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  • FIRST POST
    • AHZ3WW
    • By AHZ3WW 18th May 17, 9:47 PM
    • 4Posts
    • 0Thanks
    AHZ3WW
    Civil Enforcement Ltd - KFC
    • #1
    • 18th May 17, 9:47 PM
    Civil Enforcement Ltd - KFC 18th May 17 at 9:47 PM
    Good evening

    I'm hoping someone on the forums is going to be able to shed abit of light, I've been reading various posts but can't seem to make much sense of what I should be doing at the current stage of my parking charge.

    I received a Parking Charge Notice dated 3rd March 2017 for parking in a KFC car park on 25th Feb 2017 whilst I attended a birthday meal at Frankie & Benny's - it's Birstall Retail Park in Leeds so anyone from the area will know that trying to get parked on a Saturday night is an absolute nightmare. I was also running late so didn't actually notice / check for any parking signs displayed in or around the car park. I was parked from 17:41 til 20:03 which is well over their "Maximum 75 minutes free parking" rule.

    After reading up on the internet, I took advice to ignore this letter. Which I now know to be the wrong decision, I received a "Final Reminder Before Legal Action" (Second letter) dated 3rd April advising that it's too late to pay the reduced charge of 60 and now the full 100 was due. Again, I chose to ignore this letter.

    I have now received a "Letter Before Action" dated 11th May giving me 14 days to pay the outstanding debt which now totals 140.00. I did choose to ignore for the first few days but then came across an up to date forum post stating that I should not ignore these letters and that I should send an email / letter to them which is as follows;

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than 250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.


    I have also contacted a supervisor at the KFC store and customer service representative at the KFC head office but both have informed me that they have no control over these parking tickets and suggest that I contact the PPC directly.

    I'm just after abit of advice on whether this is the correct action to take and if there's anything further that I could do to get this charge dropped.

    Many thanks,

    A
Page 1
    • Coupon-mad
    • By Coupon-mad 19th May 17, 1:02 AM
    • 45,820 Posts
    • 58,806 Thanks
    Coupon-mad
    • #2
    • 19th May 17, 1:02 AM
    • #2
    • 19th May 17, 1:02 AM
    Yes, send that and it might stop them bothering with a claim. If you have sent it in March, the PCN would have been cancelled the same month. Never mind, you live and learn.

    But if they do send a court claim then you will have seen from all the other CEL defence/claim threads, what the outcome always is! Surely...?!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • AHZ3WW
    • By AHZ3WW 19th May 17, 5:00 PM
    • 4 Posts
    • 0 Thanks
    AHZ3WW
    • #3
    • 19th May 17, 5:00 PM
    • #3
    • 19th May 17, 5:00 PM
    Thanks for your reply, I haven't heard anything back yet and hope I do before the 14 days from their most recent letter expires.

    I haven't received any evidence from CEL to support the parking fine as it costs 10.00 to request this which seems bit comical.

    Do you think I could be too late in sending the first steps of my appeal to them as it's coming up on 3 months since the "incident"
    Last edited by AHZ3WW; 19-05-2017 at 5:14 PM.
    • The Deep
    • By The Deep 19th May 17, 5:44 PM
    • 6,503 Posts
    • 5,414 Thanks
    The Deep
    • #4
    • 19th May 17, 5:44 PM
    • #4
    • 19th May 17, 5:44 PM
    Hang on, you parked in a KRC car park, in order to dine elsewhere. You then ignored all correspondence. Is it any wonder companies employ these parasites.
    Last edited by The Deep; 19-05-2017 at 5:49 PM.
    You never know how far you can go until you go too far.
    • AHZ3WW
    • By AHZ3WW 19th May 17, 5:51 PM
    • 4 Posts
    • 0 Thanks
    AHZ3WW
    • #5
    • 19th May 17, 5:51 PM
    • #5
    • 19th May 17, 5:51 PM
    What's Infra dig? ��

    It's a retail park but technically yes it's KFC section but was at F&B as car park is absolutely rammed on a weekend / evening.
    • The Deep
    • By The Deep 19th May 17, 5:56 PM
    • 6,503 Posts
    • 5,414 Thanks
    The Deep
    • #6
    • 19th May 17, 5:56 PM
    • #6
    • 19th May 17, 5:56 PM
    The wrong word, which is why it was deleted immediately. It means beneath one's dignity.
    You never know how far you can go until you go too far.
    • AHZ3WW
    • By AHZ3WW 19th May 17, 6:08 PM
    • 4 Posts
    • 0 Thanks
    AHZ3WW
    • #7
    • 19th May 17, 6:08 PM
    • #7
    • 19th May 17, 6:08 PM
    Hmmm I'd say thanks for your reply but I'm not sure of the intention behind your post
    • Coupon-mad
    • By Coupon-mad 19th May 17, 6:13 PM
    • 45,820 Posts
    • 58,806 Thanks
    Coupon-mad
    • #8
    • 19th May 17, 6:13 PM
    • #8
    • 19th May 17, 6:13 PM
    Thanks for your reply, I haven't heard anything back yet and hope I do before the 14 days from their most recent letter expires.
    Originally posted by AHZ3WW
    How does that matter? Stop dancing to their tune - forget their daft 'deadlines'. They are highly unlikely to respond quickly and may well start a claim.

    We always beat CEL. Presumably you have searched & read about how to win this by now.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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