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reddragon
Hi All,

Second of March my car recieved a pcn in Morrisons for not displaying a ticket. My brother was the driver at the time, he was over from Germany and he was helping my elderly father with his shopping.


On Thirteenth of March I e-mailed cp plus with the details of the driver at the time, recieved acknowledgement from them within the hour.

Today I recieved a notice to keeper in relation to this ticket, now I already informed them of who the driver was at the time and I know that he has not recieved any correspondence from cp plus so it looks as though they have decided that it is to much trouble to persue him and have gone after me instead.



Now, I want to cause as much trouble as I can to these parasites so what is my best plan of attack?.

I have a few things in mind, firstly on their pcn it states that if no payment is recieved within 28 days then an administration charge of £40 will be added. Can they add admin charges?.

Secondly, on the notice to owner the location given for this wicked and evil crime is the name of the town and thats it. ie Location London.

Third, I gave them the driver details but they have not bothered to persue driver instead obtained my details from dvla and come after me.

So my thoughts: cp plus have ignored the driver, they have obtained my details from dvla fraudulantly, and on notice to owner the location of breach is vague to the point that it is impossible to pinpoint exact location.


So, thought on next move?.
Jlc
Back to CP+

I have provided a service address for the driver and according to PoFA have no liability to your company
Don't contact me about this again
(Can add more contact will be considered as harassment)

Complain to DVLA as you note they had no reason to request RK details.

QUOTE
Tragically Mr David Evans is no longer the Corporate Director of the DVLA and therefore, if you don't get a response, you may wish to email his replacement Mr Hugh Evans (email address Hugh.Evans@dvla.gsi.gov.uk)

or choose from these in the Data Sharing Policy Group (D16)

"Robert Toft" <Robert.Toft@dvla.gsi.gov.uk>
"Kevin Watts" <Kevin.Watts@dvla.gsi.gov.uk>
"Sara Purcell" <Sara.Purcell@dvla.gsi.gov.uk>
"Claire Morgan" <Claire.Morgan@dvla.gsi.gov.uk>
nigelbb
I think that your analysis is perfect. CP Plus have abused the PoFA by requesting details of the registered keeper to which they are not entitled. They have the name & address of the driver & that's all that matters. Chasing the registered keeper is now not possible (even assuming their fake parking ticket had any merit in the first place). You need to complain to the DVLA about them releasing your details.
SchoolRunMum
Report them to the DVLA and the BPA as well (even though the BPA are a fairly useless and toothless trade body we still need to make sure that any complaints rack up on their records as well). This is a serious breach of POFA if in England/Wales. They are stuck with the driver as their target only - if they were given a name and address for service - and cannot revert to the keeper.

I would challenge it as well as the BPA/DVLA complaints though, so that you can also drag this to POPLA and expose this sharp practice and BPA code breach.
bama
seconded - to all the above

counterattack
reddragon
hi,


Thanks all for your replies, unbelievably, my wife has just come home and she had another letter from cp plus addressed to me that she pulled from our mail box this am.

It is another notice to keeper for another invoice dated 27 Feb, now I have absolutely no idea what this one is about as I only have one pcn dated 2 March, it may well have been my brother again as he used my car whilst over here however, I do not know.
This notice again only states the location regarding this parking charge as a town ie location Swansea: that's it no street name, no car park name not even a post code location. In their letter they state that a pcn was affixed to the vehicle screen however, if there was I have no knowledge of it.

Surely, giving such a vague location regarding this pcn does not meet the requirements of PoFA?. If not should I appeal this stating that they are in breach of PoFA?.

Thanks.
nigelbb
The analogy here is if your brother had borrowed your car & was flashed by a traffic camera for speeding. You would have received a notice but after you returned it filled in with his details as the driver you would have been in the clear & heard no more about it.

QUOTE (reddragon @ Mon, 8 Apr 2013 - 18:39) *
Surely, giving such a vague location regarding this pcn does not meet the requirements of PoFA?. If not should I appeal this stating that they are in breach of PoFA?.



Here is what it says in the act http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

QUOTE
Paragraph 7

(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates

Here is a more digestible check list for you to use to confirm the validity or otherwise of the Notice To Keeper that you have received http://www.parkingcowboys.co.uk/keeper-liability/


A town name cannot possibly satisfy the requirement to specify the relevant land where the car was park.

