Driver overslept at a Service Station! Options

[Nalster]

Hi guys,

Back after a long time. It's nice to see some of the old timers still here. I remember Fredd, Southpaw, etc.

Basically, the driver overslept at a Service Station as they were too tired to carry on driving. They stayed just over 2 hours and have now realised that the Service Station time limit is 2 hours, although they hadn't noticed this when they drove in at around midnight. There had hardly been any cars, so the driver had parked in a corner and had fallen asleep. That was that.

Now, I the RK have received a Parking Charge letter from CP Plus demanding £60 by tomorrow(13th June). I received the letter few days ago(probably 8th, 9th or 10th June as I was away). Date of incident is stated as 21/05/2022.

Part of me thinks I'm dead 'n buried as there is no case to answer. The driver overslept and overstayed, simple as.

Then again, I remembered...


....There are you guys!


I read the sticky and think this is something I can ignore? Although, not sure.


Thanks guys.

This post has been edited by Nalster: Sun, 12 Jun 2022 - 17:08

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[DWMB2]

The sticky you read may well have contained some (very) old information. Unless this was in Scotland(?), ignoring is no longer the way to go, and unfortunately hasn't been since 2012.

You should edit your post to not reveal who was driving ("The driver" drove, and you'll deal with this as the keeper). Can you also show us the notice you've received? Remove personal details but leave on all dates and times, and show us both pages.

With motorway services, contacting the service station management is a good first call... Go at this from an angle of safety (the driver pulled in to rest, and fell asleep, inadvertently exceeding the free maximum stay... And it wouldn't have been safe for the driver to return to the motorway whilst tired).

[Nalster]

Thanks DWMB2. Much appreciated. I will post details shortly.

This post has been edited by Nalster: Sun, 12 Jun 2022 - 17:56

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[Nosy Parker]

Nalster, you’ve cut off the top of the front page so I can’t be certain, but based on what I can see, it looks like the notice does not comply with the conditions in Paragraph 9.(2) of Schedule 4 to the Protection of Freedoms Act 2012 (“POFA”). The failures are the omission of the invitation required by paragraph 9.(2)(e)(i) and the warning required by paragraph 9.(2)(f). Also look at paragraphs 9.(4), (5) and (6) of Schedule 4 and work out whether the notice was given within the requisite 14 day period.

Failure to comply with POFA means that CP Plus can’t transfer liability to the keeper and they can only sue the driver, if they can identify the driver, which they can’t do if you don’t tell them (the keeper has no legal obligation to identify the driver). You can read Schedule 4 here https://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

Try an appeal along the following lines:-

“I appeal as the keeper of the vehicle. I am not obliged to identify the driver and I decline to do so.

Your Notice is not effective to transfer liability to me as keeper because it does not comply with the mandatory requirements for transfer of liability contained in Schedule 4 to the Protection of Freedoms Act 2012 (“POFA”). In particular, it does not contain the invitation required by paragraph 9.2(e)(i) or the warning required by paragraph 9.(2)(f) of Schedule 4 POFA.

[add late notice if applicable].

I will not be providing you with any further information so please deal with this appeal on the basis of the information above, cancel the parking charge and expunge all my personal data from your records.”

If you appeal online, be careful of any drop down menu or tick boxes that try to trap you into self-identifying as driver. If you’re not comfortable with selecting any of the multiple choices in the online appeal form, appeal by first class post being sure to get a free certificate of posting at the Post Office. Do this ASAP and repeat if you don’t get an acknowledgment within a week. If you don’t get an acknowledgment from CP Plus within 14 days, complain to the BPA about breach of paragraph 23.8 of the Code of Practice, with a copy to CP Plus.

If CP Plus rejects your appeal, appeal to POPLA using the verification code in the rejection letter. It’s really important to use the POPLA process as a win at POPLA binds the parking operator but a loss at POPLA doesn’t bind the appellant.

This post has been edited by Nosy Parker: Mon, 13 Jun 2022 - 05:06

[Nalster]

Nalster, you’ve cut off the top of the front page so I can’t be certain, but based on what I can see, it looks like the notice does not comply with the conditions in Paragraph 9.(2) of Schedule 4 to the Protection of Freedoms Act 2012 (“POFA”). The failures are the omission of the invitation required by paragraph 9.(2)(e)(i) and the warning required by paragraph 9.(2)(f). Also look at paragraphs 9.(4), (5) and (6) of Schedule 4 and work out whether the notice was given within the requisite 14 day period.

