Civil enforcement ltd, do I pay?

Lisa_b_3

Oh and it was the DVLA who said CE had a permit to charge more so weren't breaking bpa code

Umkomaas

Lisa_b wrote: »

Oh and it was the DVLA who said CE had a permit to charge more so weren't breaking bpa code

I wasn't aware that DVLA had any locus regarding charging levels?

nigelbb

Lisa_b wrote: »

Oh and it was the DVLA who said CE had a permit to charge more so weren't breaking bpa code

I seriously doubt that the DVLA said precisely that. Please tell us exactly what the DVLA said.

The BPA CoP actually says:-

If the parking charge that the driver is being asked to pay
is for a breach of contract or act of trespass, this charge
must be based on the genuine pre-estimate of loss that
you suffer. We would not expect this amount to be more
than £100. If the charge is more than this, operators must
be able to justify the amount in advance.

There is no evidence that CE have justified a charge 50% higher than the maximum recommended. It also cannot be a genuine pre-estimate of loss as they are prepared to reduce it to £75 for prompt payment. If £150 were a genuine pre-estimate of loss they would be losing £75 every time they accepted the reduction.

trisontana

I agree , the DVLA has no interest with what a PPC can or cannot charge. Is the PPC telling porkies?

Lisa_b_3

I am assuming I have to write to CE first though and complain about the cost? Do I just appeal based on the high cost or admit liability and appeal on the basis that I took longer due to having the baby and my mum with me? Bearing in mind that my mum doesn't want to be involved and its her that has the disabled badge. And it's when they reject my appeal I go to popla? Am I getting that right..... Sorry to be dim!

Lisa_b_3

This is what the DVLA said
'A parking company can apply to the British Parking Association for permission to apply a charge of more than £100. Civil Enforcement Limited have applied for this permission and it has been granted. Therefore, they are not breaching the Code of Practice. If you feel that this charge is unfair, you should raise your concerns with the British Parking Association directly.'

trisontana

Both the BPA and the DFT both say that the "parking charge" should only reflect the actual loss that's been suffered . So how can this PPC justify that £150 charge, and why is the BPA going along with this charade.

hoohoo

This is actually 'good'...in a way. As CEL have applied to raise the charge above 100, then in your POPLA appeal you can also request sight of this paper trail between CEL and the BPA and they will have to provide it, or lose the case by default.

Normally POPLA fudge the cost issue, but since this is over £100 my guess is that they will not this time.

Lisa_b_3

Ok so I will write to CEL appealing against the notice. Ill appeal based on the fact that I feel it is unfair to be penalised for giving local businesses by custom and that I feel it is unjustifiably expensive.... Does that sound right? Thanks everyone for your help and support

Lisa_b_3

Just writing letter now, basically telling them I want it cancelled as I feel it's unfair to charge people such large amounts for shopping in local businesses, that I was having a bad day with the baby and was with a disabled 'friend' which is why it took longer and feel its unfair to charge someone for this (not to mention against the Equality act!) but also as I feel the costs are unjustifiably high. Based on the BPA limit of £100 how can they justify such a big cost, what evidence do they have to justify such a loss (especially when the carpark was just over half full on the day, they weren't exactly turning people away!) does that sound ok? When they reject it ill go to popla