Parking Charge Notice - Civil Enforcement Ltd

munro1

I have just received a demand for £60 from Civil Enforcement Ltd for parking next to Crawley train station. I couldn't get through to them on my phone when I arrived but got through and paid when I returned 25 minutes later.

As I understand it I have three options to avoid paying them:

1. Ignore them completely
2. Appeal the matter with them and POPLA
3. Write to them saying I have no intention to pay or respond to them again.

Has anyone had any dealings with Civil Enforcement Ltd and can they advise on the above or suggest anything further?

Many thanks.

Dee140157

If I was doing an exam and ticked option 1 or 3 I would fail. Option 2 slightly ambiguously worded.

Has anyone had any dealings with Civil Enforcement Ltd and can they advise on the above or suggest anything further?

I suggest you read the Newbie thread at the top of this forum and see which option I would chose and how to go about

munro1

Thanks for your reply. I am determined not to pay this firm anything. I cannot see them taking me to court for £60 or £100.

I read somewhere that if i request POPLA details from them they will probably drop this. Does anyone have any experience with this firm?

Dee140157

This is a parking charge forum, there are very few companies people have not had experience with.

All is explained in the Newbie thread, which you haven't had time to read fully since I last. Posted. There is even a CEL POPLA template for later use. But you are not at that stage yet.

And no requesting a POPLA code from CEL will not make them drop this, they are probably the second or third most litigious parking company there is.

If you type CEL into the forum search you will get 12 pages of results, many of which are fighting court cases. So get reading and appealing.

munro1

Thanks Dee, I had already read it.

Does anyone else have any advice regarding Civil Enforcement Ltd?

amronandmonty

I've submitted two appeals to POPLA for PCNs issued by CEL. I followed the excellent advice on here, CEL did not respond to my appeals so I won both. The advice on here is spot on, do as the regulars on here say and you will win

munro1

Thanks Amronandmonty, I have been looking at the appeals process.

Please can you confirm on what grounds you appealed and roughly how long each took?

Many thanks again.

ColliesCarer

Hi Munro1,

The grounds for your initial appeal are in the 1st appeal template letter (in post #1 of the NEWBIES thread). Nothing else is needed at the first appeal stage.

Follow the advice in that thread as already advised.

Also, if you received a windscreen notice (as long as it's not a company/hire/lease car) wait for the postal notice to keeper, NtK, before appealing using the template.

bazster

munro1 wrote: »

Thanks for your reply. I am determined not to pay this firm anything. I cannot see them taking me to court for £60 or £100.

I read somewhere that if i request POPLA details from them they will probably drop this. Does anyone have any experience with this firm?

CEL issues numerous court claims. I am aware of only one occasion where it went to a hearing: CEL lost, appealed, and lost again.

Every other case I'm aware of CEL has pulled out at the last minute when faced with a robust defence.

munro1

Thank you Colliescarer and Bazster.

There was no windscreen notice so am I correct in thinking I can write to Civil Enforcement Ltd now saying I refuse to pay?

Also, please can you confirm if the template below is the correct one?

Many thanks to you both again.


Dear Sirs

re PCN number xxxxxxx

I have received your parking invoice impersonating a 'parking ticket' and will be complaining in the strongest terms to your client since I am no customer of yours and no longer one of theirs, now. No doubt you convinced them that your operation is some sort of 'parking space maximisation scheme' when it is nothing of the sort and is simply there to maximise your own profits.

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.

B. You are not the landowner and do not have locus standi.

C. Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract.

If you choose not to cancel this invoice you must issue a rejection letter in reply to my appeal, explaining:

1. The legal basis of your charge (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation. If you try to rely upon ParkingEye v Beavis at POPLA, I will point out that it was a flawed decision, it is not binding, and it is set for 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.

3. Your explanation of the consideration that you believe flowed from the driver, and from yourselves.

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, otherwise you will be reported to the BPA and the DVLA.

A certificate of posting will be obtained for all my written responses and I intend to claim my costs when I prevail.

Yours faithfully

Dee140157

Yup that is the shortened template linked to from the Newbie thread. Send it off.