Appeal to Civil Enforcement Ltd unsuccessful :Help please

gwen1567

My partner recieved a PCN on the 20/10/16 advising his car ( which I had used) had overstayed a 1 hour free parking on a private car park on the 19-09-16.
I was under the impression that parking was free if a purchase from the adjacent store was made.
Unfortunately I was not aware the store had changed hands and that only a one hour free park was now permitted.
I parked at 15.20 and left at 16.40.
I used the money saving expert template to advise of the above also that I suffer with severe depression to which sometimes cause me to not pay attention.

They state there is no legal requirement to send out the PCN WITHIN 14 days?

Can anyone advise if I should just pay as I'm frightened my partner who is the owner of the car will in turn have a bad credit rating.

Many thanks

Gwen

pappa_golf

ok slow down!, this was presumably a "anpr" type ticket , ie no ticket on the car ?


by failing to deliver the paperwork to you within the 14 days they have lost their chance to rely on the POFa , and can now only chase the driver, (not the owner) , which MSE template , the one on the MSE site or the one listed here https://forums.moneysavingexpert.com/discussion/4816822

Coupon-mad

I suffer with severe depression to which sometimes cause me to not pay attention.

Then you are covered by the Equality Act 2010; severe depression is a debilitating condition likely to last more than 12 months, which affects your concentration and purchasing decisions and your daily life. They are treating you unfairly - it can be classed as discrimination.

I used the money saving expert template to advise of the above also that I suffer with severe depression to which sometimes cause me to not pay attention.

OMG that AWFUL MSE template has a lot to answer for. You wrote telling them your mitigating circs and admitting who was driving didn't you? Oh dear. MSE should not allow that template to still be there IMHO. But DO NOT PAY!

They state there is no legal requirement to send out the PCN WITHIN 14 days?

There isn't but if you had appealed as registered keeper using our forum template appeal then you could have used that deadline. A driver cannot use any of that.

When did the rule change to 1 hour, how long ago?

What date is on the rejection letter and have they offered POPLA?

Has the reply come to YOU (driver) or to your partner? IMPORTANT.

gwen1567

Thanks for your response.
I did not advise I was the driver at the time to the enforcement Company, do you think I should e-mail them again, yes they have advised POPLA although if I am unsuccessful I will have to pay the full amount of 100.00.

The letter came to the Driver dated 1st November 2016.

Many thanks

pappa_golf

have you been to the shop to see if its them that hired CEL ?

do you think the car park belongs to the shop?

have you asked them to get it cancelled ?

whern was the change of ownership , is it recent?

very good chance that CEL have just continued after new ownership and shop are happy for an empty car park??

start doing some research

several things stand out

have they got a contract

was signage displayed to state terms had changed

what about a grace period , they seem to have forgot it

you wrote:

I parked at 15.20 and left at 16.40. is this what THEY say , if so that was the time you passed the entrance/exit cameras , NOT the time you PARKED

Fruitcake

gwen1567 wrote: »

Thanks for your response.
I did not advise I was the driver at the time to the enforcement Company, do you think I should e-mail them again, yes they have advised POPLA although if I am unsuccessful I will have to pay the full amount of 100.00.

The letter came to the Driver dated 1st November 2016.

Many thanks

This is contradictory.

You say you did not advise you were the driver, but the letter was sent to the driver, not the keeper.

It is very important that you clarify what happened, whether you gave away who was driving, and who received the letter from the parking company.

Please clarify so we can understand what has happened.

Coupon-mad

gwen1567 wrote: »

Thanks for your response.
I did not advise I was the driver at the time to the enforcement Company, do you think I should e-mail them again, yes they have advised POPLA although if I am unsuccessful I will have to pay the full amount of 100.00.

The letter came to the Driver dated 1st November 2016.

We think you did, if you used the awful MSE template it says rubbish like 'the reason why I parked as I did was...'.

Or did you NOT use that template? What did you actually say in appeal, do you have a copy?

Obviously do not email CEL saying who was driving!

The_Deep

Anyway, not to worry, they now know that they are required by law to make reasonable adjustments to acknowledge the protected characteristics of the driver. Read this

https://www.gov.uk/guidance/equality-act-2010-guidance

Failure to comply could cost the a lot of money.

gwen1567

Dear Couponmad

I really need help on submitting to POPLA,
The parking Company Civil Enforcement Ltd took over the carpark in August 2015, I never paid any attention to the signage as I was unaware it had been taken over, I suffer with severe depression and paid no attention I'm afraid, I was 10 minutes over the parking allowance (free one hour).
I have got to pat the PCN by tomorrow or I risk the increased payment of £100.
Do you think I should just pay as this is driving me insane! Although I am also I debt so this adds to my desperation.
I've added all correspondence?


Many thanks

Gwen

pappa_golf

I parked at 15.20 and left at 16.40

then you say I was 10 minutes over the parking allowance (free one hour).

please tell us what times are shown on the ticket

gwen1567

From 15.20:04 to 16:20:04.
I am trying to upload all correspondence but am unsure how to upload.

Thank you for helping