Civil Enforcement - Bury St Edmunds

Stroma

Well done to you can you post up the wording here, it will help people as they can see an appeal that worked.

huddsmoose

Letter 1:

Dear Sir/Madam,

Ref: PCN xxxxxxxx


I am writing as the registered keeper of vehicle xxxxxxx to challenge the above ticket. I refer you to the consequences of Halsey v Milton Keynes General NHS Trust if you refuse to consider a challenge outside your normal deadline.

You are a member of the British Parking Association and in order to establish the Registered Keeper's address, you have to comply with the BPA Code of Practice and Protection of Freedoms Act 2012.

The BPA Code of Practice clearly states the following:

19.7 If prompt payment is made (defined as 14 days from the issue of the parking charge notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost should be by at least 40% of the full charge.

Your charge of £100 reduced to £75 for prompt payment does not comply with the BPA Code of Practice.

Under these circumstances, I reserve my right not to identify the driver and ask that you cancel the PCN immediately or, if you refuse to do so, send me a POPLA validation code so that I may take this up with the independent appeals service.

I reserve the right to add other appeal points should a POPLA appeal be required.

huddsmoose

Letter 2:

Dear Sir/Madam,

Ref: PCN xxxxxxxxxx


I write in response to your letter dated xx/xx/2013, refusing an appeal against the above noted PCN.

There is nothing whatsoever to prevent your company from accepting an appeal at any stage. I am aware that in many cases in the public domain, private parking companies have issued POPLA codes much later than your self-imposed 28 days guideline and indeed POPLA have confirmed that a code can be issued by the operator at any time.

Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules, as well as evidence of Civil Enforcement Ltd failing to mitigate your alleged loss.

As far as I am concerned, I have made a valid challenge (xx/xx/2013). If I do not receive a clear rejection, along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed.

Yours faithfully,

Coupon-mad

Well done - I have added a link to this thread, to the NEWBIES FAQs sticky. People who think they are 'too late to appeal' can learn from you!

kokoti

huddsmoose wrote: »

Letter 2:

Dear Sir/Madam,

Ref: PCN xxxxxxxxxx


I write in response to your letter dated xx/xx/2013, refusing an appeal against the above noted PCN.

There is nothing whatsoever to prevent your company from accepting an appeal at any stage. I am aware that in many cases in the public domain, private parking companies have issued POPLA codes much later than your self-imposed 28 days guideline and indeed POPLA have confirmed that a code can be issued by the operator at any time.

Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules, as well as evidence of Civil Enforcement Ltd failing to mitigate your alleged loss.

As far as I am concerned, I have made a valid challenge (xx/xx/2013). If I do not receive a clear rejection, along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed.

Yours faithfully,

This is the reply i received after following that steps below.


Dear name



Regarding your below correspondence may I take this opportunity to inform you that nowhere in your original appeal did you mentioned that you were not the driver of the vehicle in question at the time of this incident, therefore one must assume that you knew of the parking charge notice placed on your vehicle. Furthermore, as a registered keeper of the vehicle in question you are bound by law to inform TNC, the debt collecting company representing P4Parking the company that issued the parking charge notice. Failure to do so will resulting TNC pursuing you for the outstanding parking charge notice.

Having read your comment regarding POPLA we are satisfied that your statement is incorrect and we will instructing TNC to pursue the outstanding parking charge notice.

P4Parking intends to use your original appeal in any further challenge by you or any representatives of yours that may occur following this final correspondence regarding this matter.



Please do not reply to this message via e-mail. This address cannot help with questions or requests.



Kind regards,

Appeals Department

E-mail: appeals@p4parking.co.uk



ANY HELP PLEASE !!!!!!!!!!!!

bazster

Please start your own thread. This one is important if it's linked from the sticky and it shouldn't be cluttered up with other people's cases.

Coupon-mad

Furthermore, as a registered keeper of the vehicle in question you are bound by law to inform TNC, the debt collecting company representing P4Parking the company that issued the parking charge notice.

That's impersonating authority they don't have - saying a person is bound by LAW to do something they are not?! Needs a complaint to the BPA by email (see the NEWBIES sticky thread at the top of this forum, post #6 for the BPA Email address). Complain. Start your OWN new thread if you then need more help. You can click back to page one with ONE CLICK. See my signature below which tells you where to click in the breadcrumb trail link at the top of this page.