SchoolRunMum
QUOTE (reddragon @ Mon, 8 Apr 2013 - 18:39) *
hi,


Thanks all for your replies, unbelievably, my wife has just come home and she had another letter from cp plus addressed to me that she pulled from our mail box this am.

It is another notice to keeper for another invoice dated 27 Feb, now I have absolutely no idea what this one is about as I only have one pcn dated 2 March, it may well have been my brother again as he used my car whilst over here however, I do not know.
This notice again only states the location regarding this parking charge as a town ie location Swansea: that's it no street name, no car park name not even a post code location. In their letter they state that a pcn was affixed to the vehicle screen however, if there was I have no knowledge of it.

Surely, giving such a vague location regarding this pcn does not meet the requirements of PoFA?. If not should I appeal this stating that they are in breach of PoFA?.

Thanks.




Just do a response to the one you've only just heard about, giving the name and address of your brother again, and get the same response back you did before.

Wait for them BOTH to be followed up with YOU the registered keeper and then report BOTH to the same places we've already mentioned. Refer BOTH to POPLA as well - the first one you will have to do first, to make sure you get the POPLA appeal in within the deadline as oon as you get a code, then do the same with the other one.

The complaints to the BPA/DVLA you may wish to just wait a bit, and then just report and complain about both together (assuming with this second one they also try to pursue you as the rk even though you'll have given the driver's details). One could be passed off by the PPC as an admin error but two separately responded-to tickets, both with the driver's name and addy given, is NOT an error if they make a habit of then chasing the rk again.
reddragon
Hi,

Composed e-mail to send to cp plus appreciate any advice prior to sending.


REf pcn xxxxxx

On the eighth of april I recieved a notice to keeper in relation to this pcn, as you will note from your records you were given the name and contact details of the driver of the vehicle. This information was e-mailed to you on the thirteenth of march of which you acknowledged.


It would seem that you have ignored that information and heve decided to persue the registered keeper for this charge instead.

This is a clear breach of Section 4 of the Protection of Freedom Act 2012, as well as the British Parking Association terms of reference that you must have been clearly aware of when you became a member.

It would also seem that you fraudulantly obtained my details as the registered keeper from the DVLA which is a clear breach of the Data Protection Act.

I now insist that you cancel this pcn and remove my details from you records within fourteen days of reciept of this e-mail.

If within fourteen days I do not hear from you confirming the above, then I will complain to the DVLA regarding your data breach and your fitness as a company to obtain keeper details in the future.

I will also contact WM Morrisons of which this car park belongs, informing them of your disregard of the DPA, the breach of PoFA and the BPA, all of which you are acting as their agent in undertaking control of their car park. I will also be asking WM Morrisons if, considering your above actions, they consider you to be a fit and competent company to be acting on their behalf?.

If you do not agree to cancelling this pcn, then I require you to supply me with a POPLA code, also the name of your data controller within your company so that I can then persue your data breach with the information commissioner, DVLA, BPA and Morrisons.



Love and Kisses xxx.



What do you think?. too much waffle or ok?.
nigelbb
They are almost certain the refuse your appeal as they won't like the idea that your brother lives abroad & will try & insist contrary to the law that they can chase you as RK instead. So keep all your powder dry until POPLA. Whatever they do you will be reporting them to DVLA, BPA etc. Just reply something along the lines of :-

Ref PCN xxxxxxx for vehicle yyyyyy

I am the registered keeper of this vehicle but was not the driver when your PCN was affixed to it. The details of the driver have already been provided to you on 13th March and this was acknowledged but to reiterate the driver was Reddragon's Brother & his address is Somewhere In Germany. As you have been provided with the name and address of the driver my responsibilities under the Section 4 of the Protection of Freedom Act 2012 have been discharged.

Cancel this PCN or provide me with a POPLA code immediately.

I am sure the Gan will be along to provide something even pithier.
minotaur
QUOTE (reddragon @ Tue, 16 Apr 2013 - 13:43) *
I will also contact WM Morrisons of which to whom this car park belongs, informing them of your disregard of the DPA, the breach of PoFA and the BPA, for all of whom all of which you are acting as their agent in undertaking control of their car park. I will also be asking WM Morrisons if, considering your above actions, they consider you to be a fit and competent company to be acting on their behalf?.


I'd alter that paragraph; also - "pursue", "fraudulently" and "receipt".
Dublindel
CP plus, Isopad House, Shenley Road, Borehamwood, Herts. WD6 1TE
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