Failure to comply with POFA means that CP Plus can’t transfer liability to the keeper and they can only sue the driver, if they can identify the driver, which they can’t do if you don’t tell them (the keeper has no legal obligation to identify the driver). You can read Schedule 4 here https://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

Try an appeal along the following lines:-

“I appeal as the keeper of the vehicle. I am not obliged to identify the driver and I decline to do so.

Your Notice is not effective to transfer liability to me as keeper because it does not comply with the mandatory requirements for transfer of liability contained in Schedule 4 to the Protection of Freedoms Act 2012 (“POFA”). In particular, it does not contain the invitation required by paragraph 9.2(e)(i) or the warning required by paragraph 9.(2)(f) of Schedule 4 POFA.

[add late notice if applicable].

I will not be providing you with any further information so please deal with this appeal on the basis of the information above, cancel the parking charge and expunge all my personal data from your records.”

If you appeal online, be careful of any drop down menu or tick boxes that try to trap you into self-identifying as driver. If you’re not comfortable with selecting any of the multiple choices in the online appeal form, appeal by first class post being sure to get a free certificate of posting at the Post Office. Do this ASAP and repeat if you don’t get an acknowledgment within a week. If you don’t get an acknowledgment from CP Plus within 14 days, complain to the BPA about breach of paragraph 23.8 of the Code of Practice, with a copy to CP Plus.

If CP Plus rejects your appeal, appeal to POPLA using the verification code in the rejection letter. It’s really important to use the POPLA process as a win at POPLA binds the parking operator but a loss at POPLA doesn’t bind the appellant.

Many thanks Nosy Parker for your time. Apologies for omitting the top half of the letter. I left out the top half as it had my details. It also had CP Plus's logo and the issue date, which is 30/05/2022. So, on paper it looks like they have complied by sending it within the 14 day period. However, I have found that some Companies put an earlier date and send letters closer to a deadline date!




This post has been edited by Nalster: Mon, 13 Jun 2022 - 22:40

[DWMB2]

For future reference, they don't need to send it within the 14 days for keeper liability, it needs to be 'given' (ie delivered) within that period (although based on that issue date it'll be presumed delivered within that time in your case, unless you can prove the contrary).

The other POFA fails mentioned by Nosey Parker are still accurate, so an appeal could be made on the basis they suggest.

[Nalster]

The other POFA fails mentioned by Nosey Parker are still accurate, so an appeal could be made on the basis they suggest.

Appeal sent. I think it should be good enough for them to realise that they've got no chance should it go to POPLA. I'm really impressed by how you guys notice such minute details and fight back.

It must be demoralising having to face the likes of you on a daily basis.

I only wish if there were more forums like this to fight Energy Companies, etc.

It's only a wish.

[DWMB2]

I think it should be good enough for them to realise that they've got no chance should it go to POPLA.

It ought to, but don't be surprised if they force you to POPLA regardless.

I'd still go down the route of contacting the service station too (may be worth doing so in a way that does not reveal who was driving in case they do something like forward on your message) - as getting them to cancel is much less effort than a POPLA appeal.

[Nalster]

I'd still go down the route of contacting the service station too (may be worth doing so in a way that does not reveal who was driving in case they do something like forward on your message) - as getting them to cancel is much less effort than a POPLA appeal.

How can I get round that one? Surely, they will know that I know the driver if I come up with the story.

Thanks.

[DWMB2]

That you know who the driver was is fine, that doesn't mean you need to name them when contacting the service station. Just talk about what the driver did in the third person, without any names... "They pulled into the station because they were tired etc." for example. In writing by email might be easier than phone to avoid slipping up.

[Nalster]

That you know who the driver was is fine, that doesn't mean you need to name them when contacting the service station. Just talk about what the driver did in the third person, without any names... "They pulled into the station because they were tired etc." for example. In writing by email might be easier than phone to avoid slipping up.

Thanks DWMB2. Will give it a try.

[Nalster]

Guys,

They have cancelled the Parking Charge. Thank you so much for your help. Special mentions for Nosy Parker and DWMB2.

I have copied CP Plus's letter below:


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 email.


Yours faithfully,

CP Plus Ltd

[DWMB2]

Good result... Good to know Service Stations will still step in on these matters with a good nudge. Well done