Civil Enforcement Ltd PCN

sniper7

Hi there, I wonder if someone can help me please. I'm new here and I'm easily confused (which doesn't help).

I received a Parking Charge Notice (PCN) through the post from a company called Civil Enforcement. The Incident date was 17.10.16. The PCN issue date was 07.11.16.

I emailed CE asking for them to provide whatever evidence they had to prove the alleged offence (not identifying the driver). I received a letter with two photographs attached (entering and leaving the car park).

I then appealed to CE via email (again not identifying the driver). They wrote to me on 29.11.16 saying it was unsuccessful and to appeal to POPLA if I wanted to.

As keeper, do I have grounds to appeal to POPLA, if so, can someone please point me in the right direction?

I have all documentation, other than the envelopes that the correspondence was received in.

Many thanks in advance.

The_Slithy_Tove

sniper7 wrote: »

As keeper, do I have grounds to appeal to POPLA, if so, can someone please point me in the right direction?

Of course you do. The right direction is the NEWBIES sticky thread, which has pointers to POPLA appeals. As you have not identified the driver at any point, you have a very strong point (amongst others) that you as keeper have no liability, as CEL have failed to conform to the Protection of Freedoms Act (Notice to Keeper was late for a start).

Carthesis

The NTK was received late, so there can be no liability transfer as TST states.

There is some wording you may wish to use that I have written elsewhere - you can find it by searching through my posts after clicking on my username.

sniper7

So would I be right to concentrate solely on the fact it was issued late and they cannot transfer liability?

I'll have a look through your posts......thanks to you both.

There are so many posts on parking matters!!

sniper7

This is the original appeal email I sent to CEL.

Dear Sir or Madam,
As part of my appeal to your recent invoice the following must be read in its entirety in order for this issue to be dealt with fully. This email contains my full details of appeal. By reading this email in its entirety (which you are obliged to do so) you are agreeing to be contractually bound to pay me, X, the amount of £100. By failing to read this in its entirety you are therefore failing to administer my appeal properly and are therefore obliged to discharge the aforementioned invoice.
Your PCN states ‘Payment not made in accordance with terms displayed on signage.’ Quite simply, this is incorrect. Therefore, I will not be paying the invoice.
I am vastly experienced in court attendance and evidential presentation. I therefore expect full evidential standards of proof from Civil Enforcement Ltd. This means, I require Civil Enforcement Ltd to attend court to prove your case. I will require a Civil Enforcement Ltd supervisor/manager to provide evidence as to what training has been undertaken in this particular regard. I will require a member of Civil Enforcement Ltd’s internal appeals department to provide evidence in court on the amount of incorrect invoices issued and the amount of court cases that have not gone in your favour and explain the reasons why.
To continue, I expect a fully documented authority from the landowner, which provides evidence for Civil Enforcement Ltd to carry out this type of activity on the land in question to be evidentially provided.
To compliment this, I will require the attendance at court of the person who gave the aforementioned authority so that it can be examined in court to authenticate that permission.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only email you will receive from me until you discharge the invoice.

Yours sincerely,

pappa_golf

sniper7 wrote: »

This is the original appeal email I sent to CEL.

Dear Sir or Madam,
As part of my appeal to your recent invoice the following must be read in its entirety in order for this issue to be dealt with fully. This email contains my full details of appeal. By reading this email in its entirety (which you are obliged to do so) you are agreeing to be contractually bound to pay me, X, the amount of £100. By failing to read this in its entirety you are therefore failing to administer my appeal properly and are therefore obliged to discharge the aforementioned invoice.
Your PCN states ‘Payment not made in accordance with terms displayed on signage.’ Quite simply, this is incorrect. Therefore, I will not be paying the invoice.
I am vastly experienced in court attendance and evidential presentation. I therefore expect full evidential standards of proof from Civil Enforcement Ltd. This means, I require Civil Enforcement Ltd to attend court to prove your case. I will require a Civil Enforcement Ltd supervisor/manager to provide evidence as to what training has been undertaken in this particular regard. I will require a member of Civil Enforcement Ltd’s internal appeals department to provide evidence in court on the amount of incorrect invoices issued and the amount of court cases that have not gone in your favour and explain the reasons why.
To continue, I expect a fully documented authority from the landowner, which provides evidence for Civil Enforcement Ltd to carry out this type of activity on the land in question to be evidentially provided.
To compliment this, I will require the attendance at court of the person who gave the aforementioned authority so that it can be examined in court to authenticate that permission.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only email you will receive from me until you discharge the invoice.

Yours sincerely,

well that went down well , I would have laughed if I recieved that!

using the POPLa code given to you , appeal to POPLa

PS: you have not said what the ticket was for , just that you got one followed by nice photos

sniper7

That was a draft of something sent to me by a friend - I wasn't aware of this site at the time unfortunately.

The ticket says payment not made in accordance with terms displayed on signage.

I am searching for the correct wording in relation to the late issue of the PCN.

pappa_golf

did you make a payment? was it one where you entered your VRN , or was it for an overstay ?

Carthesis

sniper7 wrote: »

I am searching for the correct wording in relation to the late issue of the PCN.

https://forums.moneysavingexpert.com/discussion/comment/71687111#Comment_71687111

sniper7

According to my wife it was pay at machine and get a ticket, but I don't see how it could've been if it's identified by ANPR?!

pappa_golf

because they ask you to enter the VRN of the vehicle , this is then checked by the ANPR system, if the number is not logged you get a ticket via the post , if you overstay , you get a ticket via the post

if you park sideways , or across multiple spots or even on your roof and have a picknick or a bombfire the camera will not care