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  • FIRST POST
    • JohnStar
    • By JohnStar 17th Jul 17, 2:23 PM
    • 15Posts
    • 3Thanks
    JohnStar
    PCN Newbie
    • #1
    • 17th Jul 17, 2:23 PM
    PCN Newbie 17th Jul 17 at 2:23 PM
    Hi all,

    I'm hoping you can help. I have received a very unofficial looking PCN 'invoice' which requires payment to 'Civil Enforcement'.

    How should I proceed please? Ignore or pay up? (it's now £100 as I've been sitting on it for a while).

    Thanks in anticipation
    Last edited by JohnStar; 17-07-2017 at 3:51 PM.
Page 2
    • Coupon-mad
    • By Coupon-mad 17th Jul 17, 6:55 PM
    • 48,883 Posts
    • 62,383 Thanks
    Coupon-mad
    Is there any point in appealing given that the car was erroneously not registered to be parked there?
    Originally posted by JohnStar
    You are overthinking this!

    CEL will cancel when they see the template appeal in blue writing in the NEWBIES thread. It really is 'one-size-fits-all'.

    No need to reinvent the wheel or discuss any issues/circumstances. Try it, now! You appeal as the registered keeper.
    Last edited by Coupon-mad; 29-07-2017 at 12:27 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • JohnStar
    • By JohnStar 17th Jul 17, 10:46 PM
    • 15 Posts
    • 3 Thanks
    JohnStar
    I have never appealed for anything before, so feel a bit nervous. I simply email them, with the text below - right?

    Dear Sirs

    Re: PCN No. ....................

    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.

    Yours faithfully,
    • Redx
    • By Redx 17th Jul 17, 10:49 PM
    • 15,158 Posts
    • 19,101 Thanks
    Redx
    I have never appealed for anything before, so feel a bit nervous. I simply email them, with the text below - right?
    Originally posted by JohnStar
    what does the pcn say about appeal methods ?

    if it says email , then yes , email it

    if it doesnt , and they usually dont allow emails , then follow the instructions on their pcn , with that BLUE TEXT template appeal
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • JohnStar
    • By JohnStar 17th Jul 17, 11:07 PM
    • 15 Posts
    • 3 Thanks
    JohnStar
    I can appeal via email, I was just checking that I had the correct text to send them
    • JohnStar
    • By JohnStar 18th Jul 17, 8:17 AM
    • 15 Posts
    • 3 Thanks
    JohnStar
    Thanks all, appeal lodged, I now await their reply ...
    • waamo
    • By waamo 18th Jul 17, 9:47 AM
    • 1,914 Posts
    • 2,299 Thanks
    waamo
    Get doing your research now. The appeal will be turned down (99% are at this stage) then you can win at POPLA. It really isn't too dificult.
    This space for hire.
    • JohnStar
    • By JohnStar 29th Jul 17, 10:44 AM
    • 15 Posts
    • 3 Thanks
    JohnStar
    I used the template and I've just received a letter to say that the charge has been cancelled. Thanks to everyone for your advice and patience!
    • Coupon-mad
    • By Coupon-mad 29th Jul 17, 12:28 PM
    • 48,883 Posts
    • 62,383 Thanks
    Coupon-mad
    Easy when you know how!

    Spread the word (although different companies need a different approach).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • JohnStar
    • By JohnStar 31st Jul 17, 11:09 AM
    • 15 Posts
    • 3 Thanks
    JohnStar
    Rather annoyingly, the keeper has received another PCN under identical circumstances for a few days after. Will the template work a second time?
    • Umkomaas
    • By Umkomaas 31st Jul 17, 11:15 AM
    • 14,016 Posts
    • 22,023 Thanks
    Umkomaas
    Rather annoyingly, the keeper has received another PCN under identical circumstances for a few days after. Will the template work a second time?
    Originally posted by JohnStar
    It might do - try it and see. Leave it a little while for the dust to settle on your previous interface with them, but do not miss their 28 day deadline.

    Will the template work a second time?
    What were you thinking of doing if we had said 'No'?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • JohnStar
    • By JohnStar 31st Jul 17, 11:26 AM
    • 15 Posts
    • 3 Thanks
    JohnStar
    It might do - try it and see. Leave it a little while for the dust to settle on your previous interface with them, but do not miss their 28 day deadline.
    How much dust settling time do you suggest? I appealed via email and will use a different address to appeal this time

    What were you thinking of doing if we had said 'No'?
    I thought you might say yes

    Thanks once again for everyone's help.
    • Umkomaas
    • By Umkomaas 31st Jul 17, 1:43 PM
    • 14,016 Posts
    • 22,023 Thanks
    Umkomaas
    How much dust settling time do you suggest? I appealed via email and will use a different address to appeal this time
    Maybe leave it until about a week before the expiry date for your initial appeal - normally for a BPA operator that's 28 days after the date of issue of the NtK, but do check the NtK for instructions.

    Good idea to use a different email addresss.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • JohnStar
    • By JohnStar 31st Jul 17, 10:32 PM
    • 15 Posts
    • 3 Thanks
    JohnStar
    I'm just about to embark on a journey abroad for almost a month, during which time I am almost certain to forget all about this, so rightly or wrongly, I have sent my email this evening. We will see ...
    • Mlliepcn
    • By Mlliepcn 11th Aug 17, 9:26 PM
    • 2 Posts
    • 0 Thanks
    Mlliepcn
    Confused about ref to contacting DVLA
    Hi

    I am hoping to use the template as provided here and on the Newbies sticky post, which i have read through from top to bottom . I'm just a bit confused with the paragraph saying "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"

    Surely the fact they have sent me a PCN (albeit 17 days after the incident and they have spelled my name incorrectly and used my middle name not my official name as DVLA would/should have given) shows that they have already contacted the DVLA?

    Am I missing something here? Sorry if this has already been addressed but this is now hour 4 of my research and I haven't found anything about it yet.

    Thanks in advance for any thoughts...
    • Redx
    • By Redx 11th Aug 17, 9:32 PM
    • 15,158 Posts
    • 19,101 Thanks
    Redx
    you have not checked my posts then

    as they have already done so, change it to the past tense , as in

    "Should you have obtained 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"

    http://forums.moneysavingexpert.com/showthread.php?t=5691536

    and

    http://forums.moneysavingexpert.com/showthread.php?t=5677701


    and please start a new thread if you need any more help , thank you

    Last edited by Redx; 11-08-2017 at 9:43 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 11th Aug 17, 10:30 PM
    • 48,883 Posts
    • 62,383 Thanks
    Coupon-mad
    Surely the fact they have sent me a PCN (albeit 17 days after the incident and they have spelled my name incorrectly and used my middle name not my official name as DVLA would/should have given) shows that they have already contacted the DVLA?
    No idea why people keep raising queries about that bit. For the love of God it's not saying they haven't contacted the DVLA yet, it is merely saying if the parking firm are shown to have obtained the data 'WITHOUT REASONABLE CAUSE' you reserve the right to sue them.

    The three words in capitals above are what it is really getting at, but it is such a minor query cropping up so often, that it's boring me senseless, so I think I will edit it.

    It's a one-size-fits-all appeal and if you want to adapt or edit it, then do so. Send what you like as an appeal at first stage, as long as you don't say who was driving.
    Last edited by Coupon-mad; 11-08-2017 at 10:32 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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