Civil Enforcement Ltd

Umkomaas

pointy_sticks wrote: »

Thank you SO much for your response. I feel a lot calmer now. Are you able to tell me at what time ( date ) I would have to send the appeal if I hear nothing from them? I don't want to miss the chance of getting the POPLA code as I WILL fight if necessary.

Have they given you a date (or a number of days - most give 28, but not all) by when an appeal should be made? It will be somewhere in your Notice to Keeper letter.

Whilst they might try to dictate a date/number of days, this is not backed up by any legal or Code of Practice requirement. Don't panic, just see how things pan out over the next few days.

Coupon-mad

pointy_sticks wrote: »

Thank you all for your great advice. I have spent the past few days on this site and also trying to get some help from the Co-op regarding this parking charge. The helpdesk at the Co-op told me today that they have contacted CEL asking for this parking charge to be cancelled. ( It appears that they are sending these requests daily in bulk to CEL. Such is the scale of people that have fallen foul of their parking conditions) The Co-op told me that CEL will write to me to confirm once they have cancelled the charge.

My question is, can I now confidently ignore the parking charge or should I still send off my appeal? What would happen if I hear nothing from CEL?( Original parking charge notice received 03/10/13.)

You should hear from CEL in a week or so and you can appeal up to day 28 - shouldn't be necessary by the sounds of this. Co-op have sorted it but they still need to know that this protection racket is driving away customers (think how many little old ladies get scared and pay. It is NOT ON, customers should not have to suffer this harassment and intimidation at all!).

Anyway it sounds like a result for you, so I have added your success here for other newbies to read about:

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

:T

pointy_sticks

I have received a letter today relating to the parking charge notice issued by CEL. I was under the impression that the Co-op were getting this charge cancelled but the letter states that their appeal on my behalf has been declined by CEL on the basis that a ticket wasn't purchased within 10 mins as stated on the signage. This reason wasn't mentioned on the original notice.

I am furious!! I have contacted the Co-op today and they are no longer willing to help stating that CEL have the final say. I pointed out that CEL work for them but to no avail.

I will now have to make my own appeal but have no idea how to word it. I have listed what I feel is relevant below but would be so grateful for any advice that anyone could offer.

1. 10 mins is not enough time. The car park was huge and then we had to join a queue at the machine. We are elderly so take a little longer than some.

2. There was no assistance available. We made an error with the input of the car registration number. The sun was shining on the screen of the machine and it was noticed when the ticket was issued. We sort assistance at the helpdesk in the Co-op store.

3. There was no loss. We purchased another ticket to park for 4 hours but only stayed 2.5 hours. We didn't keep the ticket unfortunately but I suspect that they have now found a record of this as there reason has changed to the 10 min rule.

4 The charge is punitive. It now stands at £90. Up from £45 owing to the delay in seeking help from the Co-op. They suffered no loss either.

I suspect that they are completely ignoring the fact that we purchased a valid ticket and using the problems we had in purchasing the first ticket because they can. Easy money! The whole thing was completely out of our control and we did our best to do the right thing by purchasing a second ticket.

I'm not sure how to put all this in an appeal and hope that someone could offer some help.

Thank you so much for taking the time to read this and for any help offered. I'm very grateful.

Guys_Dad

What you need to understand is that the Paring companies rely on people paying their ridiculous penalty charges (for that is what they are) to maintain their business.

It is not in their interests to cancel the charges unless they are compelled to. Most of the time, motorists are "guilty as charged" and many have good mitigating circumstances. PPCs don't care - they are the original "Computer says no".

So, we use POPLA to get the charges cancelled and have a number of appeal points that are winning 100%. But we need to get you to POPLA and that means getting a POPLA code from the PPC.

So, assuming that we are still within the appeal period, and if the letter was dated 4th October we are, you write an appeal saying

I am the registered keeper and am appealing against the charge for the following reasons

1. 10 mins is not enough time.. The car park was huge and then the driver had to join a queue at the machine. He and his passenger are elderly so take a little longer than some.

2. There was no assistance available. The driver made an error with the input of the car registration number. The sun was shining on the screen of the machine and it was noticed when the ticket was issued. He sought assistance at the helpdesk in the Co-op store.

I would, therefore, be grateful if you would cancel the charge or, failing that, please send me a POPLA code so that I may put my case to the independent adjudicator.

This will probably be rejected but you should get a POPLA code. If you don't get back on here and we will advise next action.

If you do, again come back for a proper appeal to POPLA, but please don't do it without our help as reasonableness and mitigation equals a POPLA loss.

Stroma

The tail wagging the dog with the coop, concentrate on getting this appeal to cel first and costing them money by going to popla when they reject. Once you've sent off the appeal go back to the coop if you feel bloody minded.

Send them a notice before claim, saying that you will take legal action against them because their agents are harassing you which is unlawful. Say that if they refuse to get this charge cancelled you will issue against them. You need to send it to their registered address.

pointy_sticks

Thank you very much Guys Dad and Stroma for taking the time to reply.

I've written out my appeal to CEL and will post it out tomorrow. Do I need to send it by recorded delivery to ensure that it's received or will normal post be OK?

Will we eventually have to attend some form of court? The reason I ask is because my husband is very unwell and I'm sure that having to speak in that way would be beyond him. It is all very scary I must say. I feel a lot more positive knowing that I have your support but we are very stressed none the less.

Stroma

Just get a proof of postage from the post office, it's free. And it will not go to court as you will win at popla, just another email to send, wait a couple of months for the victory.

The end

Coupon-mad

pointy_sticks wrote: »

Thank you very much Guys Dad and Stroma for taking the time to reply.

I've written out my appeal to CEL and will post it out tomorrow.

Just to check, this rejection letter you got, is it from CEL?

Surely it already gives you a POPLA code then, a 10 digit code? If so, you must appeal to POPLA and it is NOT to be written as short as the above appeal.

pointy_sticks

Thank you Coupon-mad for your concern. No, the letter was from the Co-op Customer Service Dept telling me that, although they had appealed to CEL on my behalf as a matter of goodwill, they were unsuccessful. When I phoned them they just kept repeating that I had to take my issues up with CEL and there was nothing they could do. Quite terse really. So much for the customer "service"

Stroma

They actually said that in writing? They are the bloody principle in this, meaning they call the shots not some poxy parking company who doesn't own the land! Honestly you need to be firm with the coop and send them something that will focus their minds on this.

But don't forget to do the appealing to cel and popla as well