CE Parking Charge Notice even when ticket was bought

RaeR

After reading through post #70 on that thread i cant see that any of those apply to us. Its so confusing......

Umkomaas

RaeR wrote: »

could i ask (and i understand ideally advice is to do it now/asap) but do you think itd be ok to come back in a couple of days and read through?
we had some bad news over the weekend and my head isnt in the right place to be trying to sort this out. I cant keep my head focussed on it.

For POPLA, just keep your eye on the ball regarding the deadline date. If you miss out on it you're in for a whole pile of stuff you can well do without, but do fit it in with your personal life. Don't become consumed by the PCN, and if you're needing a bit of time for things in your life to settle down and you've got time on the POPLA clock to spare, then take a break from it.

And don't forget there's always someone here to advise and reassure you, but please don't leave things until the last minute, unfortunately this is unlikely to go away and you need to give it your best shot while you can.

martmonk

RaeR wrote: »

After reading through post #70 on that thread i cant see that any of those apply to us. Its so confusing......

I'm not certain to what you are refering but if anything relating to my earlier post I'm simply suggesting that you fire off a nice email/letter to Euan Sutherland, outlining the circumstances as you have here and I would think it'll be cancelled for you.
[EMAIL="euan.sutherland@co-operative.coop"]euan.sutherland@co-operative.coop[/EMAIL]

Coupon-mad

RaeR wrote: »

After reading through post #70 on that thread i cant see that any of those apply to us. Its so confusing......

ALL of those points apply to a CEL fake PCN, and that's how to win at POPLA!

Anyway you have about 3 weeks now to use your POPLA code so come back in a week or so, don't leave it to the last minute. And do a quick email complaint to Euan Sutherland first, which is the EASY way to get this scam quashed.

RaeR

I have emailed euan sutherland second time today, no reply to last one. If he could get it cancelled that would help me so much right now


(i havent emailed twice today, i emailed the first time couple of days after we received the notice)

Coupon-mad

Even if he can't cancel it you will win at POPLA if you simply draft an appeal like the ones shown. We win 100% of the time at POPLA and CEL are EASY to beat. You can of course add at the start, your own points like this:

however 2 things are wrong about the 10 minute thing 1)the signs in the car park state that you get 45 mins free and 2)it wasnt humanly possible to get a ticket within 10 mins (even if that was the stated rules) as the queue was around 30 mins long (hubby was around 15 mins before he got to the machine)

BUT do not infer who was driving at all so you would write about 'the driver' in the third person (just like you see in the POPLA examples). And do not leave out paragraphs from the winning examples - if you aren't sure then make a long draft using an example from the link, then post it up here for us to check that it's a winner!

RaeR

thank you for that,
i just cant see in them any that are same/similar to ours

just read your edit, will do

Coupon-mad wrote: »

Even if he can't cancel it you will win at POPLA if you simply draft an appeal like the ones shown. We win 100% of the time at POPLA and CEL are EASY to beat. You can of course add at the start, your own points like this:



BUT do not infer who was driving at all so you would write about 'the driver' in the third person (just like you see in the POPLA examples). And do not leave out paragraphs from the winning examples - if you aren't sure then make a long draft using an example from the link, then post it up here for us to check that it's a winner!

Coupon-mad

i just cant see in them any that are same/similar to ours

You don't need a similar circumstance. Almost all fake PCNs are the same - most can be beaten with those paragraphs. Yours certainly can on the 'no genuine pre-estimate of loss' point alone (NOT that I suggest relying on one point at POPLA, just in case the assessor has a rush of blood to the head!).

RaeR

Thank you Coupon-mad

RaeR

Is this enough? or should i add more?

Re: Parking Charge Notice (POPLA REF:

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)

On ********* I was the registered keeper of vehicle registration number *********. As the registered keeper of this vehicle I dispute and deny the charge for the reasons set out below:

The £60 parking charge is Civil Enforcement Ltd is an unreasonable indemnity clause under section 4(1) of the Unfair Contract Terms Act 1977, which says:

Unreasonable

The £60 parking charge Civil Enforcement Ltd is imposing is an unreasonable indemnity clause under section 4(1) of the Unfair Contract Terms Act 1977, which says:

‘A person cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.’

those Regulations gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1)(e) "Terms which have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation." Furthermore, Regulation 5(1) states that: "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer" and 5(2) states: "A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the outcome”.


Genuine Loss.
In the unlikely event that Civil Enforcement Ltd do have full rights to make contracts with individual drivers, either on behalf of the landowner, then I would ask POPLA to request a breakdown from Parking Eye of the pre-estimate of loss in connection with this alleged contravention or trespass and how it has been calculated in accordance with the necessity to make a charge for a known financial loss to the landowner.

At the car park in question there is/was a sign which stated you get your first 45 minutes parking FREE, we got our ticket within 20 minutes of being in the car park.