CP PLUS PCN at MOTO Heston West

[lb2k]

ostell Received the following CP PLUS PCN at MOTO Heston West, could you please advise what to reply on the appeal?

Should the appeal be done with in 28days from the original parking ticket Dt 23/10 or from the charge notice Dt 1/11?

https://drive.google.com/drive/folde...V2?usp=sharing

[lb2k]

I was thinking something along the lines of the below. Could any one please advise if this would be sufficient to respond to CP PLUS?

"the signage you refer to is inadequate to form a contract

and you have failed to create a keeper liability under the PoFA 2012 by way of your current actions.

Desist from further communication as this will be construed as harassment and dealt with accordingly"

[ostell]

Dear Sirs,

I have just 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 give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. Additionally you have not given the invitation to the keeper in the format prescribed by 9 (2) (e) of the same 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


first class post with a free certificate of posting from a post office

They will probably reject but POPLA should accept

[lb2k]

Dear Sirs,

I have just 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 give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. Additionally you have not given the invitation to the keeper in the format prescribed by 9 (2) (e) of the same 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


first class post with a free certificate of posting from a post office

They will probably reject but POPLA should accept

Thank you very much indeed @ostell, should I include my full name and address as well on this letter please or not needed?

[ostell]

Of course you add your name and address, this is a formal letter

[lb2k]

ostell , I already sent the appeal by post and I haven't heard anything further back from PPC.

I received another remainder notice in between on 18th Nov as in the below link. Can you please advise, if I have to respond anything on the below reminder notice.

https://drive.google.com/drive/folde...-L?usp=sharing

[ostell]

Did you get a certificate of posting? Tell them that you have submitted you appeal on xxxxx, here's the proof of sending

[lb2k]

Did you get a certificate of posting? Tell them that you have submitted you appeal on xxxxx, here's the proof of sending

Yep, I got the certificate of posting and will update them accordingly. Thanks.

[lb2k]

Thank you very much indeed ostell Hurrah!, Received the cancellation notice on the post.

[WHTID]

ostell I too have a CP PLUS PCN at MOTO Heston West where I was stuck at the Services because the M4 was closed. Although I am a regular user of the Services (typically for less than 15 minutes a stop) I had no idea there was a limit of two hours parking or a parking charge applicable. I have read the thread above and notice it is from 2021. Since then it appears that CP PLUS have added the following wording to their PCN:

'You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the vehicle is required to pay this Parking Charge in full. As we do not know the driver's name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this to them. Once this information is received, we will pursue the driver.

'You are advised that if, after a period of 28 days beginning with the day after that on which the Charge is given (which is presumed to be the second working day after the Date Issued) the Parking Charge has not been paid in full and we do not know the name and current address of the driver, we have the right to recover any unpaid part of the Parking Charge from you. This Charge is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protections of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of that Act.'

Given this wording appears to cover off the above appeal that worked two years ago can you advise on how I should word an appeal please?

[des8]

WHTID could you please repost, starting a new thread

posting on a thread that is three years old is not going to generate responses.
It is not done on forums to jump in on an existing thread as it leads to confusion

[WHTID]

des8 Thanks. I understand the risk of generating no responses but went ahead because this thread had a solution that the company concerned appeared to have now covered off, thus affecting not just my own position but also informing anyone else who comes across this thread and thinks it may solve their problem. As a new user on the forum I had hoped that marking it for the attention of a specific member would mean that they would at least see it (if of course they are still a member of the forum). Thanks again.

[des8]

Ostell was last active in August.
I would suggest a new thread with redacted copy of the Notice to Keeper, and possibly of the signs and a rough map showing their positioning within the area

We find each case may have its own nuances.

[Frimz0113]

Can I send that draft appeal to all private parking or bpa private tickets

[des8]

you can do what you wish, but whether or not it will be appropriate I cannot possibly comment.
If looking for guidance please start your own thread