla.gsi.gov.uk[/EMAIL]. Make sure that Steve Clark at the BPA is copied in to your complaint to the DVLA.
Thanks a million to anyone who can help
SITUATION
CPPLUS issued on the 26/03 a charge notice for £100 dated on the 23/12/17 in a retail park for a 5hr 23mins stay. This has two photos of a car exiting and entering the car park.
It was sent second class and was received at home on the 04th April but not opened by the addressee (the keeper but not the driver) until the 09th April as they were away. To their recollection this was for two separate visits so should not be in breach.
A strong appeal is wanted to be made as :-
1) timeframes as too long between the 'incident' and charge notice and do not give sufficient grounds for appeal (no receipts or evidence kept). It is felt it is very abusive to have a charge levied with such a delay.
2) The letter states : 'we will accept the reduced some of £50 if payment is received within 14 days i.e. before 09/04/2018 so according to the date of receipt that leaves only 6 days to pay the reduced amount (even though due to Easter the Keeper only opened the letter yesterday)! Not giving a fair enough time to pay the reduced amount.
IS THIS MY APPEAL ANSWER TO CPPLUS? ANYTHING ELSE IS SHOULD ADD OR DO?
POFA requires that in order to make use of the provision to pursue the registered keeper (if the driver does not pay the sum demanded) that they must send a Notice to Keeper within 14 days (counting the day you parked - 24 April - as Day 0) - para 9, Schedule 4, Protection of Freedoms Act 2012. From that perspective they have failed and should they persist in chasing you for the debt (as the keeper) they may be liable to a claim of harassment.
As members of the British Parking Association Approved Operators Scheme they have also failed to comply with the Code of Practice and to top things off have made, arguably, improper use of DVLA data which is implicitly supplied to enable CPPLUS to follow the law.
That should be an email of complaint to: [EMAIL="Steve.C@britishparking.co.uk"]Steve.C@britishparking.co.uk[/EMAIL] and then one to [EMAIL="elizabeth.symons@dvla.gsi.gov.uk"]elizabeth.symons@dvla.gsi.gov.uk[/EMAIL]. Make sure that Steve Clark at the BPA is copied in to your complaint to the DVLA.
Thanks a million to anyone who can help
0
Comments
-
Have you read the NEWBEIS thread? Its stuck about 3 threads down on the first page.
There is a template tehre.0 -
Please read http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted.
In particular, section 9 beginning "9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met."
Don't be put off by the legal wording. Basically it says that the Registered Keeper can not be held liable if a charge relying on ANPR is not in the RK's hands within 15 days. But you have to be very careful not to say who was driving, so no "I" or "me", just use "the keeper" and "the driver" as appropriate
The 23rd December to the 26th March of the year following is way outside that timescale.
That will be your winning appeal point - you don't need any other as long as
(a) the PPC is not claiming to have stuck a windscreen ticket on your car and it is a charge based solely on photographic (usually ANPR) evidence
(b)..and this is vital - you do not admit who was driving. If you do, you can forget the "golden ticket appeal" I have just outlined.
Search this forum for "out of time" for other threads similar to yours.
Some regulars will advise keeping this appeal point till your appeal to the "independent" appeal service (POPLA or IAS) and use the initial blue appeal template first to the PPC. That should work as well, but I believe in trying to get things killed as quickly as possible, si I have previously used the out of time route from square one and got the ticket squashed asap.
But do follow one or the other suggestions .0 -
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and another 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 lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
Hospital car parks and residential complex tickets have been especially mentioned.
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 they will be out of business by Christmas.You never know how far you can go until you go too far.0 -
Obviously ''no keeper liability'' wins all CP Plus cases. Do not write as the driver!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350.7K Banking & Borrowing
- 253K Reduce Debt & Boost Income
- 453.4K Spending & Discounts
- 243.6K Work, Benefits & Business
- 598.4K Mortgages, Homes & Bills
- 176.8K Life & Family
- 256.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards