Civil Enforcement LTD PCN for parking at Whitby Co-op

walke_mr

Looking for a bit of advice from this community on the below matter.

My family and I visited the above car park on Langborne Road in Whitby to use the Co-Op store.

We noticed the signage advising the carpark was free to use for patrons of the Co-Op so thought nothing more of it.

We have since received a letter from CEL demanding payment of £90 as we used the car park on the for an hour or if I pay within 14 days of issue £45.


We have proof by way of my bank statement that we used the Co-Op store twice during this time as we were using the car park and store as a rest stop, so I intend to send copies of my statements etc. to the Co-Op to register my dismay but any advice guidance you could offer would be greatly received as I have no idea how to contest this PCN.

The_Slithy_Tove

First, remove the dates, please, as it makes your case easily identifyable to CEL.

If they are claiming the PCN is issued under Protection of Freedom Act, they have missed the deadline. You must receive the PCN within 14 days. It took them 14 days just to send it, so they have failed.

That means they can only pursue the driver, and you're not going to tell them who that was.

Whitby Co-Op has come up quite recently. If you are local, go back and complain to them, and get them to cancel it.

Sounds like it was a "double dip". Do they claim you were parked from the first-in to last-out time, and conveniently forget you weren't there for most of the intervening time? If so, complain to the so-called ethical supermarket about the dishonest and entirely unethical behaviour of the scammers they contract.

You should appeal to CEL in simple terms (if it's a double-dip):

Dear peasants,

ref fake PCN XXXXXXX

The vehicle in question made two visits to the location that day. Your ANPR is clearly defective. Please review all movements of the car that day, and cancel the PCN. Otherwise provide me with a POPLA code.

P.S. As you have clearly obtained my details from the DVLA under false pretences, your unlawful request for keeper details is being reported to the DVLA and BPA.

bazster

I think what he's saying is that they sat in the car in the car park and went into the store a couple of times.

I'd write thus, shamelessly cribbed from someone on PePiPoo:

Dear Whatever

Re your speculative invoice blah blah blah.

For you to hold the keeper liable under POFA 2012 Schedule 4 you needed to deliver your invoice within 14 days following the alleged contravention, but you didn't even issue it until the 14th day - and the law presumes a further two working days for delivery. So it looks like you are SOL on this one.

If you choose to cancel the charge immediately you can take advantage of our 100% discount scheme and pay nothing more. However, should you prefer, you can send a POPLA code and pay them £27+VAT to cancel it for you.

Your choice,

Mr. R. Keeper

walke_mr

The_Slithy_Tove wrote: »

First, remove the dates, please, as it makes your case easily identifyable to CEL.

If they are claiming the PCN is issued under Protection of Freedom Act, they have missed the deadline. You must receive the PCN within 14 days. It took them 14 days just to send it, so they have failed.

That means they can only pursue the driver, and you're not going to tell them who that was.

Whitby Co-Op has come up quite recently. If you are local, go back and complain to them, and get them to cancel it.

Sounds like it was a "double dip". Do they claim you were parked from the first-in to last-out time, and conveniently forget you weren't there for most of the intervening time? If so, complain to the so-called ethical supermarket about the dishonest and entirely unethical behaviour of the scammers they contract.

You should appeal to CEL in simple terms (if it's a double-dip):

Dear peasants,

ref fake PCN XXXXXXX

The vehicle in question made two visits to the location that day. Your ANPR is clearly defective. Please review all movements of the car that day, and cancel the PCN. Otherwise provide me with a POPLA code.

P.S. As you have clearly obtained my details from the DVLA under false pretences, your unlawful request for keeper details is being reported to the DVLA and BPA.

Hi thanks for the reply, Ive removed the detail.

