Dear all - first post here but I thought my letter might be useful to others. Apologies for the lenght of the post.
£40 fine from CP Plus for parking in the hospital I work in - didn't have my ID on me (my ID lets me into the staff car park) so I left a note in my window with my contact details, and parked in the pay and display. I wrote to appeal before reading any of the advice on this site (and so inadvertently admitted being the driver). They sent a standard letter saying they were "unable to offer a cancellation". Initially I planned to send them 160 cheques for 25p on the basis that they will have to pay a bank charge for every cheque they pay in, but then I came across this site and decided to fight a bit harder. I sent this back in April and haven't heard since so I think they must have dropped it:
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CP Plus Ltd
PO Box 14836
London
NW3 1WT
12 April 2008
Dear Ms ***
Re: Notice no. 4131523
Site: Royal Bournemouth Hospital
Parking att. no. 306
Thank you for your letter dated 25th March 2008. I am obviously disappointed that you are ‘unable’ to offer a cancellation.
Frankly I find the initial charge notice ludicrous. I initially appealed using the concept of what is common-sense: I had a valid permit, I was unable to get into the staff car park because I did not have my ID card on me, and there was no attendant on the gate. I had no change in my car. My only alternative course of action would have been to go into the hospital, borrow some money from a colleague, and then buy a ticket; during which time my operating list would have been delayed. I was in error when I left my ID behind, but in these circumstances I do not feel that it was unreasonable to leave a note in the window explaining the circumstances, and then move the car at the earliest opportunity.
It is incorrect to say that you are unable to offer a cancellation. What you mean to say, I suspect, is that you are unwilling. Similarly, I am unwilling to pay the charge.
As you have rejected what I consider to be a commonsense and reasonable appeal, I will now clarify the legal reason for refusing to pay this unreasonable charge.
(1) The charge notice refers to a contract relating to parking charges
(2) I dispute the acceptance of a contract with you as I do not recall seeing signs relating to the charges involved. I have been back and I dispute your allegation that the site is clearly signposted.
(3) Under the Unfair Terms in Consumer Contracts Regulations (1999), I believe the contract you believe I have entered into to be unfair as the charge you are suggesting is disproportionate to any loss that may have been incurred. Parking in the bay I used is £2 for four hours and so it is difficult to see how a charge of £40 for failing to display a ticket is proportionate.
(4) Even if I had entered into a contract with you, and then breached the terms of the contract, you would be entitled to proportionate damages, ie recompense for any losses. I do not believe that there has been any loss that should be compensated because I have already paid for parking on the site, and therefore if the barrier had an attendant on it, I would have been granted access to the staff parking area without charge. Thus I do not believe that you have a legitimate claim for damages from me.
(5) In view of the excessive nature of the sum claimed, I believe the £40 charge to be a penalty rather than damages (ie punitive), and therefore I do not believe it to be enforceable.
If you still believe the charge should be paid please confirm why you believe your loss to be £40; please also confirm that you believe me to be the driver of the car (and on what basis), and the time on site that you say has been logged.
Yours sincerely
***
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So, whilst I'm no expert, my advice would be (1) do not pay under any circumstances; (2) follow the advice in this website carefully; (3) when writing back to them make it clear that you will make them prove everything - ie don't confirm or deny anything, ask for proof that you were driving, that they have suffered a loss etc. It seems to me that it makes sense for them to reject the first appeal automatically but if you are a fighter it is not worth their while taking it on: even if they were to win a court case, the time and effort they would have to expend would almost certainly outweigh any benefit. Note that I'm not a lawyer and I should probably add a few disclaimers to my advice (ie don't hold me responsible if you use my letter or follow my advice), but from my experience, persevere and don't let them get away with it!
Good luck with any claims.
Will