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htk
Got a ticket in Whipps Cross hospital from CP Plus.

First of all ticket states wrong time - 15:00 to 15:20 (I've got parking receipt which starts at 15:09)

Secondly it says "parking while obstructing" while the reason code says 07 - parked in restricted area.

And the third point - they have virtually no markings on the ground, I've taken a photo of my car which shows that no obstruction is there. Should I request a photo from them showing that my car actually does obstruction?




Any advise would be greatly appreciated - it is not expensive, but quite annoying to get a ticket for pretty much nothing!













ManxRed
This should be relatively straightforward.

For starters, on the sign it says that CP Plus manage the site on behalf of someone else - so CP Plus aren't the creditor.

The sign makes a weak attempt to claim that the £40 charge is a contractual charge for a service rendered (in other words, you are paying them £40 for the privilege of parking incorrectly - yeah, I know, a judge would scratch his head as well), however the ticket makes it perfectly clear that the £40 is a charge for breaching the terms and conditions on the sign. Under contract law the only redress for breaching is the actual loss suffered by the landowner. You paid for a ticket, so the landower has lost nothing, and you most definitely don't owe CP Plus anything at all.

Here's what you do:

Provided you know the registered keeper (no need to say if that's you or not), and the car isn't a hire/lease/company car, then wait for the Notice to Keeper to arrive (between 28 and 56 days from the incident).

Then appeal as the registered keeper, don't mention who was driving, and state that you are aware from their signs that CP Plus are not the creditor, and that the sum they are asking for bears no relation to any loss suffered by the landowner (enclose a photocopy of your ticket), which in this case is zero.

Then come back here when they reject this appeal and we'll guide you in having it killed off permanently.
htk
Thanks,




Should I try requesting photo evidence from CP plus first which would show that I was obstructing anything?

Do you mean that it is also pointless to appeal to CP plus on the grounds that their ticket shows wrong time?




QUOTE (ManxRed @ Sun, 6 Apr 2014 - 20:45) *
This should be relatively straightforward. For starters, on the sign it says that CP Plus manage the site on behalf of someone else - so CP Plus aren't the creditor. The sign makes a weak attempt to claim that the £40 charge is a contractual charge for a service rendered (in other words, you are paying them £40 for the privilege of parking incorrectly - yeah, I know, a judge would scratch his head as well), however the ticket makes it perfectly clear that the £40 is a charge for breaching the terms and conditions on the sign. Under contract law the only redress for breaching is the actual loss suffered by the landowner. You paid for a ticket, so the landower has lost nothing, and you most definitely don't owe CP Plus anything at all. Here's what you do: Provided you know the registered keeper (no need to say if that's you or not), and the car isn't a hire/lease/company car, then wait for the Notice to Keeper to arrive (between 28 and 56 days from the incident). Then appeal as the registered keeper, don't mention who was driving, and state that you are aware from their signs that CP Plus are not the creditor, and that the sum they are asking for bears no relation to any loss suffered by the landowner (enclose a photocopy of your ticket), which in this case is zero. Then come back here when they reject this appeal and we'll guide you in having it killed off permanently.


kommando
They just want your money, forget about treating it as if its a council ticket and follow Manxred instructions, try anything else and you just extend the agony as they use your points to drag it out.
htk
QUOTE (kommando @ Sun, 6 Apr 2014 - 21:36) *
They just want your money, forget about treating it as if its a council ticket and follow Manxred instructions, try anything else and you just extend the agony as they use your points to drag it out.





I see you point - never dealt with private tickets before.

Do you mean that'd mean going to court - just need to understand how far I have to go...

ManxRed
If you follow the advice you'll never get to court.

They will reject your appeal, that's OK. The next stage in the process is that they have to allow you to appeal to the independent adjudicator (POPLA), and our record at POPLA is 100% successful.

Forget the timing thing, it's irrelevant. The main issue is that they do not have the necessary authority to issue parking charges or pursue in their own name, and the sum they are asking for is unenforceable under contract law. Just stick to that and keep it simple.
emanresu
QUOTE
Here's what you do:

Provided you know the registered keeper (no need to say if that's you or not), and the car isn't a hire/lease/company car, then wait for the Notice to Keeper to arrive (between 28 and 56 days from the incident).

Then appeal as the registered keeper, don't mention who was driving, and state that you are aware from their signs that CP Plus are not the creditor, and that the sum they are asking for bears no relation to any loss suffered by the landowner (enclose a photocopy of your ticket), which in this case is zero.

Then come back here when they reject this appeal and we'll guide you in having it killed off permanently.


+1
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