What to do?? Parking charge notice from CEL

Josie_10

Hi there, please can you give me some useful advice, very confused on what I should do. Received a pcn from CEL, have done some research and found out that this is not enforceable, etc, and came to the conclusion that I'll ignore it, but now I'm not so sure!!!!! Thank you

bod1467

Where did you do the research to come to the Ignore conclusion? What dates were on the information you read?

(You can't have researched much here on MSE. Or if you did you looked at VERY OLD posts. We have NOT advocated the Ignore approach for AT LEAST ONE YEAR now).

Your starting point is the thread referenced in my signature below.

Josie_10

Thanks for your prompt reply. It was on various forums (including this one), and yes old threads. I decided to register this morning and noticed newer posts with different advice - not to ignore. Just wanted to get it clarified. Thanks so much

Josie_10

Sorry, not sure how to pick up the thread you suggest

Stroma

We need further details

1) when did you get the notice to keeper?
2) is this england or wales?

https://forums.moneysavingexpert.com/discussion/4816822

Redx

its the sticky thread marked NEWBIES - READ THIS by coupon mad at the top of this forum

there are about half a dozen of them stuck to the top of the forum so that newbies like yourself cannot miss them and should read them, unfortunately 99% of newbies fail to read them and do miss them (reading old rubbish instead), but especially NOT the one they should have read

as for your question, you copy and paste the link into a web browser address bar, the link is in my sig too

good luck

Josie_10

Thanks, I have read through all the advice and information and there is one point in which I can appeal. The incident took place on 26/11, the PCN was dated 10/12 (14 days after incident) and I received in post on 17/12 (17 days after incident) is this grounds for appeal? I read that it needs to be received within 14 days. Is this correct???

Umkomaas

Josie_10 wrote: »

Thanks, I have read through all the advice and information and there is one point in which I can appeal. The incident took place on 26/11, the PCN was dated 10/12 (14 days after incident) and I received in post on 17/12 (17 days after incident) is this grounds for appeal? I read that it needs to be received within 14 days. Is this correct???

If ANPR camera capture and NtK through the post which cites the Protection of Freedoms Act 2012, then it's 14 days. But just one appeal point ......... of many possibles, including:

1. No genuine pre-estimate of loss (GPEOL)
2. Signage
3. No proprietary interest in the land
4. No Contract with landowner
5. Trespass
6. Unlawful Penalty Charge
7. Business Rates
8. ANPR Accuracy

So you need to challenge the NtK on the basis of a couple of these and the 14-day rule, which will inevitably be rejected (hopefully with a POPLA code - but you may have to badger them to get that), then you work the other appeal points into your POPLA appeal.

All above covered in the NEWBIES and POPLA Decisions stickies at the top of the forum index.

HTH

Don't do POPLA without further reference back here.

SevenTowers

Josie_10 wrote: »

Thanks, I have read through all the advice and information and there is one point in which I can appeal. The incident took place on 26/11, the PCN was dated 10/12 (14 days after incident) and I received in post on 17/12 (17 days after incident) is this grounds for appeal? I read that it needs to be received within 14 days. Is this correct???

Firstly, you haven't confirmed if you are in England/Wales as this dictates whether or not you can use POPLA.

Don't worry about dates to challenge the ticket, you are going to challenge their legal right to issue such tickets.

Read the Newbies thread!

https://forums.moneysavingexpert.com/discussion/4816822

Redx

the reasoning behind the above posts by stroma and seventowers is in this scenario here

https://forums.moneysavingexpert.com/discussion/4835943

its not about what you did, or think you did, or didnt , do, the circumstances are usually irrelevant , so you dont try to excuse whatever the pcn says you did, or didnt , do

you make them prove they had the right to issue it under the various laws and codes of practice , that everything they say is proven and valid, when you only need one valid point to have the appeal allowed and the charge waived (in england and wales anyway)

do not focus to much on the circumstances, unless they are really valid, as popla DO NOT normally consider mitigation, nobody that we know of has ever won on mitigation

most cases are won on the simple premise of "the punishment does not fit the crime" , even if they have the right to actually issue any ticket !

read the popla wins thread to see why, bearing in mind most of the people who won at popla probably went through the same heart searching and stress as you are

4consumerrights

Also do not forget to complain to the landowner/retailer - again this is covered in coupon's sticky newbie thread and also Successful complaints....... thread.

Can you confirm if the NtK mentions POFA 2012 or not and what the alleged contravention is please? - i.e. not paying/displaying or overstaying free parking.

Also can you please confirm if the parking event happend in England or Wales?

Letter to CEL can be adjusted depending on answers above.

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