2nd Letter - help please!

R.WS

Would appreciate some advice!

Have received a PCN from Civil Enforcement Ltd and, on advice from the MSE site, replied with the following:

"You issued me with a parking ticket on xxxx 2015 but I believe it was unlawfully issued. I will not be paying your demand for payment for the following reasons:

· The charge is disproportionate and not a genuine pre-estimate of loss
The amount you have charged is not based upon any genuine pre-estimateof loss to your company or the landowner.

Accordingto the Unfair Consumer Contract Regulations, parking charges on private landmust not exceed the cost to the landowner during the period the motorist isparked there. In this case, the £100 charge you are asking for far exceeds the cost to the landowner; and

· The notice to keeper is incorrect
The Notice to Keeper failed to meet the obligations of Schedule 4 of theProtection of Freedoms Act 2012. It arrived late, having been posted second class on xxxx and arriving on xxxxx, 18 days after the alleged parking offence.


Ifyou choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter."

There were plenty of car parking spaces available but the signage is clearly visable (can't remember exactly what it says).

Have now received the following:

"The charge that has been levied is clearly stated on the signage around the site. Furthermore, it falls within the British Parking Association's recommended guidelines for car park enforcement.

We use Automatic Number Plate Recognition (ANPR) cameras that record all vehilcles entering and exiting the car park. The high-tech cameras are not designed to monitor movements within the car park or identify the driver."

They are obviously indicating that they HAVE answered our points - but the answers do not seem to be conclusive! Can anyone advise what, if anything, we need to do next and what their next move is likely to be??

Many thanks

Umkomaas

Have they issued you a 10-digit POPLA code?

If not complain (with copies of all correspondence to/from CEL) to the DVLA and the BPA that they've rejected your appeal and have failed to comply with instructions from the DVLA and the BPA that POPLA verification codes must be sent with letters of rejection. Ask that sanctions are imposed on CEL.

Addresses for the above are contained in post #6 of the NEWBIES FAQ sticky, which I presume you have already read?

Iceweasel

I suggest that you immediately edit your post to remove your name at the end and also take out the sentence where you reveal to the world who is the keeper and who was actually driving.

This is urgent - do it NOW.

R.WS

Thanks - didn't think of that as identifying .....

R.WS

It's not even clear they ARE rejecting my appeal but I assume this is what they are indicating. No POPLA code mentioned.

Umkomaas

R.WS wrote: »

It's not even clear they ARE rejecting my appeal but I assume this is what they are indicating. No POPLA code mentioned.

Well you're not required to assume anything other than in reply to your appeal they have not upheld it. In the absence of anything else, it's a rejection!

Complaint time.

R.WS

Thanks very much for clarifying.

R.WS

Could you please tell me where I find the Newbies FAQ sticky (very much a newbie!)?

Iceweasel

R.WS wrote: »

Thanks - didn't think of that as identifying .....

These scammers are known to regularly monitor this forum.

Read your post again - you still have too many "I"s in it.

And a sentence I would take out - the one with the reference to who was 15 minutes late.

Try to get into the habit of thinking, saying, and writing 'The driver' rather than I or me etc.

So the driver was 15 minutes late.

I think that you have got them with not sending you a POPLA code.

But in your letter did you use the words 'This is an appeal' or did you just say 'I am not paying'.

I would write once more - make it clear that it is an appeal and tell them (not ask) for a POPLA code if they refuse your appeal (which of course they will do).

Umkomaas

R.WS wrote: »

Could you please tell me where I find the Newbies FAQ sticky (very much a newbie!)?

If you've not read the sticky, where did you get the appeal points raised in your initial appeal?

It's near the top of the forum thread list, one page back from this one.

R.WS

Thanks for your advice - hope not too late in editing

We didn't mention appealing - only that wouldn't be paying. Would you advise saying we are appealing (for the same reasons?) and requesting the POPLA code?