Author Topic: Parking Charge - CP Plus Limited -  (Read 120 times)

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Bz777

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Parking Charge - CP Plus Limited -
« on: June 10, 2024, 09:29:00 pm »
Hello,

So recently I was unfortunate to receive two PCNs (in the space of one month) from CP Plus Limited (Group Nexus) for overstaying the parking at the Gallagher Retail Park by approx 30 minutes. I hadn't known about the online forums and this website before writing my appeal to "appeal@appealpcn.co.uk". In the appeal for the first one, I just explained my personal reasons of me overstaying and requested them to waive the fee. The second PCN appeal emailed referred to my first appeal and I again requested to waive it.

The email response I received from them for the first PCN appeal included:

"The representations stated in your correspondence have been noted and considered. 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 Charge on hold for 14 days from the date of this email to allow you to provide the details requested."


However, after doing some research on this forum and online, I realised couple of things:

- My first PCN was issued 21 days after the incident
- There are no clear signs near where I parked stating that there's a maximum free parking limitations at the car park.

I suppose that providing my full name and address as a reply is not the best thing to do here.

Anyone have any suggestions how I can deal with them from here on to avoid paying the penalty?

Thank you

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DWMB2

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Re: Parking Charge - CP Plus Limited -
« Reply #1 on: June 10, 2024, 09:31:07 pm »
To help us to help you, please read the following thread carefully and provide the information it asks for - READ THIS FIRST - Private Parking Charges Forum guide.

In addition, we could do with seeing exactly what was submitted in your appeals.

Bz777

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Re: Parking Charge - CP Plus Limited -
« Reply #2 on: June 11, 2024, 12:55:21 am »
Hi, thank you for the link regarding posting guidlines.

As per the request, I am sharing my appeal email (please find attached image). [Please note, this appeal was written before I ever viewed forums or read any information about appeal templates on the web.]

« Last Edit: June 11, 2024, 09:22:20 am by DWMB2 »

b789

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Re: Parking Charge - CP Plus Limited -
« Reply #3 on: June 11, 2024, 01:12:41 am »
If they’re asking for the full name and address of the driver, that possibly means you did not give away that information. Did you tick any boxes or anything on their website to indicate that the keeper was also the driver?

When you state that the PCN was “issued”. 21 days after the alleged breach of contract, are you referring to an “issue” date on the NtK you received or do you just mean that you didn’t receive it until 21 days after the event?

Please show us the NtK. We do not need to see any reminders, just the original.

Whatever you do, you do not give away the drivers details, especially as GroupNexus often issue NtKs that are not PoFA compliant. These are considered to be “golden tickets” as long as the keeper doesn’t blab the identity of who was driving.
« Last Edit: June 11, 2024, 01:14:40 am by b789 »
Why have we never see the headline "Psychic wins the lottery"?

Bz777

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Re: Parking Charge - CP Plus Limited -
« Reply #4 on: June 11, 2024, 02:04:08 am »
I don't think I ticked any boxes regaridng driver name or identity on their website before submitting the appeal, but I can't be 100% sure of that.

The letter for the first PCN (please see attached image) which I received through the letter was issued on the 2nd May (02/05), while the overstayed parking incident happened on the 11th April (11/04), as you can find from the image in the box on the right hand side.

The second PCN letter I received is very similar, except that the event (my alleged over-parking) happened on the 10th May (10/05) and the date of issue was 23rd May (23/05).

« Last Edit: June 11, 2024, 09:21:55 am by DWMB2 »

Bz777

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Re: Parking Charge - CP Plus Limited -
« Reply #5 on: June 11, 2024, 02:10:29 am »
[Just checking... are you able to view the images that I'm attaching to my message replies?]

b789

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Re: Parking Charge - CP Plus Limited -
« Reply #6 on: June 11, 2024, 09:09:35 am »
We cannot see the images because you have not included all the necessary BBCode. All we see is  "[/img]"

However, according to the dates you have stated, the NtKs are not PoFA compliant. What that means is that, GN cannot transfer the liability for the PCN from the unknown driver to the known keeper. The unknown driver is always liable but if they are unknown, there is nothing they can do. Catch 22 for GN.

It is too late to do anything about the first PCN and you will have to wait and see if they issue you with a POPLA code. If they don't, you complain to them and then to the BPA.

For the second PCN, you are probably still in time to appeal and you should send them the following:

Quote
This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

As long as you do not reveal the identity of the driver, there cannot be any liability to you as the keeper.



Why have we never see the headline "Psychic wins the lottery"?
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DWMB2

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Re: Parking Charge - CP Plus Limited -
« Reply #7 on: June 11, 2024, 09:23:17 am »
I've fixed the images for you - you'd managed to add two sets of "Img" tags to each, which had stopped them displaying properly.

b789

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Re: Parking Charge - CP Plus Limited -
« Reply #8 on: June 11, 2024, 09:34:23 am »
As expected, they are not relying on PoFA. They are solely relying on you being ignorant of the law. However, now that we can see your initial appeal, you have given away the fact that you were the driver. You are now the known driver and liable for the PCN.

If you haven't yet appealed the second NtK, then just use the wording I gave you earlier. Next time you ever get a PCN, do not blab about who was driving.

The problem you now have with the first NtK is how can you get it cancelled. If they do give you a POPLA code, you cannot rely on the fact that it is not PoFA compliant because that only applies if they don't know the identity of the driver. It is fairly obvious in your first appeal that you gave them that info on a platter.
Why have we never see the headline "Psychic wins the lottery"?
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Bz777

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Re: Parking Charge - CP Plus Limited -
« Reply #9 on: June 11, 2024, 12:45:43 pm »
Thank you for fixing the images, I did try the BBCode link method, but I must have messed up somewhere.

Speaking of messed up, I did mess up with the first appeal as you have stated. And my second PCN appeal email mentioned I am the same person from before and again requested for them to kindly waive the fee.

So as of now, the only response I have received (on 03/06) is for the first appeal asking for my name and address and mentioning "We are placing this Charge on hold for 14 days from the date of this email to allow you to provide the details requested."

What would your advice be here for the first appeal?...
- Don't reply and wait for the POPLA code?
- Reply by saying that I will not provide that information and they can send me my POPLA code?
- Reply and provide the information and wait for the verdict and potentially end up making the payment.
- Just get this over and done with now and pay the £120 for the 2 PCNs?

I assume they will ask for the same thing if they respond to second PCN appeal.

Bz777

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Re: Parking Charge - CP Plus Limited -
« Reply #10 on: June 14, 2024, 10:13:33 pm »
Hi all. Happy Friday. Any advice for this by any chance? Thank you in advance

DWMB2

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Re: Parking Charge - CP Plus Limited -
« Reply #11 on: June 16, 2024, 09:36:25 pm »
And my second PCN appeal email mentioned I am the same person from before and again requested for them to kindly waive the fee.
What exactly did you say in this appeal?

Bz777

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Re: Parking Charge - CP Plus Limited -
« Reply #12 on: Yesterday at 07:21:38 pm »
Hello, apologies for the late reply. Please find attached image as my appeal email to my second PCN. Again, I was not aware of adviced appeal formats and forums before sending this.

« Last Edit: Yesterday at 07:24:54 pm by Bz777 »

Bz777

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Re: Parking Charge - CP Plus Limited -
« Reply #13 on: Yesterday at 07:22:56 pm »
I'm not sure if you are able to view the image I attached this time around also. If the moderator could help fix maybe? Thank you