Hi there,
I have recently received this bailiff letter, just wondering what I can do next to make this go away?
Thanks in advance
what I can do next to make this go away?
Very little will make it 'go away' - CP Plus can be litigious. To see what sort of chance you might have of defending the matter, we'll need far more details, including a copy of the original notice, signage at the site, and some details of what happened to lead to the charge being issued.
signage at the site, and some details of what happened to lead to the charge being issued.
Anything on the above?
Additionally, have you submitted any sort of appeal?
I dont have any signage from the site, but I can go there and take some pictures. They have said that I was parked longer than the 3hrs allowed and no I did not appeal.
I was parked longer than the 3hrs allowed and no I did not appeal.
Any legitimate reason for the overstay?
There are essentially a few avenues that can be explored when deciding if/how to challenge a private parking charge:
- 'Meritorious' defences: These are essentially any legitimate reasons why the charge is not owed by either the driver or keeper. For example, the parking company alleges that the driver didn't purchase a ticket, but he did and has evidence of this, or the parking company alleges the driver stayed longer than allowed, but he didn't and has evidence of this, etc. From what you've posted so far nothing indicates such a defence, hence my question above.
- Deficient signage: These are arguments around the signage at the site. They can be that the signage wasn't sufficiently prominent and/or legible, such that a reasonable and observant motorist would not spot them and therefore be aware they were potentially being bound by them. They could also be that the terms and conditions did not create a contract (e.g. signs that say 'No Parking'). We of course need to see these to advise.
- Lack of Keeper liability - Protection of Freedoms Act: These arguments are somewhat technical, and relate to whether the notice issued by the parking company complies with the requirements for them to be able to hold the registered keeper liable for the charge. In this case, CP appear to have complied, so this is a non-starter.
I can't see much/anything from what you've posted so far that would amount to a defence, but we don't have enough information yet to rule out #1 and #2.
