Civil enforcement ltd strikes again

samabbey4

Hello, it's my first time on here.

I received a parking ticket through my door for £100 from the company civil enforcement LTD.

I HAD paid for my ticket via calling the number and paying via bank card (the bank has also confirmed this) also all my phone calls are automatically recorded and when listening to the phone call I've noticed that the automated voice has picked the last letter of my reg plate wrong! as I'd literally bought the car weeks before when it read the reg plate back I've confirmed it! it was a very windy day also so maybe i didn't hear correctly? and the phone call was 5 minutes long and I was in a mad rush.. :mad::mad:

Anyway after researching the company it seems I'm not the only unlucky one!

I'm a bit unsure on what to do as there's so much different advice. Do I...
1. Send to them the template on this website, does that still work?
2. Completely ignore them
3. Ring them and tell them the truth on what has happened?
4. Pay the fine

I'm a Uni student with a young baby, I really do not want to end up in court for this however I do not feel like I should pay and dreading the following letters I think I'll receive:(:(

Thankyou!

Fruitcake

samabbey4 wrote: »

Hello, it's my first time on here.

I received a parking ticket through my door for £100 from the company civil enforcement LTD.

I HAD paid for my ticket via calling the number and paying via bank card (the bank has also confirmed this) also all my phone calls are automatically recorded and when listening to the phone call I've noticed that the automated voice has picked the last letter of my reg plate wrong! as I'd literally bought the car weeks before when it read the reg plate back I've confirmed it! it was a very windy day also so maybe i didn't hear correctly? and the phone call was 5 minutes long and I was in a mad rush.. :mad::mad:

Anyway after researching the company it seems I'm not the only unlucky one!

I'm a bit unsure on what to do as there's so much different advice. Do I...
1. Send to them the template on this website, does that still work?
2. Completely ignore them
3. Ring them and tell them the truth on what has happened?
4. Pay the fine

I'm a Uni student with a young baby, I really do not want to end up in court for this however I do not feel like I should pay and dreading the following letters I think I'll receive:(:(

Thankyou!

1. Yes, and yes.
2. NO! The information on this website tells you this.
3. NO! The information on this website tells you this.
4. NO! The information on this website tells you this, and it is not a fine, it's a speculative invoice.


Assuming this is in England/Wales, send the first appeal to UKPS using the template in the Sticky thread for NEWBIES.


This WILL be rejected but you then send a second appeal to PoPLA using the code that the PPC MUST supply with the rejection letter.


Provided you follow the advice in the NEWBIES thread you WILL win and this will never get anywhere near court.


In your appeal do not say who was driving no matter what the PPC may say. This assumes it was not a hire/lease car but you are the registered keeper. Do not use mitigation as it won't work.


Have a good read of the NEWBIES thread and don't panic. You WILL beat this scam.

ezerscrooge

Send them the template appeal. You can add in the fact that the system recorded your number wrongly, but don't remove anything from the template..

Don't even consider paying it.

And itis not a fine - justa speculative invoice that you will defeat.

Fruitcake

ezerscrooge wrote: »

Send them the template appeal. You can add in the fact that the system recorded your number wrongly, but don't remove anything from the template..

Don't even consider paying it.

And itis not a fine - justa speculative invoice that you will defeat.

Yes, add this as an extra appeal point to show that the system is not fit for purpose.

samabbey4

Thankyou for the fast replies. Does anyone have a idea of how to word it without mentioning i was the driver?

samabbey4

I'm literally not sleeping properly worrying that much!

Fruitcake

samabbey4 wrote: »

I'm literally not sleeping properly worrying that much!

There is no need to worry. MSE has a 100% success rate in beating these tickets where posters follow the advice on here.

Fruitcake

samabbey4 wrote: »

Thankyou for the fast replies. Does anyone have a idea of how to word it without mentioning i was the driver?

There is a template appeal in the NEWBIES thread. Have you found it yet? It's at the top of the main Motoring/Parking Tickets page, second thread down I think. Just copy the template making sure you use words like, the driver did this, the driver parked there, not, I did this or I parked there.


Calm down, have a brew, and spend some time reading the NEWBIES thread. You only need the bits relevant to you at the initial stage so you don't need to worry about a lot of the stuff.


You WILL beat this and it will cost you absolutely nowt.


It would help if we had a timeline such as when the incident occurred, and when you received the PCN.

Fruitcake

Here you go. Please read the NEWBIES thread first,


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


... but this what the first appeal looks like in that thread.



Bloggs PPC
Anystreet
Anytown


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on the following grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is an unrecoverable penalty and not commercially justified.
b). The signage is insufficient, the risk of a charge is not transparent and the wording is ambiguous.
c). There is no evidence that you have any proprietary interest in the land.
d). Your written 'notice' fails to comply with the POFA 2012.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

The purpose of this communication is threefold:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn in the absence of evidence. As such, you must either rely on the POFA 2012 or cancel the charge if you cannot claim keeper liability. Please uphold this challenge or send a rejection letter, so I can escalate this appeal to the independent appeal service offered by your Trade Body.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal costs. Equally, I have incurred costs to date, for researching the law, reading your Notice and responding, despite a lack of contract. I calculate both my costs and yours to be under £15 at this early stage, therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my expenses.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged contract which was never properly offered or explained by you. The charge is not acknowledged, is not due and no 'service' from you was ever expressly requested by the driver or by me. Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract and it is not for me to reimburse you for foisting an unexpected and non-negotiated contract upon any driver of my vehicle. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - your IAS or POPLA, then the contract still ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies.

As well as not meeting the requirements of the POFA 2012, it is my view that you have breached the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013. In replying, you will also be acknowledging receipt and understanding of points 2 and 3 above. Where sent by post I have obtained proof of posting; where submitted online/by email it is deemed received by you unless proved otherwise. I look forward to your considered reply within 35 days.

Yours faithfully


{the registered keeper's name}

ADD A SQUIGGLE IF POSTING IT - NO NEED TO USE A REAL SIGNATURE


Send this first class from a Post Office and get a free proof of posting receipt. Do NOT send it recorded delivery.


I'm off out to do a bit of DIY but I'll pop back later to see how you are getting on. Tea with milk, no sugar please.

samabbey4

Yeah ive seen the template I'm going to send that! Thankyou. And it was last week i received it. I didnt know whether to podt exact details incaae they see ahah?

Fruitcake

samabbey4 wrote: »

Yeah ive seen the template I'm going to send that! Thankyou. And it was last week i received it. I didnt know whether to podt exact details incaae they see ahah?

OK, you are within timescales so no worries there. Just post up information but redacting things that can identify you such as PCN number, name obviously, reg number etcetera.


If you can scan the PCN and upload it to tinypic or photobucket you can then let us see it here. You can't post links as a Newbie so type it in, changing http to hxxp and then someone here can convert it for others to have a butchers. Obviously redact info on the PCN either by putting bits of paper over the sensitive bits, or edit the scanned image by putting black blocks over some of the writing.


I hope you are feeling calmer and more confident now. Where's my cuppa by the way?