DRP Plus ltd \ CP Plus ltd & Parking Fines

[brucemillar]

Friends

WE have started to receive multiple letters from the above two firms (who it apears are one and the same firm).

These are demands for payment of a parking fine that I do now own or owe. They state that I was parked for several hours "över" my permitted stay time at a local Motorway Services?

I was not and never have parked here.

I drive through here twice a day every day morning and evening on the public roads that enter and exit the servives. This allows me to complete my journey without a sizeable de-tour. I am accompanied every day by literally thousands of other motorists doing the same.

I am referring to "Farthing Corner Services"on the M2.

The tone of these letters (which I have ignored) is now threatening and I dont need it/them.

What to do please?

 

[E53AMG]

1x letter/email denying the charge, pointing out a failure in their systems, demanding evidence and putting them on notice that in the event that they continue to harass and persue you will be seeking an indemnity costs order against them in the event it goes to a hearing.

Then switch off and forget about it.

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[Trickythemerc]

Hi Bruce.

This sounds like the cameras and timing are out of sync. I would think you are clocked entering and then again leaving the services, if the time data on the exit camera has become corrupt the system will show you as parked up for whatever the timing error is. I doubt very much that you will be the only victim in this episode.

I would not ignore the letters, but would raise your concern over the validity of the data they have captured about your vehicle.

Best regards to you all

Tricky

 

[brucemillar]

Gents

Thank you. Do these letters hold any legal water? Part of their language to me is to reference people who “believe they can ignore these fines”


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[E53AMG]

It is a civil claim for fixed damages for breach of contract, not a fine. They can persue the matter but only in the civil courts. The burden is on them to show you entered private land and by doing so you entered into the contract (parking notices must be properly displayed, within reasonable distance and easily readable by the occupants of the parked vehicle).

If as you say you didn't even stop or park they are likely to fail at the first hurdle of evidence.

If they Persist and issue a county court summons I can see the judge taking a very dim view provided you have set out your denial in writing with reasons in advance of the Default Summons being issued and he will be inclined to penalise them any way he can in your favour.

They would be mad to proceed further once you have set them straight with your reply...

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[brucemillar]

It is a civil claim for fixed damages for breach of contract, not a fine. They can persue the matter but only in the civil courts. The burden is on them to show you entered private land and by doing so you entered into the contract (parking notices must be properly displayed, within reasonable distance and easily readable by the occupants of the parked vehicle).

If as you say you didn't even stop or park they are likely to fail at the first hurdle of evidence.

If they Persist and issue a county court summons I can see the judge taking a very dim view provided you have set out your denial in writing with reasons in advance of the Default Summons being issued and he will be inclined to penalise them any way he can in your favour.

They would be mad to proceed further once you have set them straight with your reply...

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Thank you.

Are you saying that I should reply in the first instance to these companies stating that I did not at any time park my car here?


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[zipdip]

Sorry to hear you have run fowl of these parking vultures Bruce,from what I have read in the past it comes down to the fact they do not know who was driving/parking the car,just because you are the registered owner of the vehicle,does not mean you are liable for any fines ,if say I had borrowed it,these parking fines have been thrown out of court because of this,best you look online and see what sort of letter to send back,I take it you drive off the M2 and then drive through the services on the road that runs through it,I think they have very little chance of winning a civil action against you,in fact I doubt it will get to court.

 

[DSM10000]

Thank you.

Are you saying that I should reply in the first instance to these companies stating that I did not at any time park my car here?


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Yes.

Presumably you can prove via witness statement etc that you were not there for the periods of time claimed.

Outline this clearly for the dates and times claimed, provide witness etc and state that any further attempt to harrass you will result in counter action.

Have they provided their own "proof" of times with pictures?

 

[Flyinspanner]

Pepipoo and moneysavingsexpert websites both have all the info and wording to use in the letters to them.

They are not fines, as parking co does not have authority to ‘fine’, it’s a parking charge.

Probably triggered by driving in and out on your detour.
Challenge asking for photographic proof of your car being parked, in the car park for each quarter hour during the alleged time.
Explain your shortcut, and tell them their camera .system is ineffective

Once you finally tell them to “go forth” inform them that further contact will be treated as bullying and harassment, and will be reported to the police as such.