I dont live in Whitby so unable to call in though I will be emailing and contacting the store and customer services for assistance, we were just passing through and used the car park as a rest stop, we were in the carpark for the time indicated as we used the Co-Op then sat in the car and used the Co-Op again so the time on the letter is right from pulling in to leaving the car park which at the time was almost deserted with a boarded up guard house at the entrance so it didnt appear to be looked after or manitained at all so was very surprised to receive the letter as you can imagine.

walke_mr

bazster wrote: »

I think what he's saying is that they sat in the car in the car park and went into the store a couple of times.

I'd write thus, shamelessly cribbed from someone on PePiPoo:

Dear Whatever

Re your speculative invoice blah blah blah.

For you to hold the keeper liable under POFA 2012 Schedule 4 you needed to deliver your invoice within 14 days following the alleged contravention, but you didn't even issue it until the 14th day - and the law presumes a further two working days for delivery. So it looks like you are SOL on this one.

If you choose to cancel the charge immediately you can take advantage of our 100% discount scheme and pay nothing more. However, should you prefer, you can send a POPLA code and pay them £27+VAT to cancel it for you.

Your choice,

Mr. R. Keeper

Thanks Bazster, this is exactly the case we pulled into the car park went into the Co-Op got some items, sat in the car to consume said items then returned to the store to use the facilities and make some more purchases for the onward journey.

Coupon-mad

So you don't actually say any of that in your challenge of course. It should be as above, as already advised, in order to get a POPLA code.

But your easiest bet is to email the Co-op and complain - as discussed in this similar Co-op thread:

https://forums.moneysavingexpert.com/discussion/comment/62397439#Comment_62397439

and in this one, Kev2012 pointed out that Co-op member cardholders are actually shareholders of the Co-op. He got it cancelled after complaining to the Co-op via their website/facebook page (the local Store Manager having washed their hands of it):

https://forums.moneysavingexpert.com/discussion/comment/58293921#Comment_58293921

He also contacted his MP and the local paper ran an article about it!

:T

darwinjake

OK this is depressing to read that I'm not the only one

I have just received the noticed from the PPC about a supposed infringement at the Whitby store. I have tried to ring them but there is no answer except to pay.....
I rang the store but they said I needed to speak to the Co-op customer service line as they deal with all the complaints about parking. When I got through the the Customers Service it was like speaking to a robot as the guy just kept repeating that I needed to contact Civil Enforcement direct as the car parks were managed by them. I did point out that Civil Enforcement were managing the car parks on their behalf and as such they are responsible for their sub-contractors and couldn't just wring their hands of the situation. I also pointed out that the Co-op have the record in their till receipt that I was actually in the store and to prove to their sub contractor that the fine is invalid I would have to go back to the Co-op but this was lost in the translation to robot I think.

Does anyone know the email address of anyone in the Co-op who this can now be escalated to as they just stone walled me even when I asked to escalate it.

Also does anyone know the email for Civil Enforcement

Stroma

Please create your own unique thread to get individual advice - thanks
http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Coupon-mad

darwinjake wrote: »

OK this is depressing to read that I'm not the only one

I have just received the noticed from the PPC about a supposed infringement at the Whitby store. I have tried to ring them but there is no answer except to pay.....
I rang the store but they said I needed to speak to the Co-op customer service line as they deal with all the complaints about parking. When I got through the the Customers Service it was like speaking to a robot as the guy just kept repeating that I needed to contact Civil Enforcement direct as the car parks were managed by them. I did point out that Civil Enforcement were managing the car parks on their behalf and as such they are responsible for their sub-contractors and couldn't just wring their hands of the situation. I also pointed out that the Co-op have the record in their till receipt that I was actually in the store and to prove to their sub contractor that the fine is invalid I would have to go back to the Co-op but this was lost in the translation to robot I think.

Does anyone know the email address of anyone in the Co-op who this can now be escalated to as they just stone walled me even when I asked to escalate it.

Also does anyone know the email for Civil Enforcement

You will not be emailing CE and STOP trying to phone them! Appeal in writing if this was a postal Notice; read the forum, any threads on page one. Then start your own thread once you have informed yourself a bit more about this scam (read any current threads about any fake PCN like this - not just CE/Co-op threads).