Parking fine query

NikkiF

My 18 year old was issued a PCN from Civil Enforcement while parked completely legally in a privately owned car park. The fine arrived while he was on holiday, and when he got back ( knowing that he had done nothing wrong, but despite me saying he needed to respond) he ignored it! The signage on the car park allowed for up to 90 minutes free parking ( no ticket required to be shown) at all times. According to the PCN issued, and on the times that they quoted in their documentation, he was in the car park for 22 minutes and 17 seconds ( their times, not ours) As soon as the 2nd demand came in ( this time increased from £60 to £100) and my son admitted that he'd done nothing about the first letter, I wrote back - including a photo of their signage - and sent the letter the same day by special delivery, so they got it the following day, stating that by their own timings on their PCN, that it was issued unlawfully ( because he had not parked for more that the permitted time) and their PCN would therefore not be paid. I got a letter back saying tough, you didn't reply within 28 days, you owe £100!! I have now had a letter stating that they are going to issue court proceedings unless he pays within 14 days (and he now has to pay £140) and quoting the infamous Beavis case as the basis for their case. I have written back ( again special delivery!) basically telling them that we will not be paying as no offence has taken place, and that the Beavis case is completely irrelevant as Beavis admitted overstaying the time allowed, whereas my son was well within the time permitted for free parking.So, has anyone had a similar experience - ie the PCN was issued unlawfully but they still chose to threaten court proceedings just because the response to the original PCN was not received within 28 days? And if so what was the outcome. I really can't see any judge upholding a (now £140) fine when the only thing he did wrong was not to write a letter. So am I right or wrong? Citizens advice are completely useless, as are POPLA, who have refused to help as Civil Enforcement won't issue an appeal number because the letter wasn't received within 28 days.

catfunt

Best to please edit your post and put it into paragraphs, it will be easier to read and digest. Not just me being pernickerty, we all find that, honestly!
Big "lumps" of text herder to follow.

Best not to use special delivery. They can refuse to sign for it and then claim non-service.

Always best to send first class and get a free proof of posting certificate from the Post Office. Deemed served 2 days after posting.

Have a good read of the NEWBIES thread, and prepare your action plan for the event that you may receive a (perfectly defendable) court claim. CEL have previous for issuing court claims then not turning up.

Don't go to the CAB, they are clueless on private parking matters.

Why was he ticketed when he was there for only 22 mins? Was he required to put his reg into a machine in a store or something?

Who was the latest letter from? I bet it was from a mere debt collector (who cannot take you to court)

Coupon-mad

Same as any other CEL claim thread, you might get a court claim but it will be defendable. They try sometimes but with a robust defence, which costs you nothing but time, CEL have backed off in almost every case and not paid the hearing fee.

Are the letters to you then (just trying to work out why you replied?). Are you the registered keeper and you appealed after the second letter?

Or is your son the registered keeper on the V5, yet you wrote 'for him' as a third party (neither the keeper or driver)?

As well as answering that to clarify, please also tell us which of you is being sent these letters now?

Was the name and address of the driver ever given to them with any admittance of who was driving?