Civil Enforcement Ltd

retireetobe

Hello, I have read the newbie thread, but please could someone check I am on the right lines with this as it's probably the most complicated thing I've ever come across!

I received a PCN from Civil Enforcement Ltd with an issue date of 12th Aug 16, for an incident dated 9th July 16. It was for parking 1hr 35 mins in a 'Maximum 1 hour free parking' car park. There were several signs in the car park so I should have returned within the hour, but it was a food chain car park, I met a friend in the restaurant and simply lost track of time. My fault, but I really don't want to pay £100 for it. I don't have any receipts or way of proving I ate there. No windscreen notice was issued, just the letter which came over a month after the incident.

I stupidly forgot about the invoice until I got a 'Final reminder before legal action' dated 12th September 16. Since then I've been trying to find my way round the system!

Is this the correct appeal email to send? Am I still in time to send it? The signs actually were quite visible, though I don't know if they meet the legal guidelines ;

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,

Thanks in advance for any help

Coupon-mad

Is this the correct appeal email to send?

Yes.

Am I still in time to send it?

Not really, should have done this a month ago but try it anyway.

The signs actually were quite visible

...hmmmm...but the terms would be unreadable from a car, placed high on a pole and the £100 in smaller print than other words.

though I don't know if they meet the legal guidelines

There are none - but you can look at the BPA Code of Practice re signs. Google it.

BTW, CEL will be unlikely to just cancel this but let us know what reply you get. Either way, no-one is going to tell you to pay this - and DO NOT tell them who the driver was, even if they ask politely in a letter...

retireetobe

Many, many thanks for your reply and advice, Coupon-mad.

I sent the email exactly as above and today I have received a very short letter from Civil Enforcement Ltd confirming that the notice has been cancelled! I can't believe it was so easy, I was expecting to have to work a bit harder! Result!

Thanks again

Coupon-mad

Yep, it is still that easy in almost every case v CEL, not that a certain poster on here thinks the NEWBIES thread appeal works v CEL. She has been proved wrong several times over but doesn't seem to understand the nuance in the deliberately brief sentence in the template appeal, about the POFA non-compliance. Luckily, the likes of Smart and CEL do.

Believe what the regulars tell you! Nice result, scam gone.