Help! PCN From Civil Enforcement Ltd For Using Bookmakers?!

alexrtaylor

Dated: 27/11/2013
For: Civil Enforcement Ltd.

Dear Sir/Madam,
Re: (Ref number)


On (date) my vehicle (registration number) was parked at Marton Shopping Park, Marton, Middlesbrough.

When I received your letter dated (xx/xx/2013), I discovered a parking charge notice had been issued for my vehicle`s stay on that car park, while shopping/retail facilities were used. The parking charge notice stated that it had exceeded the 2 hour time limit allowed for parking there, but the driver had no idea that this was the case as it is not a pay and display car park and no tickets are bought or issued, so no display ticket is ever shown or received.
I believe my vehicle is not in breach of this contravention for the following reasons, mainly due to the fact that there are mitigating circumstances to explain why it was parked there for that length of time, and I would like to submit an appeal for the following reasons:
• The driver was visiting the shops on that complex on that day and paid/used services in Ladbrokes, which in total accounted for the vehicle overstaying. However, the driver was going about their lawful business according to the reason why the shops are there, and it is why the driver often visits that shopping complex with no previous issues over many years.

• The driver only stayed within the shopping complex and only visited the shops on that shopping park itself, namely Ladbrokes.
• The signage only states what to do if you know beforehand that you will overstay, but gives no indication of what to do afterwards and clearly you cannot make any restitution as it is not a pay and display car park. So although the intentions were honourable, I do agree that on that particular day it seems that giving the shops too much business has resulted in this overstay.
• The driver did not realise on that day that the vehicle had overstayed, but I believe that as the driver was out shopping there it is only fair and proper that in this instance you waive the charge because the vehicle was not depriving anybody of anything, especially not the landowner. Enclosed is a copy of a bank statement with transactions on from that day to show use of the shop services, and I will endeavour to obtain copies of betting receipts.
The bank statement and betting receipts validate my argument that the driver was using the services there (within the Ladbrokes shop), and that was the only reason for parking.
In light of the above, it is clear that I should not be held liable for the vehicular parking charge and I request that the parking charge notice is cancelled accordingly to promote goodwill between a legitimate shopper and the businesses on that complex, who pay rent and other charges to the landowner in order to encourage people to park, stay and shop, which is all they did that day. This is the only reason the car park and shopping centre exists (to attract shoppers).
I therefore ask you to cancel the parking charge notice to show goodwill on both sides. However, I must point out that if you were to not grant my appeal, I would require a POPLA reference as I would appeal to them in the light of my sincere intentions above, and I would also be asking them to cancel the parking charge notice as I do not believe the punishment here fits the “crime” and that the fees incurred are excessive and punitive in nature.

I would also like the full contact details of the landowner in case I need to take it up with them or to find out any contractual details as regards the shopping centre and parking rules. I would also like a copy of the contract allowing your company to collect parking charges on their behalf as their legal agent so I can study it when making my POPLA appeal. I would also like a copy of the actual legal contract between the landowner and yourselves so that I can again study it when making my POPLA appeal.

Lastly, I would like a full breakdown of the costs incurred by the landowner caused by the inadvertent breach of his or your rules, as clearly the charges you have imposed here are not relevant to my individual circumstances and seem to be punitive in nature instead of just claiming back “damages” for an inadvertent “trespass” on the landowners land whilst doing legitimate business in the shops there. These details will also be considered when I submit my POPLA appeal because I do not feel your “blanket charge” is reasonable, especially in this case as most pay and display car parks would warrant a £1 to £2 per hour parking charge at the very most.

Yours faithfully,
The Registered Keeper

alexrtaylor

Anything drastically need changing?!

Coupon-mad

I would that is far too long and grovelly for these scumbags.

Send a short version, nothing about mitigation, no explantion nor admission of any fault! Just the usual appeal points linked in the 'newbies, read this first! sticky thread.

alexrtaylor

The company are saying they need it sent in writing and they don't have an appeals email address.

Should I just send it to their customer services/enquires? or do I need to send a recorded delivery letter?

Coupon-mad

Not recorded delivery, just a normal 1st class letter and get proof of posting at the PO counter.

alexrtaylor

Is it a bad idea to send it recorded delivery? Just thought it was best for piece of mind.

Guys_Dad

They refuse to accept it. Send with a free cert of posting.

Umkomaas

alexrtaylor wrote: »

Is it a bad idea to send it recorded delivery? Just thought it was best for piece of mind.

Some PPCs refuse to accept signed for deliveries, so your money's wasted and your letter's undelivered.

Go with what Coupon says above.

alexrtaylor

Right thanks for the info. How will I know they've received it? I put sent recorded delivery on the actual letter, but does it matter then if I just send the letter via 1st class with a receipt?

Coupon-mad

No it doesn't matter what it says on the letter, stop worrying. You won't know when it is received but can safely assume the second working day after you sent it as the vast majority of 1st class post achieves that. Keep the certificate of posting, staple it to a printed copy of your letter, file it and wait...get on with your life until a reply arrives!