You may even be classed as a “vulnerable person” if you happen to to be of pensionable age (or medically) that should be mentioned to them and the police. ...and local papers, TV and Radio.

 

[Deleted member 6183]

Sorry to hear you have run fowl of these parking vultures Bruce,from what I have read in the past it comes down to the fact they do not know who was driving/parking the car,just because you are the registered owner of the vehicle,does not mean you are liable for any fines ,if say I had borrowed it,these parking fines have been thrown out of court because of this,best you look online and see what sort of letter to send back,I take it you drive off the M2 and then drive through the services on the road that runs through it,I think they have very little chance of winning a civil action against you,in fact I doubt it will get to court.

Let's hope he doesn't chicken out.

 

[grober]

Has your car been numberplate cloned? Another reason to ask for photographic evidence.

 

[zipdip]

I have just had lunch and I always think better while stuffing my face,could it be they are not talking about your overstaying parking,but are looking at your trespass,you drive off the M2 and then I suppose turn left out of the services onto a road into darkest Kent,I suppose you drive through a no entry sign or the like,the thing is the law of trespass without damage is a very complex one and there is no way they are going to take this to court,because as I stated before they have no idea if you were driving,but get onto one of those sites that gives professional help with these cases,they normally have what to say and what laws and cases to put into any letter you send.

 

[E53AMG]

Thank you.

Are you saying that I should reply in the first instance to these companies stating that I did not at any time park my car here?


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Absolutely.

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[E53AMG]

I have just had lunch and I always think better while stuffing my face,could it be they are not talking about your overstaying parking,but are looking at your trespass,you drive off the M2 and then I suppose turn left out of the services onto a road into darkest Kent,I suppose you drive through a no entry sign or the like,the thing is the law of trespass without damage is a very complex one and there is no way they are going to take this to court,because as I stated before they have no idea if you were driving,but get onto one of those sites that gives professional help with these cases,they normally have what to say and what laws and cases to put into any letter you send.

Lol, try a different lunch, the OP stated that they are persuing him for overstaying the allotted time...

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[zipdip]

Ok then if Bruce just asks them to send him a picture of the car in the car park then that should end the matter,they have the car on the ANPR camera on the road leading to the car park and then the car passing the ANPR maybe the next day leaving the car park area using that well known short cut so it appears he has over stayed the 2 hours free parking,just maybe they run all these photo's through some sort of computer on a 24 hr basis so if he used that short cut earlier on the second day it could be matched up as having gone over by maybe 22 hours.

 

[Dryce]

Are you saying that I should reply in the first instance to these companies stating that I did not at any time park my car here?

I think you're going to have to reply and point out that you duidn't park there.

If yuo don't the risk is you will end up with a court action against you - and you will have to edfend taht or they will get a default court judgment.

You would apperar to have a simple defence against the parking charge invoice as you didn't park - and they presumably have no active camera covering the short cut that you used.

As others have said - a visit to pepipoo and asking for advice might well be beneficial.

 

[Benzmanc]

This was on watchdog earlier this year, hope this helps Bruce. Specifically at 6:50

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[grober]

Welcome to de-regulated Britain where big business uses lax consumer protection legislation to indulge in what amounts to legalised brigandry

 

[brucemillar]

So. I shall:

1) Write and clearly state I did not park and never have parked in this car park or premises.

2) Ask for their photographic proof of my parking/over stay.

Nb. Their letters both contain two dated & timed photos of my car with me driving it. These are taken on the on/off ramps to the services and NOT in the car parks. Also both show the car is on the road and not parked.


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[Deleted member 6183]

So. I shall:

1) Write and clearly state I did not park and never have parked in this car park or premises.

2) Ask for their photographic proof of my parking/over stay.

Nb. Their letters both contain two dated & timed photos of my car with me driving it. These are taken on the on/off ramps to the services and NOT in the car parks. Also both show the car is on the road and not parked.


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As I understand it their measure for overstaying your welcome is to record your entry time and time of leaving, take one from the other and if that number exceeds their free parking limit then they consider it a breach.

Kent Online suggests that a phone call will resolve very quickly.