Civil enforcement.

wendywindows

I have received a letter from civil enforcement for exceeding the time limit in a car park that I drove into, made a phone call and drove out again. As I did not get out of the car or turn my engine off I wondered if I should appeal with the defense that I wasn't actually parked, or is that irrelevant? or should I ignore?

Big_Bad_Dad

Firstly, do not worry because you owe nothing - no demand from that lot is binding.

I don't see how you could have exceeded anything, unless the limit were 25 seconds.

What was the limit and what are you accused of? What is their evidence? (e.g. photos of car arriving/leaving).

Big_Bad_Dad

And incidentally yes, it is a valid point that if you were not parked, you breached nothing. The time begins from when you get out of your car, not when their camera detects you. By the same token, the time ends when you return to your motor, not when you have driven off the premise and the camera records it.

wendywindows

Thanks for your reply Big Bad Dad, I think the camera must be at the entrance and got me entering and leaving as I didn't see anyone and the letter says they have photographic evidence. I was there for 12 minutes, I don't know what the limit is but I apparently exceeded it. Should I ignore or appeal?

Big_Bad_Dad

Oh no don't ignore! Only ignore windscreen tickets but not what lands on your mat!

Looks like this was a 10-minute maximum stay, do I gather this was a Pizza Hut for customers only? Something along those lines usually.

Well, you never parked, you had to stop somewhere to speak on your phone and the place needed to be safe otherwise you'd have been committing an offence.

Write to your antagonist apologising, explain the circumstance, tell them that what they seek is NOT a genuine pre-estimate of loss and that as far as you are concerned it is "case dismissed".

Await for their sob story rejection which will include a POPLA reference number, then just before making a representation there, come back to this thread and I or the other regulars will help you build a rock solid statement which will hit the parking company for six. The non-losses argument does this anyhow but it is always best to hit as hard as possible.

wendywindows

Thanks for your advice, I will send off my letter and seek your advice when the reply arrives.

Redx

you have to be given enough time to comply with the notices, or leave, so you complied withe the "grace period"

Stroma

Appeal it on these grounds, and read this thread

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

Dear Civil Enforcement ,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to you company is denied on the following:

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location
4) no sufficient grace period has been given

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter, or the popla code to appeal.

Faithfully

wendywindows

Many Thanks Stroma,
Letter sent.

Coupon-mad

And here's a version of a Civil Enforcement POPLA appeal for you to adapt to suit. It will win:

https://forums.moneysavingexpert.com/discussion/comment/63291442#Comment_63291442

We win 100% of POPLA appeals here...spread the word. Happy New Year!

wendywindows

Thanks Coupon-mad,
When I get to the popla appeal stage should I make any reference to the fact that I did not technically 'park' or is it irrelevant?