PCN - Civil Enforcement Ltd

DoaM

fisherjim wrote: »

What he is trying to say is:

If you have no idea what rule, or silly offence you have broken, their notice to keeper must fail in complience to both the BPA COP, and Schedule 4 of POFA 2012:

The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;

How could you possibly put in a defence if you don't know what you are supposed to have done, just saying you didn't park within out terms and conditions is just not good enough, and would in my view be a good point at POPLA.

Dont't be misled by the above post and use wording like I parked i didn't see etc.

I've also underlined another area that the PCN almost certainly fails for with POFA.

ZoeBowie

Morning all,

It's a losing battle I feel. I checked last night and there are parking conditions signs all over the car park advising 40 minutes maximum stay.

I am sure these we're not there in July

Umkomaas

You are far too far ahead of yourself, you are going to convince yourself that you owe these people money.

Did you take photos of the signage? Have you checked the signage against the BPA Code of Practice requirements? Was there a clear warning sign (design as per the CoP) at the entrance to the car park?

Follow the initial appeal process as per the newbies FAQ sticky, get yourself a POPLA code and with a decent POPLA appeal CEL are likely to bail out.

This is most certainly not 'a losing battle'. Wise up!

ZoeBowie

Hi,

Thanks for your post.

Yes, I've taken photo's. Does signage match that of BPA code of practice - no idea. I can't find this anywhere on the NEWBIE post.

Yes, there is a clear warning sign - is this design as per CoP - no idea, I can't find this on the NEWBIE post either.

If I follow the initial appeal process how do I mention that I don't think these signs were there on the day in question.

I'm trying to wise up but I feel very much out of my depth!

All advice and help welcome

beamerguy

ZoeBowie wrote: »

Hi,

Thanks for your post.

Yes, I've taken photo's. Does signage match that of BPA code of practice - no idea. I can't find this anywhere on the NEWBIE post.

Yes, there is a clear warning sign - is this design as per CoP - no idea, I can't find this on the NEWBIE post either.

If I follow the initial appeal process how do I mention that I don't think these signs were there on the day in question.

I'm trying to wise up but I feel very much out of my depth!

All advice and help welcome

This is the BPA code of practice which is applicable to all BPA members.
http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

It is very difficult to help you without seeing the photo evidence and that means scanning a picture of the ticket (or taking a photo) plus the pictures you have taken.

Upload them to a site like photobucket and then provide the link here. Instead of https:// type in hxxp:// and we will make it live

Umkomaas

Have you Googled 'BPA Code of Practice'?

The initial appeal from the newbies FAQ sticky has a generic point about signage, but you don't embellish that at this stage. You save all detailed argument for your POPLA appeal, which you will need to send as per the PPC's instructions contained in their letter.

In the meantime you need to do plenty of research, here on MSE and also on PePiPoo, to get a good idea of what all this stuff is about while waiting for the PPC's response to your initial appeal, which should be sent to you within 35 days.

Dealing with this shouldn't be difficult, but it isn't basic painting by numbers; I'm sure you're well capable of taking control.

ZoeBowie

[IMG]hxxp://s1126.photobucket.com/user/ZoBowie/library/?view=recent&page=1[/IMG]

ZoeBowie

[IMG]hxxp://s1126.photobucket.com/user/ZoBowie/library/?view=recent&page=1[/IMG]

Has this worked?

pappa_golf

the signage states 40 mins stay


stay where , can you park as well?


the ANPR system has been set up to trap people , and NOT to allow the mandatory 10 mins on arrival and 10+ mins on leaving


in practice (in the real HONEST world) the system should not penalise anyone for less than 60 mins (40 = 10 = 10)


as CEL is a BPA company , the BPA need to be informed that CEL are failing to apply the grace periods set out in the COP

ZoeBowie

I assume it means parking for 40 mins but maybe that's where I'm going wrong.

What do I do next?