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  • FIRST POST
    • Big Tav
    • By Big Tav 4th Sep 18, 11:25 PM
    • 8Posts
    • 4Thanks
    Big Tav
    CP Plus Charge - Company Car Based in Scotland Fined in England!
    • #1
    • 4th Sep 18, 11:25 PM
    CP Plus Charge - Company Car Based in Scotland Fined in England! 4th Sep 18 at 11:25 PM
    Hi everyone,

    I am hoping someone can help please.

    I have read through all of the posts and I am still confused as what to do.

    I drive a company car and we are based in Scotland. I was at a motorway services in England and overstayed by 30 minutes (even though I had no idea there was a charge!).

    It took then 25 days to send the charge to my work and I have only received at copy of it on the 23/8/18. It has photo's of the vehicle but you can't see any driver.

    I know there are different rules for Scotland and England. What happens if I am based in Scotland but fined in England?

    I read the part in the Newbies section about Company cars. My work hasn't named me as the driver just forwarded me the Invoice.

    I looked at the appeals online page and it is asking for my name and address. Not sure if I am meant to fill that in or not.

    Can anyone please help me?
    Last edited by Big Tav; 04-09-2018 at 11:28 PM.
Page 1
    • Coupon-mad
    • By Coupon-mad 4th Sep 18, 11:27 PM
    • 64,896 Posts
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    Coupon-mad
    • #2
    • 4th Sep 18, 11:27 PM
    • #2
    • 4th Sep 18, 11:27 PM
    Fill in your name and address, and if you only have a choice of 'driver' or 'keeper' then you can validly choose the latter because you were the keeper that day (you are not the registered keeper but that's not the same thing).

    Submit Edna Basher's hirer appeal - NO saying who was driving - and watch CP Plus cancel.

    • Big Tav
    • By Big Tav 4th Sep 18, 11:35 PM
    • 8 Posts
    • 4 Thanks
    Big Tav
    • #3
    • 4th Sep 18, 11:35 PM
    • #3
    • 4th Sep 18, 11:35 PM
    Hi Coupon Mad,

    Thanks for the quick reply. The appeal page doesn't ask if I am the driver or keeper. It just asked for my name and email and my reason for the appeal.

    I was just going to select "Other" then cut and paste Edna's letter. Is that right?

    I was hoping it would be ignore it since I am in Scotland but since the charge is from England it might not be as easy right?
    • Coupon-mad
    • By Coupon-mad 4th Sep 18, 11:40 PM
    • 64,896 Posts
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    Coupon-mad
    • #4
    • 4th Sep 18, 11:40 PM
    • #4
    • 4th Sep 18, 11:40 PM
    It's better to kill it if you can - and CP Plus do fold when they see the template, or will offer you POPLA (as the land was in England) and a hirer has a slam dunk 100% win awaiting them at POPLA, with the right words.
    • Big Tav
    • By Big Tav 4th Sep 18, 11:49 PM
    • 8 Posts
    • 4 Thanks
    Big Tav
    • #5
    • 4th Sep 18, 11:49 PM
    • #5
    • 4th Sep 18, 11:49 PM
    Cheers for that. So should I put my name in the appeal of the company name as it appears on the invoice?

    In Edna's letter it says:
    "Although the PCN states the reason for issue as "overstay", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for Topher Ltd to expect us to pay this charge."

    They have provided a photo of the vehicle entering and leaving after 2.5 hours.
    Last edited by Big Tav; 04-09-2018 at 11:56 PM.
    • Coupon-mad
    • By Coupon-mad 5th Sep 18, 12:22 AM
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    Coupon-mad
    • #6
    • 5th Sep 18, 12:22 AM
    • #6
    • 5th Sep 18, 12:22 AM
    Only fill in your company name if you have their authority to appeal as them (i.e. if you are a Director of the firm, own it, have full authority to appeal as the company, etc).

    If not, put in your name & address, and amend the template and talk about yourself as an individual who has been passed the notice to appeal.

    Why not show us your draft so we can comment first?

    Ideally the company should name you (and give your address for service) as the hirer/lessee, and return the 'transfer of liability' form. Any chance they would?

