PCN but parked in private compound

Coupon-mad

Even if CEL don't cancel early, you'll win at POPLA anyway as long as the company continues to be the appellant. As Edna Basher says, CEL Notices are not compliant with the POFA 2012 which is why a driver should NEVER appeal them and give themselves away - always the keeper who can't be held liable by that wording on a badly-drafted NTK.

Same with Smart Parking and CP PLUS Notices and several others which make no attempt at POFA 2012 wording.

When the keeepr is a company it's even easier, because the company can also argue they cannot physically have been 'the driver' either so there is no legal route for 'company' to be liable.

julienetmum

Just to update:


we haven't received any response as yet.

Edna_Basher

Under the BPA Code of Practice, they should respond in writing within 35 days to either accept or reject your challenge.

You may (or may not) receive a letter from them in the next week. If you've received nothing within the 35 days, you can contact the BPA to report CEL's breach of their Code of Practice.

This happened to us a few months ago. After we complained to the BPA about CEL's lack of response to our challenge, the BPA replied to advise that CEL had written to us several weeks earlier to confirm that the charge had been cancelled.

This mysterious ghost cancellation from CEL was not an isolated incident - we've had similar experiences with other operators as well as CEL.

Coupon-mad

julienetmum wrote: »

Just to update:

we haven't received any response as yet.

Once you are around 40 days past the date when you appealed, email AOS@britishparking.co.uk and ask them to investigate - and DO NOT just accept being told by the BPA: 'have you asked CEL when they replied'?

If the BPA reply like that, reply & tell them it is not for a consumer to chase or beg for a POPLA code. CEL had your email and postal address and no reply has been received so you conclude that no reply was sent by the AOS member, hence the complaint.

julienetmum

There were two letters on my desk this morning. One charge has been cancelled. The other is being investigated and they will reply within 28 days.

julienetmum

Hi folks, further help needed please.


As I said in my previous post one charge has been cancelled and the other was being investigated and their letter said they would reply within 28 days. (letter dated 12th November)


They did not reply but I have now received a final reminder notice with the increased amount. This is dated 14th December. They have not sent the requested POPLA code.


Meanwhile just before we broke up for Xmas on 14th December I received a third PCN for an alleged offence on 29th Sept, this was dated 18th November but was sent to our old address as it involved a hire vehicle and the hire company supplied the wrong name and address. The name of the MD of the company is spelt wrongly which turns it into a different name (and he wasn't even the driver)


Huge thanks in advance.

Coupon-mad

All from Civil Enforcement?

Email the standard short first appeal for BPA Members, from the NEWBIES thread to CEL, re the new one. You only have few days to get it appealed within the 28 days to appeal that one, so do it first. State the date when the 'PCN' was received and that you are aware the dealy was due to the Hire Firm providing wrong detais at first. If that PCN has come to the company as the hirer, appeal in the name of the company, as the company (not as a 'person' - you don't need to add a name to the email appeal if you merely email the appeal from the named firm). A company can be the appellant, but do that quickly.

Re the other one they've sent a reminder for, email CEL separately and ask for your POPLA code and rejection letter this week, give them 48 hours to supply it (seeing as you appealed ages ago and got no response) and if it doesn't arrive, email a complaint by Friday to the BPA:

AOS@britishparking.co.uk

Always being careful to appeal and complain in the right name - the hirer/keeper (if that's the company every time then sobeit).

HTH