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Civil Enforcement Whitby Co-Op PCN

I have received a PCN from Civil Enforcement regarding parking at the Co-Op in Whitby. Although I had done nothing wrong, I guess now I foolishly wrote to them to explain I was the driver of the car that day (not the registered keeper) and was disputing the PCN. Apparently you had ten minutes from entering the car park to purchasing the ticket, this took closer to twenty minutes due to the fact the car park was rammed and after my mum waited in the queue for the ticket, we found out that you had to enter the vehicle reg into the machine (which she didn't know). The reason I didn't get the ticket was that I stayed at the car changing my young son. We purchased the ticket and the Co-Op member of staff who was stood helping out at the machine advised us to keep our ticket as it was 'likely we would get a PCN but if we kept the ticket it would be OK'. I did just this so wasn't really surprised when I got the PCN, but more surprised after I wrote to them explaining this and all the reasons why it had taken us approx 17 minutes from entering the car park to purchasing the ticket to then get a reply stating I had contravened the car park rules. I have since written to POPLA but have today received a 'red' letter from them stating the charge has increased and if we don't pay they will issue further proceedings which could result in us struggling to get credit in the future. I have tonight contacted the store manager at the Co-Op to see what their view is on the situation and he advised me that they no longer use this company due to these issues and said they were a total nightmare! Would like some advice as to my position if I ignore any further letters/threats and if this could in fact affect any credit files etc. Thank you in advance.

Comments

  • Coupon-mad
    Coupon-mad Posts: 148,337 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 November 2013 at 9:56PM
    1. Read the sticky thread 'successful complaints about PPCs' near the top of his forum and contact the Co-op Head Office or email the CEO Euan Sutherland (details on the thread) ...and add a moan on the Co-op's facebook page (and see Euan Sutherland's Twitter account):

    https://twitter.com/euansutherland

    I have since written to POPLA

    Oh dear, that doesn't bode well unless you already researched how to win. :(

    Have a look at the 'how to win at POPLA' and 'POPLA decisions' links in the sticky thread 'newbies, have you got a private parking ticket? Read this now!' and I do hope you haven't gone horribly wrong with a normal appeal of mitigating circumstances like you typed out above? IF SO YOU WILL LOSE AT POPLA.

    If so you need to read the info on that 'newbies' sticky thread, about how to win, re-write your evidence and send it sharpish to POPLA as 'additional urgent evidence for verification code xxxxxxxxxx'.

    Please don't ignore this, if you have sent a losing POPLA appeal follow it with winning evidence asking about their legal standing and authority from the landowner (especially in the light of the Co-op having dumped them as an agent) and say also that they have made no loss, had non-complaint signs etc, as you will find in the simple linked examples on the newbies thread.

    CEL do try court sometimes - don't give them an excuse to try by losing unnecessarily at POPLA stage. What a shame you also told them who was driving as CEL don't bother with POFA 2012 'registered keeper liability' and could only pursue the driver, who they didn't know until you told them. Ooops...so you must be proactive to sort this out.
    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
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Without reading your POPLA appeal, I am predicting it will fail as you will have explained what happened and expect them to be sympathetic.

    POPLA don't do mitigation. You win there by technical reasons.

    My advice to you now is to add a supplementary statement based mainly on the no genuine pre estimate of loss as well as the other points, but you Must get in the pre estimate of loss point at least.

    You will find suitable wording here. https://forums.moneysavingexpert.com/discussion/4816165 Paragraph 4

    Please do the reading recommended by c-m as well.
  • I think you will find that Euan Sutherland CEO of the CO-op will be sympathetic. Try him in addition.
  • Umkomaas
    Umkomaas Posts: 42,886 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As the Co-op gave sacked off CEL, I doubt that Euan Sutherland (or any other Co-op employee) will have any influence now on CEL.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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