    That is NOT naming you as the DRIVER, note the vital difference.
    • Big Tav
    • By Big Tav 5th Sep 18, 12:59 AM
    • 8 Posts
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    Big Tav
    • #7
    • 5th Sep 18, 12:59 AM
    • #7
    • 5th Sep 18, 12:59 AM
    Will this do the job?

    Dear Sir,

    Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

    I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by CP Plus Limited (“CP Plus”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

    You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why CP Plus’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

    Given that CP Plus has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

    Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


    Yours faithfully,
    • Coupon-mad
    • By Coupon-mad 5th Sep 18, 5:15 PM
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    Coupon-mad
    • #8
    • 5th Sep 18, 5:15 PM
    • #8
    • 5th Sep 18, 5:15 PM
    They haven't actually sent you a NTH yet, so if your company WILL NOT do the better thing (for them and you) of naming you and giving your address on the 'Transfer of Liability' form...PLEASE ASK THEM, THAT IS BETTER FOR ALL OF YOU!

    ... then you will have to contact CP Plus and just change the above:

    I refer to the above-detailed Parking Charge Notice (PCN) issued to the company I work for - (name YOUR company here!).

    I confirm that I am an authorised hirer/lessee of the company vehicle, and on the material date I was its 'keeper' for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 ('the POFA') and I write to formally challenge the validity of this PCN.

    You will no doubt be familiar with the strict requirements of Schedule 4 of the POFA to be followed in order for a parking operator to be able to invoke keeper/hirer liability for a Parking Charge. There are a number of reasons why your Notice to Hirers (even if you now send one to me as well as considering his appeal) do not comply with POFA. In order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.
    • Big Tav
    • By Big Tav 19th Sep 18, 9:50 PM
    • 8 Posts
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    Big Tav
    • #9
    • 19th Sep 18, 9:50 PM
    • #9
    • 19th Sep 18, 9:50 PM
    Here is the response I got today. What is my next reply?

    Dear Sir/Madam

    Thank you for your correspondence relating to your Parking Charge Notice (PCN), the contents of which have been noted.

    The Notice in question was issued without invoking the Protection of Freedoms Act.

    In accordance with the DVLA and BPA rules, PCNs can be issued up to seven months from the date of the parking contravention.

    We apologise the Notice was not received in a timely manner, and whilst we appreciate that this Notice was issued later than the BPA AOS guidelines, such occurrences can occur due to a number of reasons, such as delays in receiving keeper information or a delay in data processing.

    Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.

    We are placing this Notice on hold for 14 days from the date of this email to allow you to provide the details requested.

    Yours faithfully,


    CP Plus Ltd
    • KeithP
    • By KeithP 19th Sep 18, 9:57 PM
    • 11,319 Posts
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    KeithP
    What is my next reply?
    Originally posted by Big Tav
    Ignore it.

    They want the driver's details and you are not going to tell them.

    Wait for their next letter.
    .
    • Coupon-mad
    • By Coupon-mad 19th Sep 18, 10:01 PM
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    Coupon-mad
    I would in fact reply and say the driver will not be divulged, but you are the lessee/hirer of the car and have authority from xxxxxx firm to appeal.

    So, tell them, they need to send you a POPLA code, or cancel because without the POFA, they cannot hold a hirer/lessee liable, let alone the registered keeper firm.
    • Big Tav
    • By Big Tav 21st Sep 18, 12:43 PM
    • 8 Posts
    • 4 Thanks
    Big Tav
    Is this enough?

    Thanks for the email. I am the lessee/hirer of the car and have authority from xxxxxxx to appeal this charge. The name and address of the driver will not be divulged.

    Please send me a POPLA code asap or I request that this charge be cancelled asap.

    I look forward to your reply.

    Many thanks,
    • DoaM
    • By DoaM 21st Sep 18, 1:06 PM
    • 5,725 Posts
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    DoaM
    Please either issue a POPLA code or cancel the PCN at your earliest opportunity, in any event no later than 35 days from the date of my initial appeal (in accordance with BPA requirements).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Big Tav
    • By Big Tav 13th Oct 18, 8:57 AM
    • 8 Posts
    • 4 Thanks
    Big Tav
    I won! Thanks for the help!

    Thank you for your correspondence relating to your Parking Charge Notice (PCN).

    Further to your representations, we have investigated your claims and can confirm that your Notice has subsequently been cancelled in full and no further action will be taken.


    Yours faithfully,

    CP PLUS LIMITED
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