Civil Enforcement Ltd - Debt Recovery Letters

lowe712131

Hi - my first post, thanks for the site and all the info! Had a good read on the forum and I have to say it does put your mind at ease, knowing that a) you're not actually in the wrong and some sort of 'criminal', b) there is help and support available from knowledgeable, helpful people and c) you can fight back against these bottom-feeding scumbags!!


My concern is, I have missed the deadline for a POPLA appeal, for the reason below.
My daughter visited a drop-in Health clinic in Burton on Trent (i.e. no appointment made, was just a drop in facility) and received a PCN through the post. Apparently, although she did 'sign in' to the clinic when she got there, she didn't register her car reg in the system (she is 17 and had only been driving 2 weeks at the time). I would say the signage was misleading; she thought just signing in to the clinic was sufficient and didn't know about registering for parking as well.
Anyhow, I got her to send a pre-prepared template response to Civil Enforcement, saying she denied any liability to them (without saying she was the driver) and she was involved in authorised activity at the clinic.
They replied, refuting this and stating she still owed them for the PCN. They gave a POPLA code at this stage.
I got her to go to the clinic and she got a letter from them, stating she was at the clinic for an appointment on the day in question. The clinic said this happens all the time and they had a template letter already prepared. I sent this to CEL with a covering email, thinking that would be the end of it (hence I didn't bother going down the POPLA route). By the time they had replied saying this wasn't adequate and she still owed the money (?!?!?) and she had picked up the letter, the POPLA code had elapsed, so I couldn't do the POPLA appeal.
They have now said they will not enter into any further discussion and it will be passed to a Debt Recovery company to get the money!!
I just don't get how they can still think they can get money out of us, when we have an official letter from the PEOPLE PAYING THEIR WAGES, saying she was there officially?????


Should I just ignore the Debt Recovery Letters? I should have just gone to POPLA, but in sending the letter to them, I thought that would kill it, then because my daughter doesn't live with me, it was a few weeks before she came round and picked her post up, by which time the POPLA code had expired.


I don't mind going to court as a matter of principal, but my daughter is worried about it. I'm just confused as to the best step to take next. In my last email to them, I did point out they sent the PCN (Notice to Keeper) after 28 days, which, being as it was done on ANPR, contravenes the PoFA 2012 regulations (hope I'm right with that??), as it was longer than 14 days. Not had a reply to that, although they have stated no more correspondence will be entered into.


Any advice would be very gratefully received!
Many thanks

Redx

if you have missed the POPLA deadline boat and complained to the landholder there is little else you can do

and read this too

https://forums.moneysavingexpert.com/discussion/5035663

complain in writing to your "MP"

Fruitcake

My opinion is that everyone who has missed the PoPLA appeal deadline should appeal anyway, and add this.

The Alternative Dispute Regulation Act 2015 (ADR) states that ADR should be available to consumers for not less than twelve months.

http://www.legislation.gov.uk/uksi/2015/542/pdfs/uksi_20150542_en.pdf

SCHEDULE 3

Regulation 9(4)
Requirements that a competent authority must be satisfied that the body meets ...


Grounds to refuse to deal with a dispute

13. The body may only refuse to deal with a domestic dispute or a cross-border dispute which it is competent to deal with on one of the following grounds—
(a) prior to submitting the complaint to the body, the consumer has not attempted to contact the trader concerned in order to discuss the consumer’s complaint and sought, as a first step, to resolve the matter directly with the trader;
(b) the dispute is frivolous or vexatious; (c) the dispute is being, or has been previously, considered by another ADR entity or by a court;
(d) the value of the claim falls below or above the monetary thresholds set by the body;
(e) the consumer has not submitted the complaint to the body within the time period specified by the body, provided that such time period is not less than 12 months from the date upon which the trader has given notice to the consumer that the trader is unable to resolve the complaint with the consumer;

Since none of the above apply, I require PoPLA to comply with the will of parliament.

beamerguy

lowe712131 wrote: »

Hi - my first post, thanks for the site and all the info! Had a good read on the forum and I have to say it does put your mind at ease, knowing that a) you're not actually in the wrong and some sort of 'criminal', b) there is help and support available from knowledgeable, helpful people and c) you can fight back against these bottom-feeding scumbags!!


My concern is, I have missed the deadline for a POPLA appeal, for the reason below.
My daughter visited a drop-in Health clinic in Burton on Trent (i.e. no appointment made, was just a drop in facility) and received a PCN through the post. Apparently, although she did 'sign in' to the clinic when she got there, she didn't register her car reg in the system (she is 17 and had only been driving 2 weeks at the time). I would say the signage was misleading; she thought just signing in to the clinic was sufficient and didn't know about registering for parking as well.
Anyhow, I got her to send a pre-prepared template response to Civil Enforcement, saying she denied any liability to them (without saying she was the driver) and she was involved in authorised activity at the clinic.
They replied, refuting this and stating she still owed them for the PCN. They gave a POPLA code at this stage.
I got her to go to the clinic and she got a letter from them, stating she was at the clinic for an appointment on the day in question. The clinic said this happens all the time and they had a template letter already prepared. I sent this to CEL with a covering email, thinking that would be the end of it (hence I didn't bother going down the POPLA route). By the time they had replied saying this wasn't adequate and she still owed the money (?!?!?) and she had picked up the letter, the POPLA code had elapsed, so I couldn't do the POPLA appeal.
They have now said they will not enter into any further discussion and it will be passed to a Debt Recovery company to get the money!!
I just don't get how they can still think they can get money out of us, when we have an official letter from the PEOPLE PAYING THEIR WAGES, saying she was there officially?????


