Free Traffic Legal Advice

Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge.

The Charge was issued and the signage is displayed in compliance with The Private Parking Sector Single Code of Practice and all relevant laws and regulations. Clear signs at the entrance of this site and throughout inform drivers that the maximum stay at this site is 3 hours between 8:00-22:00 with the option to extend with payment up to 5 hours. Please note that payment for parking is required outside of these times, and it is not possible to access any part of the premises without passing multiple signs.  In light of this, on this occasion, your representations have been carefully considered and rejected.

In accordance with Annex F of the Single Code of Practice, which states that “parking operators must recognise…mitigating circumstances warranting a reduction in the amount of the parking charge…where the vehicle would have been permitted…but the driver failed to enter their registration into a terminal/device”, on this occasion only we will accept the reduced amount of £20 in full settlement of this Charge to cover our costs in correctly issuing this Charge and we will hold the charge at this rate for 14 days from the date of this correspondence. If no payment is received within this period, and no further appeal to POPLA is made, the Charge will escalate and further costs may be added.


Please ensure that you comply with the Terms and Conditions on future visits to the site.

 

Please find below the payment options:

Online: www.groupnexus.co.uk/pcn

By Telephone: Credit/Debit cards via our automated payment line: 0844 371 8784

By Post: Cheques or Postal Orders to: PO Box 1750, Northampton, NN1 9PN

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You have now reached the end of our internal appeals procedure. This correspondence represents our final stance on the matter and we will therefore not enter into any further correspondence.


CORRESPONDENCE RECEIVED FOLLOWING THE REJECTION OF AN APPEAL WILL NOT CHANGE THE OUTCOME OR EXTEND THE DATE IN WHICH PAYMENT SHOULD BE MADE.

Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter.  POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge.  To appeal to POPLA, please go to their website http://www.popla.co.uk and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.

 

Your POPLA reference number is (please note this reference is for use only when appealing to POPLA): xxxxxxxxxxx

 

Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you will no longer qualify for payment at the reduced rate. POPLA will not consider any cases where payment has been made. You must pay the charge or appeal to POPLA, you cannot do both.

 

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal.  However, we have not chosen to participate in their alternative dispute resolution service.  As such should you wish to appeal then you must do so to POPLA, as explained above.

Yours faithfully,
CP Plus Ltd

Dear Sir/Madam,

I acknowledge receipt of your correspondence.

I would point out that you have not considered the following points:

    Your statement that "Clear signs at the entrance of this site and throughout inform drivers that the maximum stay at this site is 3 hours..." is not correct as
        There are no signs where the vehicle was parked (or within 8 parking spaces) nor at the entrance to the store visited. 
        The sign at the entrance to the site is easily obsured by vehicles leaving the site
        The print on the signs that do exist is so small that it is difficult to read without a zoom lens which makes it doubly difficult for elderly visitors
    it is unreasonable to expect any customer of a store spending several hundred Pounds would willfully ignore such signs.
    The helpline number 02074314001 is unmanned therefore causing more stress and anxiety

Therefore the charge is clearly unfair and unreasonable and I believe any court in England would agree with me.

Nevertheless, without any admission of liability or prejudice to my rights, I would consider making a payment of £10 purely as a nuisance payment in light of my age and difficulty/stress in dealing with the matter.

Out of interest, what would you do if they reject that offer?