Parking fine from civil enforcement ltd

milliemonster

I've read the sticky but can't find the information relating to my case and you guys were so helpful to me with a pcN 18 months ago I'm in need of help again.

I've received a parking fine from the above last week via the post, the date of the offence was seemingly 4th November, parking in a private car park (Costa, next to my place of work) I was apparently there for 4 hours when the time limit was 1 hour, I often call in there when I am going into my workplace but cannot remember the date in question as its so long ago.

I have never received a windscreen pcN and they apparently issued He pcn by post on 21st December (this is stated on the letter) this is the second letter stating I have to pay £100 or may be taken to court, or have debt recovery action taken against me. I didn't receive the first letter.

Should the fact that they sent a pcN by post well over 28 days after the alleged offence mean they are in breach as by doing so means I am out of the time frame to appeal to popla?

As I guess I am now out of the window to appeal to popla, I'm not sure what my next step should be, can anyone offer any advice?

Coupon-mad

Just send the usual appeal for BPA members (from the NEWBIES thread) stating that this was the first letter received.

milliemonster

Hi, sorry I can't find my original thread, brief summary, parked at my place of work on 4th nov, postal pcN dated 21st dec received 3 weeks ago, (this was a second letter, I didn't receive the first) I appealed using the template in the sticky, asking for copies of all photographs etc, I have today received a reply saying I am too late to appeal as I am outside 28days from the offence (although the offence was 4th nov and the pcN is dated 21st dec so would always have been outside that date anyway even if I had received the first letter) and to pay £100 within 14 days

What is my next step now as they have not provided any evidence of signage/pics of my car etc?

Coupon-mad

Here is your thread:

https://forums.moneysavingexpert.com/discussion/5598046

Best to reply on there to keep it consistent. So you never received any NTK and just appealed to the second letter (which to you, was the first letter).

Email back and ask for the copy of the alleged NTK (the first letter they reckon was posted) and all photos. DO NOT imply who parked.

milliemonster

Will do, to both, thanks!

milliemonster

Received reply today, stating am outside 28 day rule for appeal, the offence date is 4th nov, pcN date 21st december so I'm thinking they deliberately waited that length of time to send the first letter so I would be outside the appeal timeframe, (my boss has had the same happen, same dates aswell)

Letter has stated I have no right to appeal and to pay £100 within 14 days or they MAY take enforcement action.my previous reply to the last letter I asked for copies of photos and they have sent none.

I will send another letter (no email address has been given) asking for original NTK date and copies of all photos again, I have not declared who was driving. Anything else I need to do?

pogofish

If you call there regularly - is it possible you went-in more than once on the same day?

If so, search this forum for "double dipping" - that could be applicable.

I doubt you will get much response from Civil Excrement but another avenue you could still go for is a complaint to the landowner/operator - ie Costa or whoever runs the retail park - And if you don't have a positive response from the Costa manager, don't hesitate to escalate to their MD. All those coffees you buy there amount to something.

milliemonster

Hi again
Just an update, I've now received a letter before action giving me 14 days to pay £140 or I will be taken to court. This is despite my letter requesting photographic evidence of where I was parked and them stating I was outside the timeframe to appeal (even though they deliberately waited for 47 days after the offence date before informing me of the PCN)

I've not been in this position before so honestly don't know what to do now

help!

milliemonster

Ok So I have read the practice direction and the sticky with the guidance on how to fight back and have prepared an acknowledgement letter to my LBA, I cannot see annex A para 2 in the practice direction though that is linked from the sticky?

Anything else I need to do? and what should I expect to happen next?

milliemonster

Oh and I have also found my bank statement to prove I purchased in that particular costa that day, I don't know if this will help at all?

Coupon-mad

milliemonster wrote: »

Oh and I have also found my bank statement to prove I purchased in that particular costa that day, I don't know if this will help at all?

Yes in an urgent complaint to the landowner/retailer.

No for CEL. And of course you are not saying who was driving in any response.