CP Plus Parking

[Normhel]

Hello All,

I would appreciate some advice and hope I'm posting in the right forum...

My son received a PCN from CP Plus for parking in Meadowhall shopping centre. He has a space in a staff designated area but this was full when he arrived 10 minutes before his shift.

He parked instead in the shopping centre and came out to a ticket. He was ticketed at 14.33 less than an hour after arriving. He wears an identifiable uniform and was on his way to work so technically he shouldn't have parked there.

Should he pay this fine or ignore it? He previously had a run in with another company who were big in 2016. I believe their 'creditors' were CP Plus....he ignored all letters and it's now a year last April since the fine and he hasn't heard anything since Spetember 2016 although he has moved address since.

Has as the law changed, I've seen a couple of threads about court cases and would rather act early if I need to take action.

Thanks in in advacne for any help.

[ostell]

Re: CP Plus Parking

The law changed in 2012 to allow the keeper to be held liable for the transgressions of the driver. If he has moved house since the run in with the first company I suggest he checks his credit rating as he may have a judgment by default against him. The parking companies love it when someone moves!

For the current ticket I would suggest that he take it up with his employers first, explaining the circumstances and try and get them to cancel, preferably without giving out his details. Otherwise wait for the Notice to Keeper to arrive, which should be between days 28 and 56 after the event and see if they got anything wrong.

[Normhel]

Re: CP Plus Parking

Hi Ostell,

Thanks for the reply, I'll certainly check his credit file.

In the meantime can you explain what you mean by 'see if they got anything wrong?'
thanks,

[ostell]

Re: CP Plus Parking

To hold the keeper liable CP+ have to comply with the Protection of Freedoms Act 2012 schedule 4. (POFA) As there was a windscreen ticket then all the items specified in paragraph 8 must be on the Notice to Keeper. Failure to get it right means that they can not hold the keeper liable. They can only then hold the driver, who they don't know and you are not required to identify, liable so they are stuck. The parking companies still make mistakes, despite 5 years to get it right.

The NTK must arrive after day 28 and before day 56 to be valid. This is delivered to the keepers address, not the date it was written.

[Normhel]

Re: CP Plus Parking

To hold the keeper liable CP+ have to comply with the Protection of Freedoms Act 2012 schedule 4. (POFA) As there was a windscreen ticket then all the items specified in paragraph 8 must be on the Notice to Keeper. Failure to get it right means that they can not hold the keeper liable. They can only then hold the driver, who they don't know and you are not required to identify, liable so they are stuck. The parking companies still make mistakes, despite 5 years to get it right.

The NTK must arrive after day 28 and before day 56 to be valid. This is delivered to the keepers address, not the date it was written.

Gosh, it all sounds rather technical! I've checked his credit file as per your advice and that's all clear.

I guess i ss I should wait now for the NTK to arrive?

Previous advice given by M1 in relation to the other PCN was to ignore all correspondence, is this no longer the case?

Thanks.

[ostell]

Re: CP Plus Parking

It would have been to ignore all correspondence APART FROM a letter before claim.

If he has moved house then CP+ will attempt to contact him at the address they got from the DVLA and then could raise a court claim using that old address so he would not be aware. Unfair I know but........

[Normhel]

Re: CP Plus Parking

Hi,

We've had the NTK (see below), can you advise of the next steps please?

It seems I can't add a file from my iPad, can anyone advise?

[charitynjw]

Re: CP Plus Parking

You could email it to our [MENTION=49370]Kati[/MENTION]

I can be emailed if you need my help loading pictures/documents to your thread. My email address is

kati@legalbeagles.info

But please include a link to your thread so I know who you are.

[Normhel]

Re: CP Plus Parking

You could email it to our @Kati

Thanks, I've sent an email with a picture of the letter.

[Kati]

Re: CP Plus Parking

got it xx

[charitynjw]

Re: CP Plus Parking

Meadowhall staff could face court action for using customer parking spaces

http://www.thestar.co.uk/our-towns-a...aces-1-8724280

[Normhel]

Re: CP Plus Parking

Ooh, interesting read. Thanks.
The only thing I’d say is my son hasn’t had any previous warnings and isn’t a regular ‘offender’.

Would you advise to pay the fee and put it down to experience?

[charitynjw]

Re: CP Plus Parking

Where has £120 come from?
Do you have (or can you get) pics of the site signage?

[Normhel]

Re: CP Plus Parking

Hi, we now have a letter from DRP and it says ‘Notice of intended court action ‘. Is this the same a ‘notice before action’ ? And should we pay the fine