CP Plus penalty

[thedonbran]

Hi

Had a letter from CP Plus about staying in one of their car parks 45 mins over the maximum time limit.

The letter was addressed and issued to the wrong name (basically they've missed a letter off my first name).

I used their online submission form to say they'd sent their penalty notice to the wrong name and they've emailed me to ask for the full name and address of the driver at the time the offence occurred.

Should I now email back using the Schedule 4 of The Protection Of Freedoms Act 2012 template? Or has my goose been cooked by using their submission form?

Thanks in advance.
TDB

[PallasAthena]

Hopefully one of the experts will be along soon to advise but in the meantime do nothing and NEVER tell them who the driver was. If you tell them you were the driver you give away valuable POFA rights.

A minor point, but these companies send their letters to the name and address shown on the vehicle's V5C registration document ('log book'). They get that information directly from the DVLA in Swansea. Is it possible that your first name is mispelt on the V5C so the DVLA records are holding the wrong spelling?

[des8]

Could you please post up copies of all you have received, and also the exact wording you used on their submission form.
First remove identifying details but leave in all dates and times
Photos of the signs at the car park also if possible.
One letter off in your first name is not going to be the basis of any defence!

You are under no obligation to identify the driver.

[thedonbran]

Hi

Thanks for your replies.

Just checked and yes my name is wrong on the V5C - my fault - will contact DVLA to change.

Have attached the letter - split in two parts for easier viewing.

And here's what I wrote on their submission form:
'The penalty you sent has been issued to <incorrect name was inserted here>. This is not my name nor the name on my licence issued by the DVLA. Please issue the letter again with my correct name.'

I haven't got photos of the signs at the car park but will try to get them if necessary.

Best wishes,
TDB

[des8]

So send them:

Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx
You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to invite the keeper to pay the unpaid parking charges; as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and I will not be doing so.
I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc

Send first class with free certificate of posting from post office.
They won't accept it, but it is the first stage you need to go through

Photos of the signs might be useful eventually as from google the fonts seem very small, and if the signs are unlit and your vehicle was there at night time ........

Also the address on the PCN isn't very complete>>>>

Do not identify the driver when writing to them or when posting on this site (we know parking companies do scan internet sites like LB)

[thedonbran]

Thanks DES8.

Does it have to be by post or can I reply to their email, or both?

I'll get over to the car park asap.

[des8]

If you send email, confirm in it that a hard copy will follow.
Then send a hard copy

[thedonbran]

Thanks. Will send email and then a letter.

[thedonbran]

One last question, and apologies if this is obvious. Do I name the keeper and the full VRM in the letter/email, as well as the PCN?

[PallasAthena]

If the VRM and your name are in the PCN they have sent you - and I assume they are - then it is fine to repeat it back to them in your letter/email. In the draft in Post #5 it acknowledges that you are the Keeper.

[thedonbran]

Thanks Pallasathena

[thedonbran]

Hi
I had a reply by email just one week after writing and emailing. This is their response:

Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge.

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

Please disregard any letters received that predate this correspondence.

Yours faithfully,

CP Plus Ltd

Many thanks for all your help.