CP Plus £80 Penalty Notice for SWT Hampton Court Railway Station

[G.R.R]

Hi Everyone,

 

As the title says, my car (I wasn't the driver - really!) got an £80 Penalty Notice from CP Plus while parked at Hampton Court Railway station car park.

 

 

The reason for the penalty was given as code '03' -

which is "not displaying a valid pay and display ticket

" even though a ticket was purchased and on display!

 

Thanks in advance for any help/advice on this one?

[honeybee13]

Hello and welcome to CAG.

 

Could you copy and paste the questions from the forum stikky and post them up here together with your answers please? This will help us to advise you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

My best, HB

[G.R.R]

Further info:

 

For windscreen tickets (NTD) please answer the following questions.

 

1 The date of infringement?

 

Rather not say - but it was in the last couple of weeks

 

2 Did you appeal to the parking company?

 

No, not yet.

 

Also, I've not received a Notice to Keeper yet.

 

Thanks.

[dx100uk]

then you await the NTK..

 

 

can we just confirm

they ARE using the word PENALTY

 

 

if they are

then they cant In basic terms

as they don't own the land the railway does

and only they the railway Co., can issue PENALY charges under byelaws

 

 

lots of like threads here already regarding this if it DOES say PENALTY

[G.R.R]

Thanks for your response. Yes, the precise wording on the top is: "Notice issued by CP Plus Limited £80 PENALTY NOTICE".

 

I would like to know if I should appeal, given that the original parking charge (£6.50 for the day) was paid?

[dx100uk]

ok great so they are trying to spoof you into thinking they can operate/enforce under the railway byelaws

which they cant ..

 

 

let me find a few threads

 

 

easy sorted

 

 

dx

[dx100uk]

this should do:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?467886-Indigo-Park-Solutions-UK-Ltd.-Railway-station-PCN

[G.R.R]

Thanks for this dx!

 

I got the impression that appeals made to these companies are pretty much ignored and simple result in another demand for money.

 

So it all comes down to whether SouthWestTrains are going to use Bylaw 14, as their operator (CP Plus) can't (if i'm interpreting this correctly).

[dx100uk]

SWT wont know any ticket has been issued

[ericsbrother]

The Beavis decision means that it is accpeted that penalty claues in consumer contract are allowed under certain circumstances so the use of the word penalty is allowable unless it is an intention to deceive te recipient into thinking that this is not a contractual matter but a reference to the RTA.

 

SWT have contracted out parking management to a company that by agreement issues its own tickets/charges and SWT get a few quid out of the deal.

 

This would be legal if the parking co were paid to adminster the parking under Railway bylaws but this isnt the case.

 

The parking co get to keep all of the money from "penalties" issued this way as the correct procedure and use of bylaw 14 would mean that the matter goes to court and the money goes to the govt not the parking co or event the railway operator.

 

Parking co's sometimes tell your that you are in breach of bylaw 14 ( possibly true) but as said that means no money for them or for railway co so they only use this threat as coercion to get you to pay them.

 

Railway land is not "relevent land" as far as POFA goes so no keeper liability ( there is under bylaw 14 so beware) and keeper details thus unlawfully obtained for purposes of DPA.

 

You thus have a choice

- go along with their game and appeal and regardless of the merits of your appeal it will get you nowhere (why are they going to admit they are less than honest)

or just let them waste their time and money chasing you.

 

If it gets to a solicitors letter then you can respond saying there is no contract with CPP,

no breach of contract

or bylaw 14

and that any claim will be vigourously defended.