PCN - Civil Enforcement Ltd

pappa_golf

NO , it does not say PARKING , so how can they issue a ticket for a parking offence when its a trespass offence


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

parkingwoes_2

ZoeBowie wrote: »

Hi all,
Completely new to forums, so please, bear with me.

I have today received a PCN from Civil Enforcement Ltd advising me I need to pay the notice £60 within 14 days or £100 within 28 days (in accordance with the parking terms and conditions clearly stated on signage.

Incident date 14/07/16
PCN Issue date: 11/08/16

After googling the company to determine legitimacy I'm now at a lost as to what to do. Can anyone help?

Thanks in advance!

Hi Zoe

Simple first appeal - forget what others are stating at this point regarding what 'alleged terms' have been breached.

The NTK arrived arrived too LATE to hold the KEEPER liable and CEL do not rely on POFA in any case (HINT). Therefore only the driver can be pursued if known..

Simple appeal is all that is required as keeper of the car.

Pappa Golf gave you the email address to use - no need to cc in a 'trusted friend' simply request a delivery/read receipt

beamerguy

Here we go Zoe

http://s1126.photobucket.com/user/ZoBowie/library/?view=recent&page=1

The advice you should listen to so far is from pappa golf, Umkomaas and fisherjim

parkingwoes_2

beamerguy wrote: »

Here we go Zoe

http://s1126.photobucket.com/user/ZoBowie/library/?view=recent&page=1

The advice you should listen to so far is from pappa golf, Umkomaas and fisherjim

I am sure even Umkomaas will agree given the dates provided by the OP that the PCN arrived too late for keeper liability .

But carry on BG you are a legend on the forum

Redx

the 3 main appeal points for POPLA later on will be

No landowner contract (no locus standii)
POFA2012 (NTK failures and timescales etc)
Signage (incuding BPA CoP failures and NTK failures)

in other words , if they dont own the land and have no contract to pursue motorists , have failed POFA2012 and yet have contacted the keeper (not the driver) , plus the SIGNAGE by which they base their contract on is poor , badly lit , invisible , fails the BPA CoP, gobbledegook etc

they fail

you only have to win at popla on a single point , yet you will have at least 2 or 3 valid legal arguments in your favour

Umkomaas

parkingwoes wrote: »

I am sure even Umkomaas will agree given the dates provided by the OP that the PCN arrived too late for keeper liability .

But carry on BG you are a legend on the forum

On the assumption that this is an ANPR capture (I've skimmed back over the thread and didn't spot mention either way), then the NtK is too late.

But as I understand things of late, CEL don't pursue keeper liability in any case. A good POPLA appeal should see this hit the dust. Main thing with CEL is not to go to sleep on it and find court papers on their way, while still winnable, the effort is much greater than that required to kill it off at POPLA.

parkingwoes_2

parkingwoes wrote: »

Hi Zoe

Simple first appeal - forget what others are stating at this point regarding what 'alleged terms' have been breached.

The NTK arrived arrived too LATE to hold the KEEPER liable and CEL do not rely on POFA in any case (HINT). Therefore only the driver can be pursued if known..

Simple appeal is all that is required as keeper of the car.

Pappa Golf gave you the email address to use - no need to cc in a 'trusted friend' simply request a delivery/read receipt

Umkomaas wrote: »

On the assumption that this is an ANPR capture (I've skimmed back over the thread and didn't spot mention either way), then the NtK is too late.

But as I understand things of late, CEL don't pursue keeper liability in any case. A good POPLA appeal should see this hit the dust. Main thing with CEL is not to go to sleep on it and find court papers on their way, while still winnable, the effort is much greater than that required to kill it off at POPLA.

No the OP doesn't mention ANPR but the photos on the Ntk which I viewed before making the post show this to be the case ;-)
Quite a new feature for CEL to include photos on their PCNs and as I stated CEL don't rely on POFA - the template appeal in the NEWBIE thread therefore needs a minor adjustment.

ZoeBowie

Thank you all for all your help so far, although I am still confused.

Would this letter suffice as it's the only one I can see on the NEWBIE thread that would relate? What would I need to adjust?


Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Umkomaas

That's the one. Don't add or change anything.

ZoeBowie

Thank you everyone for your help. I'll send off the letter to the appeals email address today!