pcn for parking at Hemel Hempstead sports centre

oscar-

I received a PCN for parking at my local council sports centre which is managed by Civil Enforcement ltd.
You are allowed three hours parking and your vehicle details are entered on a touch screen in the sports centre.
On the day in question my details were not entered on the touch screen so I was issued the PCN. (Fair enough if you have parked illegally I would say).
I have appealed as I believe I am legally parked and this is a technicality as my details are not on the touch screen system.
It is possible I entered an incorrect registration, forgot to press enter to submit the entry or I may have even forgot and just went straight into my weekly activity at the centre.
I am a member of the sports centre and pay a monthly subscription of £48. I have stated in my appeal, that I may have not registered for one of the above reasons and also that as I attend the same activity at the sports centre on both Wednesdays and Sundays at the same time for the past ten years or so that there is evidence that I am a regular user and there will be an audited trail at both the sports centre and with the parking management company that I am parking at the car park whilst using the sports centre. My appeal failed and is now at the second stage with POPLA.
I contacted the sports centre as well who replied saying they have no authority to cancel the parking fine but will settle this for me, but ask for a contribution of £15.(They obviously are well aware I am a paying member of the sports centre and was present at the sports centre on the day).
I could quite easily pay the £15 and forget it and put it down to experience for forgetting to register or entering the details incorrectly but feel aggrieved as I have a given a valid reason for being there, there is documented evidence I was in the sports centre at the time in question and also a trail of evidence to support my argument over the years, and if the sports centre are willing to settle the fine then they are admitting I had parked legally.
It really is a matter of principle to me.... This is not really car park management as they could quite easily email the sports centre to verify my case, but is more a case of extortion and CE not taking a valid reason for being there and pursuing me for the full amount hoping I will cave in and pay up rather than risk a higher penalty.
Should I swallow my pride and pay the sports centre a £15 contribution to settle the parking fine, or risk a higher penalty charge by standing up for what I feel is an unjustified PCN from CE who clearly are not interested in my appeal and have only one objection which is to raise as much as they possibly can in parking fines whilst they have the contract for the car park.
Any help and advice would be great
Thanks
Oscar-

Coupon-mad

I have stated in my appeal, that I may have not registered for one of the above reasons and also that as I attend the same activity at the sports centre on both Wednesdays and Sundays at the same time for the past ten years or so that there is evidence that I am a regular user and there will be an audited trail at both the sports centre and with the parking management company that I am parking at the car park whilst using the sports centre. My appeal failed and is now at the second stage with POPLA.

If your appeal is at POPLA you need to very quickly send in another email to POPLA! You will lose if you only said the above to POPLA!

No idea why you are thinking of paying. Read the NEWBIES thread, post #3 'How to win at POPLA' and quickly send an email saying there has been no genuine pre-estimate of loss, etc. You must act quickly to simply email the usual words we use, as your version of an appeal cannot win.

Our words WILL win it for you.

oscar-

Hi There


Thanks for responding and your advice has made me more determined to fight against this pcn.
I am going to take on these "scallywags" and win !
I have read the newbies stuff but it is all a bit confusing....
Should I just base the appeal again to popla on evidence that the sum claimed is a not genuine pre estimate of loss ect and is an unfair amount as it is a free car park for users of the sports centre or should I ask for copies of the contract, evidence that they are entitled to receive the monies, evidence of calibrated cameras, complying with pofa 2012. (This is where it is all a bit confusing)
regarding losses to the sports centre.... It is a free car park for users so there are no losses to them anyway.
Cheers and I will let you know how things go
Oscar-

bazster

Also, if you are a Dacorum resident, complain to your councillors about this racket. The facility may be leased to Dacorum Sports Trust but it's still owned by the council, and Dacorum Sports Trust gets a grant from Dacorum Borough Council.

Tell your councillors that you want this grant withdrawn, and you want DST told that its lease will not be renewed, unless DST ends this parasitical parking operation.

oscar-

Hi Bazster


I have been reading loads of the threads regarding these fines and your comments and answers inspire me to hassle every one I can to over turn this pcn and prevent these parasites as you rightly call them getting my hard earned cash for parking where I am already paying as a member of DST (They are just as much a disgrace as well, but I could moan all night about how bad they are.


Just to clarify what I should do....
Is basing my appeal solely on the fact that the car park is free to users and the sum they are trying to claim is not a genuine pre estimate of loss to them or to DST enough or do I have to raise all the points that are in the template letters.


Just another quick point.... DST claim they do not receive income from the parking charge notices and they are not able to administer the charges, and are therefore also not able to rescind them. Is this correct or can they as the land owners simply instruct the CE ltd to not take any further action.
They have offered to settle the fine for £15 contribution but if they can cancel it with a simple email even the £15 is a money making racket.


Cheers


Oscar-

Coupon-mad

Email POPLA 'additional evidence re POPLA code xxxxxxxxxx' (in the subject line)that it's not a GPEOL and that they don't own the car park so have no standing to pursue charges in the courts nor authority to make contracts with drivers.

bazster

oscar- wrote: »

Just to clarify what I should do....
Is basing my appeal solely on the fact that the car park is free to users and the sum they are trying to claim is not a genuine pre estimate of loss to them or to DST enough or do I have to raise all the points that are in the template letters.

It should be enough but it can't hurt to raise all the other relevant points.

oscar- wrote: »

Just another quick point.... DST claim they do not receive income from the parking charge notices and they are not able to administer the charges, and are therefore also not able to rescind them. Is this correct or can they as the land owners simply instruct the CE ltd to not take any further action.
They have offered to settle the fine for £15 contribution but if they can cancel it with a simple email even the £15 is a money making racket.


Cheers


Oscar-

So they've said that (i) they can't cancel the fake fine and (ii) they will cancel the fake fine in return for £15. I don't know what's in their contract with CEL, but you can draw your own conclusions from these two contradictory statements. What a bunch of shysters. Make sure you bring this nonsense to the attention of your councillors.

oscar-

Hi Bazster and coupon mad


Thanks for your help and advice on this.
I have sent the additional info to popla and will hassle DST and the local council and MP ect.
Will let you know what happens
Cheers
Oscar-