Should I just ignore the Debt Recovery Letters? I should have just gone to POPLA, but in sending the letter to them, I thought that would kill it, then because my daughter doesn't live with me, it was a few weeks before she came round and picked her post up, by which time the POPLA code had expired.


I don't mind going to court as a matter of principal, but my daughter is worried about it. I'm just confused as to the best step to take next. In my last email to them, I did point out they sent the PCN (Notice to Keeper) after 28 days, which, being as it was done on ANPR, contravenes the PoFA 2012 regulations (hope I'm right with that??), as it was longer than 14 days. Not had a reply to that, although they have stated no more correspondence will be entered into.


Any advice would be very gratefully received!
Many thanks

Welcome to the world of scammers.
Doubt CEL ever read the letter .... their whole principal is to say NO

Is the debt collector DRP?
Whoever they are, they are simple leeches who attach themselves
to the scam sending out "scary" letters and telling lies

100% POWERLESS AND TO BE IGNORED

If CEL do decide to take you to court, it will not be from the stupid debt collector

Just wait and if you get a LBA from CEL come back here

Have a good read of this and chuckle
http://parking-prankster.blogspot.co.uk/search?q=CEL

Umkomaas

Who exactly is the car's registered keeper (the name on the V5C, aka logbook)?

lowe712131

It's my daughter's name on the V5, but registered to my address (she lives full time with her mum).


Thanks for your help everyone - I'm going to give it a little time and see what happens. They've only sent one Debt Recovery threat so far, maybe if somebody higher up in the swamp reads my last (rather sarcastic) reply, maybe they'll just drop it - surely they can't think it's a winnable case if the company that engaged them in the first place are saying it was authorised parking?


Cheers

beamerguy

lowe712131 wrote: »

It's my daughter's name on the V5, but registered to my address (she lives full time with her mum).


Thanks for your help everyone - I'm going to give it a little time and see what happens. They've only sent one Debt Recovery threat so far, maybe if somebody higher up in the swamp reads my last (rather sarcastic) reply, maybe they'll just drop it - surely they can't think it's a winnable case if the company that engaged them in the first place are saying it was authorised parking?


Cheers

Debt collectors, even the highest in the swamp are programmed
to scam money from you and are not smart enough to understand they are on a loser. JUST IGNORE

Would suggest that as your daughter is living full time with her mum, she informs the DVLA of her new address.
This applies to her licence and car.
Unfortunately, the DVLA are not up to speed by cross referencing, so both have to be done
There is a £1000 FINE from the DVLA for not doing so

lowe712131

Yes, good point - I will get it changed. I think I automatically put my address down when I bought her the car, but you're right, it ought to be registered to her main address. Her license already is.
Thanks for that

Redx

lowe712131 wrote: »

Thanks for your help everyone - I'm going to give it a little time and see what happens. They've only sent one Debt Recovery threat so far, maybe if somebody higher up in the swamp reads my last (rather sarcastic) reply, maybe they'll just drop it - surely they can't think it's a winnable case if the company that engaged them in the first place are saying it was authorised parking?


Cheers

they wont "drop it" , if they do they wont get the fee they add on

so DRP or any other DCA will keep it live for at least 6 years, sending letters out threatening armageddon if the recipient does not pay

but you and her can both IGNORE the debt collector letters

the alleged debt is "forever" , but the PPC only has 6 years to try a court case

nobody will "drop it" however

lowe712131

Thanks for that, yes I guess a bit of common sense and morality is a bit too much to hope for from these lowlife idiots! As long as they make a bit more money, which is obviously more important.


I'm thinking of speaking to the local paper about it all actually - there must be quite a few local people done there recently and I can imagine the whole experience might be quite scary and overwhelming for some folks. Even if it just references websites like this so people have a start point for help and info!


Thanks again

beamerguy

lowe712131 wrote: »

Thanks for that, yes I guess a bit of common sense and morality is a bit too much to hope for from these lowlife idiots! As long as they make a bit more money, which is obviously more important.


I'm thinking of speaking to the local paper about it all actually - there must be quite a few local people done there recently and I can imagine the whole experience might be quite scary and overwhelming for some folks. Even if it just references websites like this so people have a start point for help and info!


Thanks again

It's always a good idea to get the press involved, and local TV.

They will be doing the community a service and warning them about these wild animals who freely roam car parks

Local stories like this are often picked up by the national press