Civil Enforcement Ltd PCN.

-Richie_Rich-

Hi all

I'm new to the Forum but I've been reading a lot of threads today to get myself up to speed. I just wanted to know if I'm correct in my assumptions and any pointers would be gladly welcome.

Just got a notice today from CEL for £100, reduced to £60 if I settle within 14 days. I over stayed a 2 hour limit while working on a job, I'm a Service Engineer and didn't realize about the parking restrictions.

It happened on 27/5/14, I contacted the Leasing Company that supplies my company car and they confirmed they received the NTK on the 12/6/14, subsequently the Leasing Company forwarded on my details to CEL. It took CEL 16 days to issue a NTK, then another 14 days to issue a PCN to my home address. My understanding is the ticket is invalid due to non compliance of the BPA Approved Operator Scheme code of practice which CEL belongs to, see below.

21.7
You must post the parking charge notice to the keeper
as soon as possible. Your target is to send the parking
charge notice to the keeper of the vehicle no more than
14 days after receiving the keeper data from the DVLA.

Thanks

-RichieRich-

Redx

its not invalid , it may not meet POFA 2012 so the RK may be exempt , in which case only the driver is liable, but its valid for 6 years

as you are the keeper or driver pofa 2012 isnt used anyway once they send the driver/keeper a pcn in their own name which they have now done

appeal as keeper using the template letter (adapted of course)

-Richie_Rich-

Thanks for the quick reply Redx, I'll need to do some more reading then!

Coupon-mad

-Richie_Rich- wrote: »

Thanks for the quick reply Redx, I'll need to do some more reading then!

Because we know CEL do not send compliantly-worded NTK letters, they can't have keeper liability anyway even if they'd met the deadline. But as you are the car's driver and day to day 'keeper' (as opposed to the registered keeper) as Redx says, the POFA 2012 doesn't feature. So the deadline is not relevant to you.

So appeal as the keeper using the template in the NEWBIES thread which I changed only the other day. It no longer says 'registered keeper' anyway, it says 'keeper' so you can use it as it is!

-Richie_Rich-

Thanks Coupon-mad, so this is the up-to-date template to use?

Dear Civil Enforcement Ltd,

PCN number xxxxxxx
I have received your parking 'invoice' impersonating a parking ticket. I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:

A) The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss to your company or the landowner.
You are not the landowner and do not have the standing to offer contracts to drivers nor to bring a claim in your own right.
C) Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract formed. This is a non-negotiated and totally unexpected third party 'charge' foisted upon legitimate motorists who are not your customers and are not parties of equal bargaining power. Therefore ALL terms are required to be so prominent and the risk of a charge so transparent that the information in its entirety must have been seen/accepted by the driver. No reasonable person would have accepted such onerous parking terms and I contend the extortionate charge was not 'drawn to his attention in the most explicit way' (Lord Denning, Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163, Court of Appeal): 'The customer is bound by those terms as long as they are sufficiently brought to his notice beforehand, but not otherwise. In {ticket cases of former times} the issue...was regarded as an offer by the company. That theory was, of course, a fiction. No customer in a thousand ever read the conditions. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling.'

As you have failed to create any enforceable contract I suggest that you cancel this unjustified 'ticket'. If not, under your Trade Body's current Code of Practice you must issue a rejection letter which, in order to answer my appeal, must include:

1. The legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee?). As keeper, I cannot be expected to guess the basis of your allegation.
(i) if alleging breach of contract, please supply a breakdown of your alleged 'loss' and state the intention of your enforcement (i.e. deterrent or revenue?).
(ii) if alleging trespass, enclose evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder.
(iii) if alleging 'contractual fee' I request a VAT invoice by return and your explanation of how you can allow drivers to park 'in breach' for a fee when your client originally contracted you in order to disallow and deter - not allow and profit from - unauthorised parking. I contend this charge is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal). Should you try to rely upon ParkingEye v Beavis & Wardley at independent appeal stage, I will of course point out that it was a flawed decision at small claim level so is not binding, and Mr Beavis is continuing his defence to the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.

2. Proof of your locus standi to offer contracts to drivers at this site and to bring a claim in your own right for this particular contravention. If you are not the landowner, I will need to see a copy of your contract, showing the restrictions, the charges, the dates and terms of business including any payments between yourself and your client and the definition of your status as agents or contractors and your assigned rights (if any). Such detail is necessary for me to make an informed decision. Failure to divulge your landowner contract (or heavily redacting it) will be deemed as withholding pertinent information and, of course, I will require it to be shown at independent appeal stage anyway. A witness statement will not suffice, nor a site agreement with a managing agent or other party who is not the landowner.

3. Your explanation of the consideration that you believe flowed from the driver, and from yourselves. Consideration from both sides is required for a contract.

4. A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.

5. The means to make an appeal to POPLA or the IAS. This must not be withheld or delayed, which would be a breach of the Code of Practice.

If you fail to simply cancel the charge or supply the means to independent appeal in your first reply you will also be reported to your applicable ATA and the DVLA. A certificate of posting will be obtained for all written communications for this appeal and complaint and I intend to claim my costs when I prevail.

Yours,

-Richie Rich-


From reading other threads is it worth getting the Company I work for to contact CEL? I was working in one of their shops at the time but I'm hesitant as they would name me as the driver & wouldn't be quick about it.

-Richie Rich-

Coupon-mad

Yes that's the new template appeal, send it off. And no, you won't need to involve the company. You will win if you follow our advice.

-Richie_Rich-

Thanks again, I'll get it sent asap!

-Richie_Rich-

Hi Coupon-mad

I've just opened a letter from Civil Enforcement Ltd confirming the cancellation of the PCN!!

This was just from the above template that you provided, I can't express how chuffed I am, thank you so much for your prompt & expert advice!!

Cheers

P.s. I would also like to thank Redx as well!!

Coupon-mad

Another one bites the dust!

Dee140157

It's another PSTITT. (Blame ColliesCarer for this one.)
Has something to do with towels...