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Help needed - just got POPLA code

Hi there

I have just received my POPLA code from Civil Enforcement Ltd and would like some advice as to how to write my appeal as I think I got things wrong in my Soft appeal e.g by not using the third persona and admitting to being the driver.

I have reviewed various posts before but don't seem to find one specifically relating to my position - hence post.

on 13 Aug I was driving my husbands company car and took my two kids to Horfield Leisure Centre to use the scooter park, go swimming and use the cafe. We stayed over three hours, which I know now is the free parking limit. I wrote to CE Ltd explaining it was the summer hols, we were using the facilities, following Bristol City Councils remit of "being active" and also stated I thought the parking charges of £75 were exorbitant, unreasonable and punitive.

CE Ltd have replied mentioning a "store" ie not reading my letter that it is a leisure centre and reiterating the "signs clearly stating 3 hour free stay allowance". I also wrote to the Leisure centre manager complaining - but have not got a reply!

They have "kindly" extended the time allowance to apply at the orginal reduced charge (£75) by a further fourteen days but I feel really incensed by the injustice of it all.

Any advice on specific wording would be gratefully appreciated :)

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 22 September 2013 at 7:28PM
    Firstly, don't beat yourself up about identifying yourself as the driver - where the vehicle was a company car, that is exactly the right thing to do (otherwise there is a risk that the company will pay the charge and deduct it from your husband's wages).

    Secondly, have you been back to the Leisure Centre and complained personally about the fact that you were a genuine customer and you have been penalised for using the Leisure Centre facilities? If not, then do that now as there is often an unpublicised agreement that charges against genuine customers will be cancelled. If you still have receipts or credit card statement as proof of payment, take that with you, but if not, don't let that stop you.

    See C-M's records of organisations that have cancelled charges for customers

    https://forums.moneysavingexpert.com/discussion/4766249

    If the leisure centre manager will not help, escalate your complaint higher up and also ask for the name and address of the landowner and complain to them.

    Re your POPLA appeal go to the POPLA Decisions thread and starting with the most recent, work backwards and read and familiarise yourself with the decisions. You will soon see what points win at POPLA. You don't need to go back more than three months or so. Also do a search for POPLA Appeal, and you will find lots of examples on the threads. Then prepare your own draft appeal and post it here for the regulars to check it over.

    hth

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Have a look at this appeal on here Post #70. It gives you an idea of what you need to include. Obviously tailor it to your own case and omit the irrelevant points.

    https://forums.moneysavingexpert.com/discussion/4717353

    Then come back with your appeal before you send it.
  • Don't waffle.don't use mitigation and nothing that happened on the day!
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Thanks everyone for really useful advice. I will see the manager tomorrow and see if they can get the charges dropped ( I do have the relevant bank statement to back up claim of using facilities), read the threads (post 70 looks v useful), draft a response and not waffle.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Remember to come back and tell us what happens at the leisure centre - if you get the ticket you will gain a place in C-M's Hall of Fame!

    If you do end up appealing to POPLA post your draft here before sending it, and someone will check it over for you. Also keep an eye on the deadline as it is strictly applied.

    D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Good news - went to speak to Leisure Centre Manager this morning who was very nice and said he would write to CE Enforcement Ltd to get the notice rescinded! He took a photocopy of the letter and said don't pay it, or do anything and that it may take up to 10 days but he would email me when something came through. Naturally, I am delighted about this but want him to confirm it in writing, so have just sent an email as such.

    To all newer newbies out there - speak to the manager in the first instance as it may stop it in its tracks immediately; I wish I had - thanks LazyDaisy for the advice.

    I will keep you informed of what happens next
  • Coupon-mad
    Coupon-mad Posts: 149,565 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Stottie wrote: »
    Good news - went to speak to Leisure Centre Manager this morning who was very nice and said he would write to CE Enforcement Ltd to get the notice rescinded! He took a photocopy of the letter and said don't pay it, or do anything and that it may take up to 10 days but he would email me when something came through. Naturally, I am delighted about this but want him to confirm it in writing, so have just sent an email as such.

    To all newer newbies out there - speak to the manager in the first instance as it may stop it in its tracks immediately; I wish I had - thanks LazyDaisy for the advice.

    I will keep you informed of what happens next



    Well done! :T

    This looks like a successful complaint so I have added a link to your thread on the 'Hall of Fame' sticky thread of complaints about PPC scams here:

    https://forums.moneysavingexpert.com/discussion/4766249

    The more complaints about fake PCNs to the 'hands that feed them' (retailers, landowners, hotels, leisure park managers, etc.) the better!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Good news. Just had confirmation from the Leisure Centre stating my penalty has been cancelled - see below for exact wording.

    "I have had confirmation from the car park company that your fine has now been cancelled. You should receive written confirmation from them in the post shortly".

    Just goes to show that going directly to the Leisure centre, speaking to manager etc etc does work. Thanks to all who responded to my plea...
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