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#Post#: 80178--------------------------------------------------
CP Plus - Overstayed parking - Prospect Place DA1 1DY
DIR By: filippi9
Date: July 8, 2025, 4:15 pm
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Hi helpful forum members,
The registered keeper has received a PCN for vehicle parked in
Prospect Place over the 2 hour free stay.
The driver is new to the car park, and didn't notice the parking
restrictions. Having looked at GSV, the signage is rather
sparse, and no signs were visible from the location were the
vehicle was parked. The driver assumed it was a free car park
and thus parking wasn't paid.
Linked to is the received PCN, with two examples of the signage.
What would be the best way to appeal this, and is it valid to
state the signage is insufficient?
HTML https://imgur.com/a/rD6Dich
HTML https://imgur.com/a/rD6Dich
Many Thanks
#Post#: 80187--------------------------------------------------
Re: CP Plus - Overstayed parking - Prospect Place DA1 1DY
DIR By: input
Date: July 8, 2025, 6:06 pm
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The pictures of the signs are not very clear. Can you post
clearer ones and if possible more?
From the pictures, one appears to be parking eye and the other
CP Plus. It must be clear who you're forming a contract with.
#Post#: 80221--------------------------------------------------
Re: CP Plus - Overstayed parking - Prospect Place DA1 1DY
DIR By: b789
Date: July 9, 2025, 5:13 am
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There is no legal obligation on the known keeper (the recipient
of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. CP Plus has relied on contract law allegations of
breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
CP Plus have no hope at POPLA, so you are urged to save us both
a complete waste of time and cancel the PCN.
--- End Quote ---
Come back when that is rejected for your POPLA appeal.
The location used to be operated by ParkingEye. If you're going
to use GSV images of signs, please check the date of the image.
A 12 year old image of a sign is about as useful as a poke in
the arm with a sharp stick!
#Post#: 80526--------------------------------------------------
Re: CP Plus - Overstayed parking - Prospect Place DA1 1DY
DIR By: filippi9
Date: July 10, 2025, 3:05 pm
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Thank you, initial appeal submitted.
Noted regarding GSV (FYI, unfortunately we don't live in the
area so it wasn't possible to get the actual photos on site).
Thanks
#Post#: 91002--------------------------------------------------
Re: CP Plus - Overstayed parking - Prospect Place DA1 1DY
DIR By: filippi9
Date: September 22, 2025, 4:44 pm
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I have received a letter from CPPlus stating that legal action
is pending as they haven't received full payment and it's now
too late to appeal. Link to letter:
HTML https://imgur.com/a/vHWevwA
HTML https://imgur.com/a/vHWevwA
I've just noticed they responded to the appeal by email but did
not send me a rejection by post.
Do I still have recourse at this stage to appeal to POPLA?
Thanks
#Post#: 91114--------------------------------------------------
Re: CP Plus - Overstayed parking - Prospect Place DA1 1DY
DIR By: b789
Date: September 23, 2025, 10:21 am
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What date did they reject the appeal and issue a POPLA code? You
have 33 days from the date of the appeal rejection to appeal to
POPLA. If it's too late to appeal to POPLA, then don't worry.
Just because someone puts scary words like "Legal action
pending" you don't have to worry. This is all designed to get
the low-hanging fruit on the gullible tree to pay up out of
ignorance and fear.
Why have you only now found out they rejected your appeal by
email? If you used their web portal or sent the appeal by email,
why wouldn't you expect them to respond by email?
#Post#: 91190--------------------------------------------------
Re: CP Plus - Overstayed parking - Prospect Place DA1 1DY
DIR By: filippi9
Date: September 23, 2025, 3:51 pm
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That's fair question, I just simply missed the email - it was
among a lot of junk mail.
They rejected it on the 15th of Aug, so unfortunately I'm out of
the Popla appeal window.
#Post#: 91249--------------------------------------------------
Re: CP Plus - Overstayed parking - Prospect Place DA1 1DY
DIR By: b789
Date: September 24, 2025, 6:19 am
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Come back when you receive an actual Letter of Claim (LoC).
#Post#: 91547--------------------------------------------------
Re: CP Plus - Overstayed parking - Prospect Place DA1 1DY
DIR By: filippi9
Date: September 25, 2025, 5:00 pm
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I've received a notice of debt recovery from dcbl. Is this the
letter of claim, or can I safely ignore it?
Thanks
#Post#: 91548--------------------------------------------------
Re: CP Plus - Overstayed parking - Prospect Place DA1 1DY
DIR By: DWMB2
Date: September 25, 2025, 5:13 pm
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A Letter of Claim will be titled as such, and will come from DCB
Legal (not DCBL) or another law firm.
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