Civil Enforcement Parking Ticket

kal79454

Hi,

I received a PCN that says Payment not made in accordance with terms displayed on signage.
I didn't pay for a ticket, I was parked sat in my car, eating my food as I was on a break from work.
The company is Civil Enforcement Ltd.

I didn't receive the yellow sticker thingy, their ANPR camera caught me. I stayed for about 25 mins.

Incident date is 08/08/16
Received the letter yesterday on 12/09/16.

Do I have a leg to stand on?

How do I get out of it? It's for £100, £60 if paid within 14 days. I'm only working part time not making a lot of money. Can't afford to pay it.

Thanks in advance.

Regards

Fruitcake

If there was a charge for parking, why didn't you pay? In or out the car, you were parked by your own admission. You should remove that information from your original post before proceeding.

Then, please read the Sticky thread for NEWBIES then send the BPA template in blue you will find there. If you want, you can add an additional point that the NTK does comply with POFA 2012 so you as keeper are not liable.

Be aware that you must not under any circumstances reveal the driver's identity.

kal79454

Fruitcake wrote: »

If there was a charge for parking, why didn't you pay? In or out the car, you were parked by your own admission. You should remove that information from your original post before proceeding.

Then, please read the Sticky thread for NEWBIES then send the BPA template in blue you will find there. If you want, you can add an additional point that the NTK does comply with POFA 2012 so you as keeper are not liable.

Be aware that you must not under any circumstances reveal the driver's identity.

Well to be honest I'm not going to sugarcoat it. I didn't want to pay and thought I'd get away with it. Since I'm in the car parking wardens are usually nice enough to ask you to leave before giving you a ticket. I didn't know there was an ANPR system, I've parked at the same place without paying about 40 times before. It's an empty car park with only 1 or 2 cars in it normally.

I'd understand if it was packed , but it's not and I'm normally only there for about 10 minutes max.

Ok, will take a look and post back what happens. Thanks!

Coupon-mad

CEL normally cancel when they see the template from the NEWBIES thread on here.

kal79454

Coupon-mad wrote: »

CEL normally cancel when they see the template from the NEWBIES thread on here.

Thanks a lot.

Just to confirm, this is the one I send right?

Dear {name of IPC member, only IPC members for this version!!!}

Re PCN number:

I am not ignoring your charge for a purported parking infraction. As this is purely a charge, issued under an alleged contract and the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company? I require their contact details.
2. What is the full legal identity of the landowner?
3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority.
4. Is your charge based on damages for breach of contract? Answer yes or no.
5. If the charge is based on damages for breach of contract please provide your justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
8. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.

If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.

However, in my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Do not send debt collector letters and do not add any costs or surcharges. I will not respond to such contact and to involve another firm would be a failure to mitigate your costs which are not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.

Yours faithfully,

Coupon-mad

No because CEL are not an IPC member.

kal79454

Coupon-mad wrote: »

No because CEL are not an IPC member.

Which one do I send then? I'm sorry I don't know.

Please help

Fruitcake

kal79454 wrote: »

Which one do I send then? I'm sorry I don't know.

Please help

The clues are in my first post where I said, "BPA template in blue."

I apologies if you are colour blind, but the BPA part will confirm you have the correct template.

The one you have quoted quite clearly says "only IPC members ..." not BPA members.

You need to read and re-read the NEWBIES thread until you understand it. It will take a few attempts but it will become clear eventually. You may want to print the acronyms and abbreviations post 2 in order to help.
CEL are BPA members. You can check by looking at the BPA membership list online to ensure they are still current members.
So, you need to become familiar with the parts of the NEWBIES thread that relevant to BPA members.
Learning about the IPC will be useful for the future especially as you seem to have a habit of not paying for parking. That behaviour is the very reason why these private parking companies exist.