Appeal to POPLA or ignore the letter?

arlo_2

My dispute is with Civil Enforcement Ltd. I am new to these forums and so responded to their first letter before reading the advice here. I wrote –

---

I am writing in response to your correspondence dated 10 October 2014 with reference number ***.
I have not enclosed any payment as I do not believe that your request is reasonable.

When I parked at *** there were few vehicles in the car park. If you, the landlord, or tenants had suffered a financial loss I would make a proportionate payment. I fail to understand how there has been any loss at all and certainly not £100.
I am prepared to argue my case in court and would welcome the opportunity to set out my view of your notice. I believe that giving it the title “PCN” is deliberately misleading: you hope that it will be mistaken for a Penalty Charge Notice issued by the Police or a Local Authority that has statutory powers of enforcement.

---

They have now sent me a Repsonse to Representation where they say "..we regret to advise that we are unable to cancel this Enforcement Notice". They offer an appeal to POPLA. Should I a. appeal to POPLA, b.ignore the letter, c. write to CIL, d. something else?

grant_uk

a. Definitely

But before that...

d. Read the stickies at the top of the forum page and then post back with any questions.

Umkomaas

You must definitely go through the appeals process otherwise you are likely to receive court papers from CEL. they never show up in court, but the paperwork you will need to do, if court papers are served, will be quite substantial.

You've already let the cat out of the bag in admitting you were the driver, thereby losing valuable advantage as the keeper - but that's water under the bridge now! So you need to get on with researching and drafting your POPLA appeal.

There is a wealth of information and specimen POPLA appeals in the NEWBIES FAQ sticky (one page back from here) - go to post #3 and click on the 'How to win at POPLA' blue link. Your POPLA deadline date is absolutely rigid - do not waste this golden opportunity to kill this dead by sleepwalking past that deadline date.

Make no further contact with CEL!

fisherjim

It always amuses me when these con artists state "we regret to advise that we are unable to cancel".
Which of course they can at any time, they just don't want to lose potential revenue, and use this wording as another attempt at looking official as if due process has been started and cannot be stopped. All complete scammy balderdash!

arlo_2

Thank you for your help. I have appealed and will update here with the result.

"we regret to advise" ... no you don't

"we are unable to cancel this" ... of course you're able, you're just unwilling.

Umkomaas

arlo wrote: »

Thank you for your help. I have appealed and will update here with the result.

"we regret to advise" ... no you don't

"we are unable to cancel this" ... of course you're able, you're just unwilling.

Have you used a specimen appeal from the NEWBIES FAQ sticky?

Please tell me you haven't sent an appeal telling POPLA 'what happened' and similar to your appeal to CEL? If so you will lose!

ezerscrooge

If you've not done a proper POPLA appeal then, as umkomaas said, you will lose.

Your POPLA appeal must follow the templates..

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

Find one that closely fits your case and do show us your text on here, so it can be checked over.

You should be ok to add to any appeal you've already made.

Don't throw away this golden chance to get rid of this charge for good.