Civil Enforcement

Cliff0796

Hi Guys
I sent the following to Civil Enforcement for appealing against a PCN for parking in a permit only bay whilst displaying a purchased ticket. This was done on behalf of my father in laws car.


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,

He has now received a letter saying the appeal was unsuccessful, with no answers from my questions sent. It looks like a standard letter sent out.

What I find confusing is they tell me that by law they are required to inform me that Ombudsman services provide an alternative dispute reslolution service that would be competent to deal with this appeal. However, they have not chosen to participate in their alternative dispute resolution service.
What does this mean?

Also what grounds do I appeal to POPLA? Is there a standard template for me to copy?

Your help would be greatly appreciated in saving a OAP a £100 fine for the sake of a simple mistake.

Cliff

Coupon-mad

Also what grounds do I appeal to POPLA? Is there a standard template for me to copy?

Sort of, there are template POPLA appeal points in the penultimate page (at the moment) of the top sticky thread, 'POPLA Decisions'. I wrote them 2 weeks ago and they cover the usual points needed.

If unsure which to use, then search the forum for 'CEL POPLA' and copy one from this Summer/Autumn (no older).

What I find confusing is they tell me that by law they are required to inform me that Ombudsman services provide an alternative dispute reslolution service that would be competent to deal with this appeal. However, they have not chosen to participate in their alternative dispute resolution service.
What does this mean?

Nothing at all, ignore it.

Your help would be greatly appreciated in saving a OAP a £100 fine for the sake of a simple mistake.

We want to do that...please have a look as suggested and show us your Dad-in-law's draft POPLA appeal and we will help perfect it.

Cliff0796

Hi Coupan Mad. Thanks for your reply.
I've looked through some of the recent appeals and to be honest a lot of it is mind boggling.
Before I draft a letter up I have one question. On what grounds do I appeal to POPLA?
Am I appealing in regards to CEL for not answering my original questions in my appeal to them or do I appeal about NTK?

Thanks in advance.

Cliff

Myriddin

These are some of the points of appeal against CEL which I have used at POPLA, which others may care to add to:

1.) Lack of landowner authority - CEL invariably do not have a direct contract with the landowner - they usually act as agents of an agent - the contract will be with Creative Parking Solutions PLC or Creative Car Park Ltd or some such but very rarely CEL.

2.) Non compliant NTK. They normally use an NTK with a tear off portion at the bottom which contains some of the wording needed to satisfy POFA. However, Mr Justice Jackson in the judicial review
(High Court) of Barnet V Moses (Neutral Citation Number: [2006] EWHC2357 (Admin) CO/3355/2006) where he questioned that if a payment slip is removed how can it be used at a later date to verify information. In many council PATAS appeals this has been a winning factor and POPLA should be held to the same high standards.

3.) CEL signage is rubbish and does not meet the standards set by Beavis vs ParkingEye. The amount of the charge is usually in small print and does not 'adequately bringing the charges to the attention of drivers' which is also a fail at the BPA COP (18.4.)

If this is an ANPR case then CEL do not meet BPA COP (21.1):
“You may use ANPR camera technology to manage control
and enforce parking in private car parks, as long as you do this in a
reasonable, consistent and transparent manner. Your signs at the car
park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for...” There will be nothing on the signs to tell you what the data is used for.

CEL are one of the ppc's who usually don't contest a comprehensive POPLA appeal.

Coupon-mad

Cliff0796 wrote: »

Hi Coupan Mad. Thanks for your reply.
I've looked through some of the recent appeals and to be honest a lot of it is mind boggling.
Before I draft a letter up I have one question. On what grounds do I appeal to POPLA?

As Myriddin says and as you have seen in the mind-boggling examples that you will be plagiarising, you will be using several appeal points.